22 USC 9003 - Judicial remedies

U.S Code last checked for updates: Nov 22, 2024

§ 9003.

Judicial remedies

(a)

Jurisdiction of courts

(b)

Petitions

(c)

Notice

(d)

Determination of case

(e)

Burdens of proof

(1)

A petitioner in an action brought under subsection (b) shall establish by a preponderance of the evidence—

(A)

in the case of an action for the return of a child, that the child has been wrongfully removed or retained within the meaning of the Convention; and

(B)

in the case of an action for arrangements for organizing or securing the effective exercise of rights of access, that the petitioner has such rights.

(2)

In the case of an action for the return of a child, a respondent who opposes the return of the child has the burden of establishing—

(A)

by clear and convincing evidence that one of the exceptions set forth in article 13b or 20 of the Convention applies; and

(B)

by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the Convention applies.

(f)

Application of Convention

For purposes of any action brought under this chapter—

(1)

the term “authorities”, as used in article 15 of the Convention to refer to the authorities of the state of the habitual residence of a child, includes courts and appropriate government agencies;

(2)

the terms “wrongful removal or retention” and “wrongfully removed or retained”, as used in the Convention, include a removal or retention of a child before the entry of a custody order regarding that child; and

(3)

the term “commencement of proceedings”, as used in article 12 of the Convention, means, with respect to the return of a child located in the United States, the filing of a petition in accordance with subsection (b) of this section.

(g)

Full faith and credit

(h)

Remedies under Convention not exclusive

(Pub. L. 100–300, § 4, Apr. 29, 1988, 102 Stat. 438.)

cite as: 22 USC 9003