(1) As used in this section:
(a) “Custody order” includes any order or judgment establishing or modifying custody of, or parenting time or visitation with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or 109.103.
(b) “Foreign country” means any country that:
(A) Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction;
(B) Does not provide for the extradition to the United States of a parental abductor and minor child;
(C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the gender, race or religion of the other parent;
(D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the gender, race or religion of the child; or
(E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child.
(2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section.
(3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order:
(a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child;
(b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country;
(c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and
(d) Any other relevant factors.
(4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following:
(a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted;
(b) Supervised parenting time; or
(c) Passport and travel controls, including but not limited to controls that:
(A) Prohibit the parent from removing the minor child from this state or this country;
(B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child;
(C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and
(D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children’s Issues in the United States Department of State the following documents:
(i) Written notice of passport and travel controls required under this paragraph; and
(ii) A certified copy of a court order issued under this section.
(5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law.
(6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children. [2003 c.532 §1; 2005 c.22 §85]
Note: The amendments to 109.035 by section 17, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 109.035 by section 17, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 109.035, as amended by section 17, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.
109.035. (1) As used in this section:
(a) “Custody order” includes any order or judgment establishing or modifying custody of, or parenting time or visitation with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or 109.103.
(b) “Foreign country” means any country that:
(A) Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction;
(B) Does not provide for the extradition to the United States of a parental abductor and minor child;
(C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the race, religion, sex or sexual orientation of the other parent;
(D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the race, religion, sex or sexual orientation of the child; or
(E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child.
(2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section.
(3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order:
(a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child;
(b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country;
(c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and
(d) Any other relevant factors.
(4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following:
(a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted;
(b) Supervised parenting time; or
(c) Passport and travel controls, including but not limited to controls that:
(A) Prohibit the parent from removing the minor child from this state or this country;
(B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child;
(C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and
(D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children’s Issues in the United States Department of State the following documents:
(i) Written notice of passport and travel controls required under this paragraph; and
(ii) A certified copy of a court order issued under this section.
(5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law.
(6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children.
Note: 109.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 109.001 109.003 109.010 109.012 109.015 109.020 109.030 109.035 109.040 109.041 109.050 109.053 109.055 109.056 109.060 NextLast modified: August 7, 2008