Utah § 81-12-106 - Factors to determine risk of abduction.

Full text of Utah Utah Code § 81-12-106 — Factors to determine risk of abduction., with citation guidance and answers to common questions.

§ 81-12-106. Factors to determine risk of abduction.

Effective 9/1/2025
81-12-106.  Factors to determine risk of abduction.
(1)In determining whether there is a credible risk of abduction of a minor child, the court shall consider any evidence that the petitioner or respondent:
(a)has previously abducted or attempted to abduct the minor child;
(b)has threatened to abduct the minor child;
(c)has recently engaged in activities that may indicate a planned abduction, including:
(i)abandoning employment;
(ii)selling a primary residence;
(iii)terminating a lease;
(iv)closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
(v)applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the minor child; or
(vi)seeking to obtain the minor child's birth certificate or school or medical records;
(d)has engaged in domestic violence, stalking, or child abuse or neglect;
(e)has refused to follow a child custody determination;
(f)lacks strong familial, financial, emotional, or cultural ties to the state or the United States;
(g)has strong familial, financial, emotional, or cultural ties to another state or country;
(h)is likely to take the minor child to a country that:
(i)is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted minor child;
(ii)is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:
(A)the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;
(B)is noncompliant according to the most recent compliance report issued by the United States Department of State; or
(C)lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;
(iii)poses a risk that the minor child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the minor child or because of human rights violations committed against a minor child;
(iv)has laws or practices that would:
(A)enable the respondent, without due cause, to prevent the petitioner from contacting the minor child;
(B)restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or
(C)restrict the minor child's ability legally to leave the country after the minor child reaches the age of majority because of a minor child's gender, nationality, or religion;
(v)is included by the United States Department of State on a current list of state sponsors of terrorism;
(vi)does not have an official United States diplomatic presence in the country; or
(vii)is engaged in active military action or war, including a civil war, to which the minor child may be exposed;
(i)is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally;
(j)has had an application for United States citizenship denied;
(k)has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver license, or other government-issued identification card or has made a misrepresentation to the United States government;
(l)has used multiple names to attempt to mislead or defraud; or
(m)has engaged in any other conduct the court considers relevant to the risk of abduction.
(2)In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the minor child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the minor child.


Renumbered and Amended by Chapter 426, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 81-12-106

What does Utah Code § 81-12-106 cover?

Section 81-12-106 ("Factors to determine risk of abduction.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 81-12-106?

A common citation format is "Utah Code § 81-12-106" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 81-12-106 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.