When The Kidnapper Is Also The Parent
Concern about international kidnapping has prompted the Michigan Legislature to amend the parenting time provisions of the Child Custody Act (specifically MCL 722.27a). The new law requires any parenting time orders to contain this provision: Except as provided in this subsection, a parenting time order shall contain a prohibition on exercising parenting time in a country that is not a party to the Hague convention on the civil aspects of international child abduction. This subsection does not apply if both parents provide the court with written consent to allow a parent to exercise parenting time in a country that is not a party to the Hague convention on the civil aspects of international child abduction. The new law was enacted on January 9, 2013 and became effective immediately.
The Michigan Senate recently approved legislation that may have a large impact on family law issues within the state and even around the world. The legislation focuses on child custody issues and would prevent a parent involved in a custody dispute from removing the child to a country outside of the jurisdiction of the Hague Convention.