Wyoming: Parental Kidnapping

There are a number of things that an abduction prevention order can do, including:

• prohibiting the other parent from removing your child from school or from day care;
• prohibiting the other parent from approaching your child anywhere other than at a supervised visitation location;
• setting up travel restrictions that require the other parent to give you a travel itinerary, list of addresses and phone numbers to where your child will be staying, and copies of all travel documents, such as airline tickets;
• prohibiting the other parent from removing your child from the state or the country without first getting permission from the court or your written consent;
• requiring the other parent to register the abduction prevention order in another state before taking your child into that state;
• requiring the other parent to give your child’s passport to your attorney or the judge;
• prohibiting the other parent from applying for a new or replacement passport for your child;
• requiring you to put your child’s name into the State Department’s Passport Issuance Alert Program;
• at your request, requiring the other parent to get a custody order from a foreign country where your child might be taken to that has identical terms to the American order;
• limiting the other parent’s visitation or requiring that it be supervised until the judge thinks that there is no longer a threat of kidnapping; or
• creating any other restriction or requirement that the judge thinks will help decrease the risk of kidnapping.¹

Note: Remember that an abduction prevention order does not guarantee your child’s safety and should be used together with other safety measures. For help in creating a safety plan, you may want to talk to an advocate at a local domestic violence organization. Please see WY Advocates and Shelters to find one in your area.

¹ Wyo. Stat. § 20-8-108(c)

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.¹ When deciding whether this risk exists, the judge will hold a hearing where both parents can present evidence. At the hearing, 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 a custody order;
• does not have strong ties to Wyoming or to the United States;
• does have 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 even after your child becomes an adult; 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 in a way that would damage his/her ability to stay in the United States legally;
• has had an application for United States citizenship denied;
• has 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.²

Note: During your hearing, the other parent is allowed to present evidence that s/he acted in good faith in order to prevent harm to himself/herself or to your child. The judge will also consider any other evidence that s/he considers to be relevant.³

¹ Wyo. Stat. § 20-8-108(b)
² Wyo. Stat. § 20-8-107(a)
³ Wyo. Stat. § 20-8-107(b)