H-0085.2
HOUSE BILL 1042
State of Washington
67th Legislature
2021 Regular Session
ByRepresentatives Thai, Walen, Ortiz-Self, Lekanoff, Gregerson, Callan, Frame, Santos, and Macri
Prefiled 12/22/20.Read first time 01/11/21.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to revising the international application of the uniform child custody jurisdiction and enforcement act to protect families from facing the death penalty in certain foreign jurisdictions on the basis of religious beliefs, political beliefs, or sexual orientation; amending RCW 26.27.051; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.27.051 and 2001 c 65 s 105 are each amended to read as follows:
(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(2) Except as otherwise provided in subsection (3) or (4) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
(3) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(4) A court of this state need not apply this chapter if the law of a foreign country holds that apostasy or homosexuality are punishable by death, and a parent or child may be at demonstrable risk of being subject to such laws. For the purposes of this subsection, "apostasy" means the abandonment or renunciation of a religious or political belief.
NEW SECTION.  Sec. 2. This act applies to child custody proceedings or proceedings to enforce a child custody determination pending as of the effective date of this section, or commenced on or after the effective date of this section.
NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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