{"data":{"id":"us-dc/d.c.-code-16-4604.08","jurisdiction":"us-dc","citation":"D.C. Code § 16-4604.08","heading":"Provisions and measures to prevent abduction.","body":"(a)\nIf a petition is filed under this subchapter, the court may enter an order that shall include:\n(1)\nThe basis for the court’s exercise of jurisdiction;\n(2)\nThe manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;\n(3)\nA detailed description of each party’s custody and visitation rights and residential arrangements for the child;\n(4)\nA provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and\n(5)\nIdentification of the child’s country of habitual residence at the time of the issuance of the order.\n\n(b)\nIf, at a hearing on a petition under this subchapter or on the court’s own motion, the court after reviewing the evidence finds a credible risk of abduction of the child by a preponderance of the evidence, the court shall enter an abduction prevention order. The order shall include the provisions required by subsection (a) of this section and measures and conditions, including those in subsections (c), (d), and (e) of this section, that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider:\n(1)\nThe age of the child;\n(2)\nThe potential harm to the child from an abduction;\n(3)\nThe legal and practical difficulties of returning the child to the jurisdiction if abducted; and\n(4)\nThe reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.\n\n(c)\nAn abduction prevention order may include one or more of the following:\n(1)\nAn imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:\n(A)\nThe travel itinerary of the child;\n(B)\nA list of physical addresses and telephone numbers at which the child can be reached at specified times; and\n(C)\nCopies of all travel documents;\n(2)\nA prohibition of the respondent directly or indirectly:\n(A)\nRemoving the child from this state, the United States, or another geographic area without permission of the court or the petitioner’s written consent;\n(B)\nRemoving or retaining the child in violation of a child-custody determination;\n(C)\nRemoving the child from school or a child-care or similar facility; or\n(D)\nApproaching the child at any location other than a site designated for supervised visitation;\n(3)\nA requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;\n(4)\nWith regard to the child’s passport:\n(A)\nA direction that the petitioner place the child’s name in the United States Department of State’s Child Passport Issuance Alert Program;\n(B)\nA requirement that the respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and\n(C)\nA prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;\n(5)\nAs a prerequisite to exercising custody or visitation, a requirement that the respondent provide:\n(A)\nTo the United States Department of State Office of Children’s Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;\n(B)\nTo the court:\n(i)\nProof that the respondent has provided the information in subparagraph (A) of this paragraph; and\n(ii)\nAn acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;\n(C)\nTo the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and\n(D)\nA written waiver under 5 U.S.C. § 552a with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and\n(6)\nUpon the petitioner’s request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.\n\n(d)\nIn an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:\n(1)\nLimit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;\n(2)\nRequire the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorneys fees and costs if there is an abduction; and\n(3)\nRequire the respondent to obtain education on the potentially harmful effects to the child from abduction.\n\n(e)\nTo prevent imminent abduction of a child, a court may:\n(1)\nIssue a warrant to take physical custody of the child under § 16-4604.09 or the law of this state other than this subchapter;\n(2)\nDirect the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this subchapter or the law of this state other than this subchapter; or\n(3)\nGrant any other relief allowed under the law of this state other than this subchapter.\n\n(f)\nThe remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to prevent abduction.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 46. Uniform Child-Custody Jurisdiction and Enforcement.","Subchapter IV. Child Abduction Prevention."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-4604.08","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"f1a8f71bc98eca82b359beeb0c5e7cb31fc0ba297ff0b399bc917c461fea6acf","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-4604.07","next":"us-dc/d.c.-code-16-4604.09"},"notice":"GroundRules: Original legal text. Not legal advice."}