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22 U.S.C. § 9004 — Provisional remedies

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9004 — Provisional remedies

**(a) Authority of courts** In furtherance of the objectives of article 7(b) and other provisions of the Convention, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under [section 9003(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003/b&num=0&edition=prelim) may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition. **(b) Limitation on authority** No court exercising jurisdiction of an action brought under [section 9003(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003/b&num=0&edition=prelim) may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable requirements of State law are satisfied.

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Stable record: federal_law:legal_authorities:record_usc_6ed1835d98acae19766b64b0
Source file: Laws/federal/codes/united-states-code/title-22/section-9004-provisional-remedies--1618a84ffa.md
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Source location: Title 22, Chapter 97, § 9004; chapter-097-international-child-abduction-remedies.md

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**(a) Authority of courts** In furtherance of the objectives of article 7(b) and other provisions of the Convention, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under [section 9003(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003/b&num=0&edition=prelim) may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition. **(b) Limitation on authority** No court exercising jurisdiction of an action brought under [section 9003(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9003/b&num=0&edition=prelim) may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable requirements of State law are satisfied.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11601 to 11610 — Transferred

### 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

22 U.S.C. § 9004 — Provisional remedies

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. § 9004

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