22 U.S.C. § 9003: Judicial remedies

Summary

State and U.S. district courts can both hear cases under the Convention. Anyone asking a court to return a child or to arrange access can start a civil case by filing a petition in a court that can act where the child is located when filed. People must give notice using the rules for interstate child custody cases. The court must decide the case using the Convention’s rules. The person who files must prove, by a preponderance of the evidence (more likely than not), that the child was wrongfully removed or kept for return cases, or that they have access rights for access cases. A person opposing return must prove by clear and convincing evidence that article 13b or 20 applies, and by a preponderance that article 12 or 13 applies. For these cases, “authorities” includes courts and government agencies, “wrongful removal or retention” can include taking a child before any custody order, and “commencement of proceedings” for a child in the U.S. means filing the petition. Courts must give full faith and credit to other courts’ Convention return decisions, and these remedies are in addition to other legal or international options.

Title 22, §9003

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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 (f) Application of Convention

(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 of the Convention applies.

(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, pursuant 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.

Notes & Related Subsidiaries

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.

§9003 Judicial Remedies