In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
Abandoning employment;
Selling a primary residence;
Terminating a lease;
Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents or conducting any unusual financial activities;
Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or
Seeking to obtain the child's birth certificate or school or medical records;
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;
Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:
The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;
Is noncompliant according to the most recent compliance report issued by the United States Department of State; or
Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;
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;
Has laws or practices that would:
Enable the respondent, without due cause, to prevent the petitioner from contacting the child;
Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status or religion; or
Restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality or religion;
Is included by the United States Department of State on a current list of state sponsors of terrorism;
Does not have an official United States diplomatic presence in the country; or
Is engaged in active military action or war, including a civil war, to which the child may be exposed;
In the hearing on a petition under this chapter, 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.
Structure Mississippi Code
Chapter 29 - Uniform Child Abduction Prevention Act
§ 93-29-5. Cooperation and communication among courts
§ 93-29-7. Actions for abduction prevention measures
§ 93-29-11. Contents of petition
§ 93-29-13. Factors to determine risk of abduction
§ 93-29-15. Provisions and measures to prevent abduction
§ 93-29-17. Warrant to take physical custody of child
§ 93-29-19. Duration of abduction prevention order
§ 93-29-21. Uniformity of application and construction
§ 93-29-23. Relation to Electronic Signatures in Global and National Commerce Act