22 U.S.C. § 9003 — Judicial 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 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