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22 U.S.C. § 9003 — Judicial remedies
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
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Stable record: federal_law:legal_authorities:record_usc_27557002ca6835901de104e5
Source file: Laws/federal/codes/united-states-code/title-22/section-9003-judicial-remedies--df5c34ddc3.md
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Source location: Title 22, Chapter 97, § 9003; chapter-097-international-child-abduction-remedies.md
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**(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 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** Full faith and credit shall be accorded by the courts of the States and the courts of the United States to the judgment of any other such court ordering or denying the return of a child, pursuant to the Convention, in an action brought under this chapter.
**(h) Remedies under Convention not exclusive** The remedies established by the Convention and this chapter shall be in addition to remedies available under other laws or international agreements.
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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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Federal law — U.S. Code and appendices · legal_authorities
With respect to any application to the United States Central Authority, or any petition to a court under [section 9003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003&num=0&edition=prelim), which seeks relief under the Convention, or any other documents or information included with such application or petition or provided after such submission which relates to the application or petition, as the case may be, no authentication of such application, petition, document, or information shall be required in order for the application, petition, document, or information to be admissible in court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative costs** No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention.
**(b) Costs incurred in civil actions**
(1) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3).
(2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under [section 9003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003&num=0&edition=prelim) shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.
(3) Any court ordering the return of a child pursuant to an action brought under [section 9003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003&num=0&edition=prelim) shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2177
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 9005
Stat. 437, which is classified principally to this chapter.
For complete classification of this Act to the Code, see
Short Title note under section 9001 of this title and Ta-
bles.
CODIFICATION
Section was formerly classified to section 11602 of
Title 42, The Public Health and Welfare.
§ 9003. Judicial remedies
(a) Jurisdiction of courts
The courts of the States and the United States
district courts shall have concurrent original ju-
risdiction of actions arising under the Conven-
tion.
(b) Petitions
Any person seeking to initiate judicial pro-
ceedings under the Convention for the return of
a child or for arrangements for organizing or se-
curing the effective exercise of rights of access
to a child may do so by commencing a civil ac-
tion by filing a petition for the relief sought in
any court which has jurisdiction of such action
and which is authorized to exercise its jurisdic-
tion 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 appli-
cable 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 accord-
ance 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 re-
moved or retained within the meaning of the
Convention; and
(B) in the case of an action for arrangements
for organizing or securing the effective exer-
cise of rights of access, that the
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 9003
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