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22 U.S.C. § 9001 — Findings and declarations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions.
**(b) Declarations** The Congress makes the following declarations:
(1) It is the purpose of this chapter to establish procedures for the implementation of the Convention in the United States.
(2) The provisions of this chapter are in addition to and not in lieu of the provisions of the Convention.
(3) In enacting this chapter the Congress recognizes—
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the Convention.
(4) The Convention and this chapter empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.
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Stable record: federal_law:legal_authorities:record_usc_1e12fc9aad832adf1ee288ca
Source file: Laws/federal/codes/united-states-code/title-22/section-9001-findings-and-declarations--b811cf9c7d.md
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Source location: Title 22, Chapter 97, § 9001; chapter-097-international-child-abduction-remedies.md
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**(a) Findings** The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions.
**(b) Declarations** The Congress makes the following declarations:
(1) It is the purpose of this chapter to establish procedures for the implementation of the Convention in the United States.
(2) The provisions of this chapter are in addition to and not in lieu of the provisions of the Convention.
(3) In enacting this chapter the Congress recognizes—
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the Convention.
(4) The Convention and this chapter empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** The President shall designate a Federal agency to serve as the Central Authority for the United States under the Convention.
**(b) Functions** The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this chapter.
**(c) Regulatory authority** The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this chapter.
**(d) Obtaining information from Parent Locator Service** The United States Central Authority may, to the extent authorized by the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.], obtain information from the Parent Locator Service.
**(e) Grant authority** The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this chapter.
**(f) Limited liability of private entities acting under the direction of the United States Central Authority**
(1) **Limitation on liability** — Except as provided in paragraphs (2) and (3), a private entity or organization that receives a grant from or enters into a contract or agreement with the United States Central Authority under subsection (e) of this section for purposes of assisting the United States Central Authority in carrying out its responsibilities and functions under the Convention and this chapter, including any director, officer, employee, or agent of such entity or organization, shall not be liable
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9006
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements with States for use of Federal Parent Locator Service** The Secretary shall enter into an agreement with every State under which the services of the Federal Parent Locator Service established under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim) shall be made available to each State for the purpose of determining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of—
(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or
(2) making or enforcing a child custody or visitation determination.
**(b) Requests from authorized persons for information** An agreement entered into under subsection (a) shall provide that the State agency described in [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654&num=0&edition=prelim) will, under procedures prescribed by the Secretary in regulations, receive and transmit to the Secretary requests from authorized persons for information as to (or useful in determining) the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of—
(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or
(2) making or enforcing a child custody or visitation determination.
**(c) Information which may be disclosed** Information authorized to be provided by the Secretary under subsection (a), (b), (e), or (f) shall be subject to the same conditions with respect to disclosure as information authorized to be provided under [section 653 of this title](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 663
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) the term “applicant” means any person who, pursuant to the Convention, files an application with the United States Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been wrongfully removed or retained or for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;
(2) the term “Convention” means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term “Parent Locator Service” means the service established by the Secretary of Health and Human Services under [section 653 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim);
(4) the term “petitioner” means any person who, in accordance with this chapter, files a petition in court seeking relief under the Convention;
(5) the term “person” includes any individual, institution, or other legal entity or body;
(6) the term “respondent” means any person against whose interests a petition is filed in court, in accordance with this chapter, which seeks relief under the Convention;
(7) the term “rights of access” means visitation rights;
(8) the term “State” means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(9) the term “United States Central Authority” means the agency of the Federal Government designated by the President under [section 9006(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9006/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction of courts** The courts of the States and the United States district courts shall have concurrent original jurisdiction of actions arising under the Convention.
**(b) Petitions** Any person seeking to initiate judicial proceedings under the Convention for the return of a child or for arrangements for organizing or securing the effective exercise of rights of access to a child may do so by commencing a civil action by filing a petition for the relief sought in any court which has jurisdiction of such action and which is authorized to exercise its jurisdiction in the place where the child is located at the time the petition is filed.
**(c) Notice** Notice of an action brought under subsection (b) shall be given in accordance with the applicable law governing notice in interstate child custody proceedings.
**(d) Determination of case** The court in which an action is brought under subsection (b) shall decide the case in accordance with the Convention.
