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Legal Statutes: Maryland

UPDATED April 19, 2017

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Subtitle 3. Removal of Child from State; Child Abduction

back to top§ 9-306. Clear and present danger to child

Petition

(a) If an individual violates the provisions of § 9-304 or § 9-305 of this subtitle, the individual may file in an equity court a petition that:

(1) states that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and
(2) seeks to revise, amend, or clarify the custody order.

Defense

(b) If a petition is filed as provided in subsection (a) of this section within 96 hours of the act, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to any action brought for a violation of § 9-304 or § 9-305 of this subtitle.




Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984.