{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-571-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-571-107","heading":"Credible risk of abduction - Factors","body":"A. In determining whether there is a credible risk of abduction\n\nof a child, the court shall consider any evidence that the\n\npetitioner or respondent:\n\n1. Has previously abducted or attempted to abduct the child;\n\n2. Has threatened to abduct the child;\n\n3. Has recently engaged in activities that may indicate a\n\nplanned abduction, including, but not limited to:\n\na. abandoning employment,\n\nb. selling a primary residence,\n\nc. terminating a lease,\n\nd. closing bank or other financial management accounts,\n\nliquidating assets, hiding or destroying financial\n\ndocuments, or conducting any unusual financial\n\nactivities,\n\ne. applying for a passport or visa or obtaining travel\n\ndocuments for the respondent, a family member, or the\n\nchild, or\n\nf. seeking to obtain the child's birth certificate or\n\nschool or medical records;\n\n4. Has engaged in domestic violence, stalking, or child abuse\n\nor neglect;\n\n5. Has refused to follow a child custody determination;\n\n6. Lacks strong familial, financial, emotional, or cultural\n\nties to the state or the United States;\n\n7. Has strong familial, financial, emotional, or cultural ties\n\nto another state or country;\n\n8. Is likely to take the child to a country that:\n\na. is not a party to the Hague Convention on the Civil\n\nAspects of International Child Abduction and does not\n\nprovide for the extradition of an abducting parent or\n\nfor the return of an abducted child,\n\nb. is a party to the Hague Convention on the Civil\n\nAspects of International Child Abduction but:\n\n(1) the Hague Convention on the Civil Aspects of\n\nInternational Child Abduction is not in force\n\nbetween the United States and that country,\n\n(2) is noncompliant according to the most recent\n\ncompliance report issued by the United States\n\nDepartment of State, or\n\n(3) lacks legal mechanisms for immediately and\n\neffectively enforcing a return order under the\n\nHague Convention on the Civil Aspects of\n\nInternational Child Abduction,\n\nc. poses a risk that the child's physical or emotional\n\nhealth or safety would be endangered in the country\n\nbecause of specific circumstances relating to the\n\nchild or because of human rights violations committed\n\nagainst children,\n\nd. has laws or practices that would:\n\n(1) enable the respondent, without due cause, to\n\nprevent the petitioner from contacting the child,\n\n(2) restrict the petitioner from freely traveling to\n\nor exiting from the country because of the\n\npetitioner's gender, nationality, marital status,\n\nor religion, or\n\n(3) restrict the child's ability to legally leave the\n\ncountry after the child reaches the age of\n\nmajority because of a child's gender,\n\nnationality, or religion,\n\ne. is included by the United States Department of State\n\non a current list of state sponsors of terrorism,\n\nf. does not have an official United States diplomatic\n\npresence in the country, or\n\ng. is engaged in active military action or war, including\n\na civil war, to which the child may be exposed;\n\n9. Is undergoing a change in immigration or citizenship status\n\nthat would adversely affect the respondent's ability to remain in\n\nthe United States legally;\n\n10. Has had an application for United States citizenship\n\ndenied;\n\n11. Has forged or presented misleading or false evidence on\n\ngovernment forms or supporting documents to obtain or attempt to\n\nobtain a passport, a visa, travel documents, a Social Security card,\n\na driver license, or other government-issued identification card or\n\nhas made a misrepresentation to the United States government;\n\n12. Has used multiple names to attempt to mislead or defraud;\n\nor\n\n13. Has engaged in any other conduct the court considers\n\nrelevant to the risk of abduction.\n\nB. In the hearing on a petition under this act, the court shall\n\nconsider any evidence that the respondent believed in good faith\n\nthat the respondent's conduct was necessary to avoid imminent harm\nntation to the United States government;\n\n12. Has used multiple names to attempt to mislead or defraud;\n\nor\n\n13. Has engaged in any other conduct the court considers\n\nrelevant to the risk of abduction.\n\nB. In the hearing on a petition under this act, the court shall\n\nconsider any evidence that the respondent believed in good faith\n\nthat the respondent's conduct was necessary to avoid imminent harm\n\nto the child or respondent and any other evidence that may be\n\nrelevant to whether the respondent may be permitted to remove or\n\nretain the child.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c0d1f8d77e6beacff8fa2be7d76e35f88b6cb919d55e8785c309db705971ae52","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-571-106","next":"us-ok/okla.-stat.-tit.-43-43-571-108"},"notice":"GroundRules: Original legal text. Not legal advice."}
