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9-13-407. Ex parte relief.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-407. Ex parte relief.
(a) A court shall immediately conduct an ex parte hearing if a petitioner:
(1) Alleges that:
(A) An emergency exists; and
(B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6); and
(2) Requests an ex parte hearing on the issue seeking temporary and immediate relief.
(b) At an ex parte hearing under this section, a court may grant the temporary relief necessary to prevent the child from becoming a victim of international child abduction until a full hearing on the matter can be held if the petitioner presents credible evidence that supports his or her allegation that his or her child is in imminent danger of becoming a victim of international child abduction.
(c) A temporary order issued under this section shall not be effective for more than ninety (90) days.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-407
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:9-13-407
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 17eef01a7fe6d2ca110ff0b8c02e5434c427262bf9387959c4c5eb382408fa2d
Source location: content.xml paragraph 7717
Stored source content
9-13-407. Ex parte relief.
(a) A court shall immediately conduct an ex parte hearing if a petitioner:
(1) Alleges that:
(A) An emergency exists; and
(B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6); and
(2) Requests an ex parte hearing on the issue seeking temporary and immediate relief.
(b) At an ex parte hearing under this section, a court may grant the temporary relief necessary to prevent the child from becoming a victim of international child abduction until a full hearing on the matter can be held if the petitioner presents credible evidence that supports his or her allegation that his or her child is in imminent danger of becoming a victim of international child abduction.
(c) A temporary order issued under this section shall not be effective for more than ninety (90) days.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-402. Definitions.
As used in this subchapter:
(1) “Child” means a minor under eighteen (18) years of age who is the subject of a custody or visitation:
(A) Matter currently pending before a court; or
(B) Order that has been issued by a court;
(2) “Court” means any circuit court of competent jurisdiction;
(3) “Custodian” means the custodial parent, legal guardian, or lawful custodian of the child as determined by a court of competent jurisdiction in the State of Arkansas;
(4) “Dual nationality” means the simultaneous possession of citizenship in two (2) countries;
(5)(A) “Human rights” means the basic principles that recognize each child's freedom and right to be protected from abuse and neglect.
(B) “Human rights” includes the protection of children from:
(i) Abuse and neglect;
(ii) Arranged marriages;
(iii) Child labor;
(iv) Genital mutilation;
(v) Sexual exploitation;
(vi) Slavery;
(vii) Torture and the deprivation of liberty; and
(viii) Armed conflicts.
(C) “Human rights” includes the right of children to:
(i) Survive and develop;
(ii) A name from birth;
(iii) Be granted a nationality;
(iv) Freedom of expression;
(v) Freedom of thought, conscience, and religion; and
(vi) A free and compulsory education;
(6) “International child abduction” means the act of taking away, enticing away, withholding, keeping, or concealing a child from his or her parent or custodian by removing the child from the United States;
(7) “Parent” means the biological or adoptive parent of a child;
(8) “Registration” means the official act of notification or documentation of the birth, name, or lineage of an individual; and
(9) “Security professional” means:
(A) A bodyguard;
(B) An off-duty certified law enforcement officer;
(C) A
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-402
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 9-13-402. This identifies an authority to review, not proof of applicability.