2010 Maryland Code
FAMILY LAW
TITLE 9 - CHILD CUSTODY AND VISITATION
Subtitle 3 - Removal of Child From State; Child Abduction
Section 9-306 - Clear and present danger to child.
§ 9-306. Clear and present danger to child.
(a) Petition.- 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.
(b) Defense.- 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.
[An. Code 1957, art. 27, § 2A; 1984, ch. 296, § 2.]
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