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| To enact section 3109.054 of the Revised Code to | 1 |
| require a court that becomes aware that there is a | 2 |
| risk of abduction of a child by one parent during | 3 |
| a custody or domestic relations proceeding to | 4 |
| consider certain specified factors to determine | 5 |
| whether preventative measures are necessary and to | 6 |
| permit a court to take certain actions if the | 7 |
| court determines preventative measures are | 8 |
| necessary to prevent the abduction of the child. | 9 |
| Section 1. That section 3109.054 of the Revised Code be | 10 |
| enacted to read as follows: | 11 |
| Sec. 3109.054. (A) In any divorce, legal separation, or | 12 |
| annulment proceeding and in any proceeding pertaining to the | 13 |
| allocation of parental rights and responsibilities for the care of | 14 |
| a child in which the court becomes aware of facts that may | 15 |
| indicate that there is a risk of abduction of a child by one | 16 |
| parent, the court shall, on its own motion or upon the motion of | 17 |
| either parent, determine whether measures are needed to prevent | 18 |
| the abduction of the child by one parent. To make that | 19 |
| determination, the court shall consider the following: | 20 |
| (1) The risk of abduction of the child; | 21 |
| (2) Obstacles to the location, recovery, and return of the | 22 |
| child if the child is abducted; | 23 |
| (3) Potential harm to the child if the child is abducted. | 24 |
| (B) To determine whether there is a risk of abduction under | 25 |
| division (A)(1) of this section, the court shall consider the | 26 |
| following factors: | 27 |
| (1) Whether a parent has previously taken, enticed away, | 28 |
| kept, withheld, or concealed a child in violation of the right of | 29 |
| custody or of visitation of a person; | 30 |
| (2) Whether a parent has previously threatened to take, | 31 |
| entice away, keep, withhold, or conceal a child in violation of | 32 |
| the right of custody or of visitation of a person; | 33 |
| (3) Whether a parent lacks strong ties to this country; | 34 |
| (4) Whether a parent has strong familial, emotional, or | 35 |
| cultural ties to another country, including foreign citizenship. | 36 |
| This factor shall be considered only if evidence exists in support | 37 |
| of another factor specified in division (B) of this section; | 38 |
| (5) Whether a parent has no financial reason to stay in this | 39 |
| country, including whether the parent is unemployed, is able to | 40 |
| work anywhere, or is financially independent; | 41 |
| (6) Whether a parent has engaged in planning activities that | 42 |
| would facilitate the removal of a child from this country, | 43 |
| including quitting a job, selling the parent's primary residence, | 44 |
| terminating a lease, closing a bank account, liquidating other | 45 |
| assets, hiding or destroying documents, applying for a passport, | 46 |
| applying to obtain a birth certificate or school or medical | 47 |
| records, or purchasing tickets for passenger air transportation or | 48 |
| other travel tickets, with consideration given to whether a parent | 49 |
| is carrying out a safety plan to flee from domestic violence; | 50 |
| (7) Whether a parent has a history of a lack of parental | 51 |
| cooperation or child abuse and whether there is substantiated | 52 |
| evidence that a parent has perpetrated domestic violence; | 53 |
| (8) Whether a parent has a criminal record. | 54 |
| (C) If the court makes a finding that there is a need for | 55 |
| preventative measures after considering the factors listed in | 56 |
| divisions (A) and (B) of this section, the court shall consider | 57 |
| taking one or more of the following measures to prevent the | 58 |
| abduction of the child: | 59 |
| (1) Ordering supervised visitation; | 60 |
| (2) Requiring a parent to post a bond in an amount sufficient | 61 |
| to serve as a financial deterrent to abduction, the proceeds of | 62 |
| which may be used to offset the cost of recovery of the child in | 63 |
| the event there is an abduction; | 64 |
| (3) Restricting the right of the custodial or noncustodial | 65 |
| parent to remove the child from the country; | 66 |
| (4) Requiring the surrender of passports and other travel | 67 |
| documents; | 68 |
| (5) Prohibiting a parent from applying for a new or | 69 |
| replacement passport for the child; | 70 |
| (6) Requiring a parent to notify a relevant foreign consulate | 71 |
| or embassy of passport restrictions and to provide the court with | 72 |
| proof of that notification; | 73 |
| (7) Obtaining assurances that a parent will return from | 74 |
| foreign visits by requiring the traveling parent to provide the | 75 |
| court or the other parent or guardian with any of the following: | 76 |
| (a) The travel itinerary of the child; | 77 |
| (b) Copies of round trip tickets for passenger air | 78 |
| transportation or other travel tickets; | 79 |
| (c) A list of addresses and telephone numbers where the child | 80 |
| can be reached at all times; | 81 |
| (d) An open ticket for passenger air transportation or other | 82 |
| open travel ticket for the parent that remains in the United | 83 |
| States in case the child is not returned. | 84 |
| (8) Including provisions in the order allocating the parental | 85 |
| rights and responsibilities for the care of the child to | 86 |
| facilitate the use of sections 3127.01 to 3127.53 of the Revised | 87 |
| Code and the Hague convention on the civil aspects of | 88 |
| international child abduction, such as identifying Ohio as the | 89 |
| home state of the child or otherwise defining the basis for the | 90 |
| Ohio court's exercise of jurisdiction under sections 3127.01 to | 91 |
| 3127.53 of the Revised Code, identifying the United States as the | 92 |
| country of habitual residence of the child pursuant to the Hague | 93 |
| convention, defining custody rights pursuant to the Hague | 94 |
| convention, and obtaining the express agreement of the parents | 95 |
| that the United States is the country of habitual residence of the | 96 |
| child or that Ohio or the United States is the most appropriate | 97 |
| forum for addressing custody and visitation orders; | 98 |
| (9) Authorizing the assistance of law enforcement. | 99 |
| (D) If the court imposes any or all of the conditions listed | 100 |
| in division (C) of this section, the court shall specifically note | 101 |
| those conditions on the order allocating the parental rights and | 102 |
| responsibilities for the care of the child. | 103 |
| (E) If the court determines there is a risk of abduction that | 104 |
| is sufficient to warrant the application of one or more of the | 105 |
| preventative measures authorized by division (C) of this section, | 106 |
| the court shall inform the parties of the telephone number of the | 107 |
| state highway patrol. | 108 |