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9-13-404. Considerations of court.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-404. Considerations of court.
To determine a matter under this subchapter, the court shall consider:
(1) The best interests of the child;
(2) The right of a parent for frequent and continuing contact with his or her child;
(3) The rights of a custodian under an order from a court of competent jurisdiction in the State of Arkansas;
(4) The risk of the child's becoming a victim of international child abduction by a parent, custodian, or any person acting on the behalf of the parent or custodian, based on the court's evaluation of the risk factors described in § 9-13-405;
(5) Any obstacles to locating, recovering, or returning the child if the child is a victim of international child abduction; and
(6) The potential physical or psychological harm to the child if the child is a victim of international child abduction.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-13-404
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9b5d4cdf5f14c78f3e073a7f0eb86bd4e976ecad8eacd750c0eda09b033a0152
Source location: content.xml paragraph 7596
Stored source content
9-13-404. Considerations of court.
To determine a matter under this subchapter, the court shall consider:
(1) The best interests of the child;
(2) The right of a parent for frequent and continuing contact with his or her child;
(3) The rights of a custodian under an order from a court of competent jurisdiction in the State of Arkansas;
(4) The risk of the child's becoming a victim of international child abduction by a parent, custodian, or any person acting on the behalf of the parent or custodian, based on the court's evaluation of the risk factors described in § 9-13-405;
(5) Any obstacles to locating, recovering, or returning the child if the child is a victim of international child abduction; and
(6) The potential physical or psychological harm to the child if the child is a victim of international child abduction.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-405. Abduction risk factors.
(a) To determine if there is a risk of international child abduction, the court shall consider:
(1)(A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6).
(B) In defense of this factor, the parent or custodian may establish that he or she had a good faith belief that his or her conduct was necessary to avoid imminent harm to the child;
(2) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has threatened to commit the act of international child abduction as defined in § 9-13-402(6);
(3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has attempted to commit the act of international child abduction as defined in § 9-13-402(6);
(4) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has taken a step that constitutes an overt act toward the accomplishment of international child abduction as defined in § 9-13-402(6);
(5)(A) Whether the parent or custodian lacks a financial reason to stay in the United States.
(B) Evidence of this factor shall include, but not be limited to, evidence that the parent or custodian is:
(i) Financially independent;
(ii) Able to work outside of the United States; or
(iii) Unemployed;
(6) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has recently engaged in activities that could facilitate the removal of the child from the United States by the parent or custodian, including, but not limited to:
(A) Quitting a job;
(B) Selling a primary residence;
(C) Terminating a lease;
(D) Closing bank accounts;
(E) Liquidating other assets;
(F) Hid
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-13-405. This identifies an authority to review, not proof of applicability.