North Carolina HB 370: General Statutes Commission Uniform Acts Regarding Children.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 370
Committee Substitute Favorable 3/18/25

Short Title: GSC Uniform Acts Regarding Children. (Public)
Sponsors:
Referred to:
March 12, 2025
*H370-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE UNIFORM CHILD ABDUCTION PREVENTION ACT AND TO 2
ENACT ARTICLE THREE OF THE UNIFORM UNREGULATED CHILD CUSTODY 3
TRANSFER ACT, AS RECOMMENDED BY THE GENERAL STATUTES 4
COMMISSION. 5
The General Assembly of North Carolina enacts: 6
7
PART I. UNIFORM CHILD ABDUCTION PREVENTION ACT 8
SECTION 1.(a) The title of Chapter 50A of the General Statutes reads as rewritten: 9
"Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed 10
Parents Custody and Visitation Act.Uniform Acts on Children." 11
SECTION 1.(b) Chapter 50A of the General Statutes is amended by adding a new 12
Article to read: 13
"Article 4. 14
"Uniform Child Abduction Prevention Act. 15
"§ 50A-411. Short title. 16
This Article may be cited as the Uniform Child Abduction Prevention Act. 17
"§ 50A-412. Definitions. 18
In this Article, the following definitions apply: 19
(1) Abduction. – The wrongful removal or wrongful retention of a child. 20
(2) Child. – Defined in G.S. 50A-102. 21
(3) Child-custody determination. – Defined in G.S. 50A-102. 22
(4) Child-custody proceeding. – Defined in G.S. 50A-102. 23
(5) Court. – Defined in G.S. 50A-102. 24
(6) Petition. – Includes a motion or its equivalent. 25
(7) Record. – Information that is inscribed on a tangible medium or that is stored 26
in an electronic or other medium and is retrievable in perceivable form. 27
(8) State. – Consists of the following: 28
a. A state of the United States, the District of Columbia, Puerto Rico, the 29
United States Virgin Islands, or any territory or insular possession 30
subject to the jurisdiction of the United States. 31
b. An Indian tribe or band or Alaskan native village that is recognized by 32
federal law or formally acknowledged by an entity listed in 33
sub-subdivision a. of this subdivision. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 370-Second Edition
(9) Travel documents. – Records relating to a travel itinerary, including travel 1
tickets, passes, reservations for transportation, or accommodations. The term 2
does not include a passport or visa. 3
(10) Wrongful removal. – The taking of a child that breaches rights of custody or 4
visitation given or recognized under the law of this State. 5
(11) Wrongful retention. – The keeping or concealing of a child that breaches rights 6
of custody or visitation given or recognized under the law of this State. 7
"§ 50A-413. Cooperation and communication among courts. 8
G.S. 50A-110, 50A-111, and 50A-112 apply to cooperation and communications among 9
courts in proceedings under this Article. 10
"§ 50A-414. Actions for abduction prevention measures. 11
(a) A court on its own motion may order abduction prevention measures in a 12
child-custody proceeding if the court finds that the evidence establishes a credible risk of 13
abduction of the child. 14
(b) A party to a child-custody determination or another individual or entity having a right 15
under the law of this State or any other state to seek a child-custody determination for the child 16
may file a petition seeking abduction prevention measures to protect the child under this Article. 17
"§ 50A-415. Jurisdiction. 18
(a) A petition under this Article may be filed in district court if the court has jurisdiction 19
to make a child-custody determination with respect to the child at issue under Article 2 of this 20
Chapter. 21
(b) A district court of this State has temporary emergency jurisdiction under 22
G.S. 50A-204 if the court finds a credible risk of abduction. 23
"§ 50A-416. Contents of petition. 24
A petition under this Article must be verified and include a copy of any existing child-custody 25
determination, if available. The petition must specify the risk factors for abduction, including the 26
relevant factors described in G.S. 50A-417. Subject to G.S. 50A-209(e), if reasonably 27
ascertainable, the petition must contain all of the following: 28
(1) The name, date of birth, and gender of the child. 29
(2) The customary address and current physical location of the child. 30
(3) The identity, customary address, and current physical location of the 31
respondent. 32
(4) A statement of whether a prior action to prevent abduction or domestic 33
violence has been filed by a party or other individual or entity having custody 34
of the child and the date, location, and disposition of the action. 35
(5) A statement of whether a party to the proceeding has been arrested for a crime 36
related to domestic violence, stalking, or child abuse or neglect and the date, 37
location, and disposition of the case. 38
(6) Any other information required to be submitted to the court for a child-custody 39
determination under G.S. 50-13.1(a1) or G.S. 50A-209. 40
"§ 50A-417. Factors to deter