22 U.S.C. § 9002 — Definitions

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 Congress makes the following declara- tions: (1) It is the purpose of this chapter to estab- lish procedures for the implementation of the Convention in the United States. (2) The provisions of this chapter are in addi- tion to and not in lieu of the provisions of the Convention. (3) In enacting this chapter the Congress rec- ognizes— (A) the international character of the Con- vention; and (B) the need for uniform international in- terpretation of the Convention. (4) The Convention and this chapter em- power courts in the United States to deter- mine only rights under the Convention and not the merits of any underlying child custody claims. (Pub. L. 100–300, § 2, Apr. 29, 1988, 102 Stat. 437.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’ meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. CODIFICATION Section was formerly classified to section 11601 of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–370, § 1, Oct. 25, 2004, 118 Stat. 1750, pro- vided that: ‘‘This Act [amending section 9006 of this title] may be cited as the ‘Prevention of Child Abduc- tion Partnership Act’.’’ SHORT TITLE Pub. L. 100–300, § 1, Apr. 29, 1988, 102 Stat. 437, provided that: ‘‘This Act [enacting this chapter and amending section 663 of Title 42, The Public Health and Welfare] may be cited as the ‘International Child Abduction Remedies Act’.’’ § 9002. Definitions For the purposes of this chapter— (1) the term ‘‘applicant’’ means any person who, pursuant to the Convention, files an ap- plication with the United States Central Au- thority 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 Con- vention on the Civil Aspects of International Child Abduction, done at The Hague on Octo- ber 25, 1980; (3) the term ‘‘Parent Locator Service’’ means the service established by the Sec- retary of Health and Human Services under section 653 of title 42; (4) the term ‘‘petitioner’’ means any person who, in accordance with this chapter, files a petition in court seeking relief under the Con- vention; (5) the term ‘‘person’’ includes any indi- vidual, 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 visita- tion rights; (8) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (9) the term ‘‘United States Central Author- ity’’ means the agency of the Federal Govern- ment designated by the President under sec- tion 9006(a) of this title. (Pub. L. 100–300, § 3, Apr. 29, 1988, 102 Stat. 437.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ meaning Pub. L. 100–300, Apr. 29, 1988, 102 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 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 govern- ment agencies; (2) the terms ‘‘wrongful removal or reten- tion’’ 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 pro- ceedings’’, as used in article 12 of the Conven- tion, 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, pursu- ant 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. (Pub. L. 100–300, § 4, Apr. 29, 1988, 102 Stat. 438.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (f) to (h), was in the original ‘‘this Act’’ meaning Pub. L. 100–300, Apr. 29, 1988, 102 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 Tables. CODIFICATION Section was formerly classified to section 11603 of Title 42, The Public Health and Welfare. § 9004. Provisional remedies (a) Authority of courts In furtherance of the objectives of article 7(b) and other provisions of the Convention, and sub- ject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under section 9003(b) of this title 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 pre- vent 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 may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable re- quirements of State law are satisfied. (Pub. L. 100–300, § 5, Apr. 29, 1988, 102 Stat. 439.) Editorial Notes CODIFICATION Section was formerly classified to section 11604 of Title 42, The Public Health and Welfare. § 9005. Admissibility of documents With respect to any application to the United States Central Authority, or any petition to a court under section 9003 of this title, which seeks relief under the Convention, or any other