Title 22 — Foreign Relations and IntercourseRelease 119-73
§9004 Provisional remedies
Title 22 › Chapter CHAPTER 97— - INTERNATIONAL CHILD ABDUCTION REMEDIES › § 9004
Summary
Courts that handle these cases can use federal or state law to protect a child's safety or to stop the child from being taken away or hidden while the case is still pending. A court cannot order a child removed from the person who currently has the child unless the state's legal steps for removing a child have been met.
Full Legal Text
Title 22, §9004
Foreign Relations and Intercourse — Source: USLM XML via OLRC
(a)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 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)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 requirements of State law are satisfied.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 11604 of Title 42, The Public Health and Welfare.
Reference
Citations & Metadata
Citation
22 U.S.C. § 9004
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73