Maryland Child Abduction Prevention Act (Effective October 1, 2023)
On May 16, 2023, the Governor of Maryland approved the enactment of the Maryland Child Abduction Prevention Act. The Act is consistent with the Uniform Child Abduction Prevention Act (“UCAPA”), which has been adopted in its entirety or with modest amendments in fifteen states, including two surrounding jurisdictions (the District of Columbia and Pennsylvania). The Act will take effect in Maryland on October 1, 2023. It will appear in the Maryland Annotated Code, Family Law Article, Title 9.7 (new).
Maryland’s UCAPA addresses important facets of assessing and preventing the risk of international and domestic child abductions. Abduction is defined as the wrongful removal or wrongful retention of a child. The Act establishes a comprehensive framework to impose abduction prevention measures at any time before or after a child custody determination if the court finds a credible risk of child abduction.
Child abduction prevention has been an important topic, particularly with the increasingly transient nature of families. Many family law practitioners routinely advise their clients about the risk of child abduction and the preventive measures custodians can take. Separating families often memorialize preventative measures in their written settlement agreements. Maryland’s UCAPA allows judges to be proactive rather than reactive by providing a mechanism for swift court intervention to minimize the risk of child abduction.
Maryland’s UCAPA provides helpful guidance on how and what to address largely non-routine issues. Attorneys and litigants will have guidance on what the court will consider so that evidence can be streamlined and presented in a useful way. Judges will review objective facts and apply the risk factor guidance (based on years of research) set forth in UCAPA. The Act’s factors-based analysis is fair in its approach to both foreign and non-foreign parties. Courts will retain discretion in what remedies to impose depending on the facts of the case.
Importantly, Maryland’s UCAPA addresses both domestic and international child abductions. The Act permits a Maryland court to address a petition if it has custody jurisdiction or, if there is no custody jurisdiction in Maryland, under the temporary, emergency jurisdiction provision codified in the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”).
Bringing awareness to the risk of child abduction and available remedies is essential in preventing child abductions. Adopting the Maryland Child Abduction Prevention Act will bring desired clarity to the court process and to litigants with genuine concerns about international and domestic child abduction.
To schedule a consultation or learn more about your interstate or international custody matter, call our office at 240-396-4373 or click here to contact us.
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Blog Author, Leah Ramirez, who handles international and interstate family law matters, submitted letters in support of the passage of UCAPA in Maryland during the legislative process.
The link to the legislation can be found here: https://mgaleg.maryland.gov/mgawebsite/legislation/details/hb0267?ys=2023rs
