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22 U.S.C. § 9007 — Costs and fees

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

22 U.S.C. § 9007 — Costs and fees

**(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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Source file: Laws/federal/codes/united-states-code/title-22/section-9007-costs-and-fees--097019bffd.md
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Source location: Title 22, Chapter 97, § 9007; chapter-097-international-child-abduction-remedies.md

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

22 U.S.C. § 9003 — Judicial remedies

**(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

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

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

22 U.S.C. § 9007 — Costs and fees

Page 2179 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9008 Child Abduction. The Secretary of State is hereby au- thorized and empowered, in accordance with such regu- lations as he may prescribe, to perform all lawful acts that may be necessary and proper in order to execute the functions of the Central Authority in a timely and efficient manner. RONALD REAGAN. § 9007. Costs and fees (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 in- curred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as pro- vided 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 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 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. (Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.) Editorial Notes CODIFICATION Sec

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