§ 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.

HISTORY: An. Code 1957, art. 27, § 2A; 1984, ch. 296, § 2.