A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
B. A party to a child-custody determination or another individual or entity having a right pursuant to the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the Uniform Child Abduction Prevention Act.
C. A prosecutor or public authority designated pursuant to Section 40-10A-315 NMSA 1978 may seek a warrant to take physical custody of a child pursuant to Section 9 of the Uniform Child Abduction Prevention Act or other appropriate prevention measures.
History: Laws 2013, ch. 156, § 4.
Effective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
Structure 2021 New Mexico Statutes
Article 10C - Uniform Child Abduction Prevention
Section 40-10C-1 - Short title.
Section 40-10C-2 - Definitions.
Section 40-10C-3 - Cooperation and communication among courts.
Section 40-10C-4 - Actions for abduction prevention measures.
Section 40-10C-5 - Jurisdiction.
Section 40-10C-6 - Contents of petition.
Section 40-10C-7 - Factors to determine risk of abduction.
Section 40-10C-8 - Provisions and measures to prevent abduction.
Section 40-10C-9 - Warrant to take physical custody of child.
Section 40-10C-10 - Duration of abduction prevention order.
Section 40-10C-11 - Uniformity of application and construction.
Section 40-10C-12 - Relation to Electronic Signatures in Global and National Commerce Act.