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What will a judge consider when deciding whether to grant me an abduction prevention order?
A judge will grant an abduction prevention order when s/he thinks that there is a credible risk that the other parent will kidnap your child. When deciding whether this risk exists, the judge must consider any evidence of whether the other parent:
- kidnapped, tried to kidnap, or threatened to kidnap the child before;
- started doing things that seem as though s/he is preparing to kidnap the child, such as quitting his/her job, selling his/her house, applying for a passport or visa, trying to get your child’s birth certificate, etc.;
- committed domestic violence, stalking, child abuse, or child neglect;
- violated any custody order;
- does not have strong ties to Kansas or to the United States;
- has strong ties to another state or country;
- is likely to take your child to a country that is not part of the Hague Convention or that is part of the Convention but is noncompliant or does not have the ability to immediately or effectively issue an order returning the child;
- is likely to take your child to a country whose laws will make it easy for the other parent to:
- cut off contact between you and your child;
- restrict you from going to see your child;
- prohibit your child from leaving; or
- endanger your child’s physical or emotional health based on human rights violations committed there;
- is likely to take your child to a country that is considered a sponsor of terrorism, does not have an official United States diplomatic presence, or is involved in a war, including civil conflicts;
- is currently changing his/her immigration or citizenship status that would hurt the other parent’s ability to stay in the United States legally;
- had an application for United States citizenship denied;
- lied on documents, in applications, or to United States officials in an attempt to get a passport, visa, or other government-issued identification cards;
- has used more than one name to try and mislead officials; or
- did anything else that the judge thinks is risky behavior.1
1 Kan. Stat. § 23-3807
