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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43, § 43-571-107: Credible risk of abduction - Factors

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Where this section sits in the code
  1. OK Code
  2. Title 43

A. In determining whether there is a credible risk of abduction

of a child, the court shall consider any evidence that the

petitioner or respondent:

1. Has previously abducted or attempted to abduct the child;

2. Has threatened to abduct the child;

3. Has recently engaged in activities that may indicate a

planned abduction, including, but not limited to:

a. abandoning employment,

b. selling a primary residence,

c. terminating a lease,

d. closing bank or other financial management accounts,

liquidating assets, hiding or destroying financial

documents, or conducting any unusual financial

activities,

e. applying for a passport or visa or obtaining travel

documents for the respondent, a family member, or the

child, or

f. seeking to obtain the child's birth certificate or

school or medical records;

4. Has engaged in domestic violence, stalking, or child abuse

or neglect;

5. Has refused to follow a child custody determination;

6. Lacks strong familial, financial, emotional, or cultural

ties to the state or the United States;

7. Has strong familial, financial, emotional, or cultural ties

to another state or country;

8. Is likely to take the child to a country that:

a. is not a party to the Hague Convention on the Civil

Aspects of International Child Abduction and does not

provide for the extradition of an abducting parent or

for the return of an abducted child,

b. is a party to the Hague Convention on the Civil

Aspects of International Child Abduction but:

(1) the Hague Convention on the Civil Aspects of

International Child Abduction is not in force

between the United States and that country,

(2) is noncompliant according to the most recent

compliance report issued by the United States

Department of State, or

(3) lacks legal mechanisms for immediately and

effectively enforcing a return order under the

Hague Convention on the Civil Aspects of

International Child Abduction,

c. poses a risk that the child's physical or emotional

health or safety would be endangered in the country

because of specific circumstances relating to the

child or because of human rights violations committed

against children,

d. has laws or practices that would:

(1) enable the respondent, without due cause, to

prevent the petitioner from contacting the child,

(2) restrict the petitioner from freely traveling to

or exiting from the country because of the

petitioner's gender, nationality, marital status,

or religion, or

(3) restrict the child's ability to legally leave the

country after the child reaches the age of

majority because of a child's gender,

nationality, or religion,

e. is included by the United States Department of State

on a current list of state sponsors of terrorism,

f. does not have an official United States diplomatic

presence in the country, or

g. is engaged in active military action or war, including

a civil war, to which the child may be exposed;

9. Is undergoing a change in immigration or citizenship status

that would adversely affect the respondent's ability to remain in

the United States legally;

10. Has had an application for United States citizenship

denied;

11. Has forged or presented misleading or false evidence on

government forms or supporting documents to obtain or attempt to

obtain a passport, a visa, travel documents, a Social Security card,

a driver license, or other government-issued identification card or

has made a misrepresentation to the United States government;

12. Has used multiple names to attempt to mislead or defraud;

or

13. Has engaged in any other conduct the court considers

relevant to the risk of abduction.

B. In the hearing on a petition under this act, the court shall

consider any evidence that the respondent believed in good faith

that the respondent's conduct was necessary to avoid imminent harm

ntation to the United States government;

12. Has used multiple names to attempt to mislead or defraud;

or

13. Has engaged in any other conduct the court considers

relevant to the risk of abduction.

B. In the hearing on a petition under this act, the court shall

consider any evidence that the respondent believed in good faith

that the respondent's conduct was necessary to avoid imminent harm

to the child or respondent and any other evidence that may be

relevant to whether the respondent may be permitted to remove or

retain the child.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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