**(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 o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In performing its functions under the Convention, the United States Central Authority may, under such conditions as the Central Authority prescribes by regulation, but subject to subsection (c), receive from or transmit to any department, agency, or instrumentality of the Federal Government or of any State or foreign government, and receive from or transmit to any applicant, petitioner, or respondent, information necessary to locate a child or for the purpose of otherwise implementing the Convention with respect to a child, except that the United States Central Authority—
(1) may receive such information from a Federal or State department, agency, or instrumentality only pursuant to applicable Federal and State statutes; and
(2) may transmit any information received under this subsection notwithstanding any provision of law other than this chapter.
**(b) Requests for information** Requests for information under this section shall be submitted in such manner and form as the United States Central Authority may prescribe by regulation and shall be accompanied or supported by such documents as the United States Central Authority may require.
**(c) Responsibility of government entities** Whenever any department, agency, or instrumentality of the United States or of any State receives a request from the United States Central Authority for information authorized to be provided to such Central Authority under subsection (a), the head of such department, agency, or instrumentality shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality in order to determine whether the information requested is contained in any such files or records. If such search discloses the information requested, the h
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9008
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of the Convention and this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9011
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 11601, Pub. L. 100–300, § 2, Apr. 29, 1988, 102 Stat. 437, which provided findings and declarations related to the International Child Abduction Remedies Act, was transferred to [section 9001 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9001&num=0&edition=prelim), Foreign Relations and Intercourse.
Section 11602, Pub. L. 100–300, § 3, Apr. 29, 1988, 102 Stat. 437, which provided definitions, was transferred to [section 9002 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9002&num=0&edition=prelim).
Section 11603, Pub. L. 100–300, § 4, Apr. 29, 1988, 102 Stat. 438, which related to judicial remedies, was transferred to [section 9003 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003&num=0&edition=prelim).
Section 11604, Pub. L. 100–300, § 5, Apr. 29, 1988, 102 Stat. 439, which related to provisional remedies, was transferred to [section 9004 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9004&num=0&edition=prelim).
Section 11605, Pub. L. 100–300, § 6, Apr. 29, 1988, 102 Stat. 439, which related to admissibility of documents, was transferred to [section 9005 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9005&num=0&edition=prelim).
Section 11606, Pub. L. 100–300, § 7, Apr. 29, 1988, 102 Stat. 439; Pub. L. 105–277, div. G, title XXII, § 2213, Oct. 21, 1998, 112 Stat. 2681–812; Pub. L. 108–370, § 2, Oct. 25, 2004, 118 Stat. 1750, which related to the United States Central Authority, was transferred to [section 9006 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9006&num=0&e
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11601 to 11610
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Federal law — U.S. Code and appendices · legal_authorities
Page 2176
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 9001
under section 8921 of this title. Pub. L. 113–272 did not
make any amendments.
CHAPTER 97—INTERNATIONAL CHILD
ABDUCTION REMEDIES
Sec.
9001.
Findings and declarations.
9002.
Definitions.
9003.
Judicial remedies.
9004.
Provisional remedies.
9005.
Admissibility of documents.
9006.
United States Central Authority.
9007.
Costs and fees.
9008.
Collection, maintenance, and dissemination
of information.
9009.
Office of Children’s Issues.
9010.
Interagency coordinating group.
9011.
Authorization of appropriations.
§ 9001. Findings and declarations
(a) Findings
The Congress makes the following findings:
(1) The international abduction or wrongful
retention of children is harmful to their well-
being.
(2) Persons should not be permitted to ob-
tain custody of children by virtue of their
wrongful removal or retention.
(3) International abductions and retentions
of children are increasing, and only concerted
cooperation pursuant to an international
agreement can effectively combat this prob-
lem.
(4) The Convention on the Civil Aspects of
International Child Abduction, done at The
Hague on October 25, 1980, establishes legal
rights and procedures for the prompt return of
children who have been wrongfully removed or
retained, as well as for securing the exercise of
visitation rights. Children who are wrongfully
removed or retained within the meaning of the
Convention are to be promptly returned unless
one of the narrow exceptions set forth in the
Convention applies. The Convention provides a
sound treaty framework to help resolve the
problem of international abduction and reten-
tion of children and will deter such wrongful
removals and retentions.
(b) Declarations
The Con
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 9001
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.