Title 22 — Foreign Relations and IntercourseRelease 119-73not60
§9004 Provisional Remedies
Title 22 › Chapter 97— INTERNATIONAL CHILD ABDUCTION REMEDIES › § 9004
Summary
Courts handling cases under section 9003(b) may use federal or state law to protect a child or to stop someone from removing or hiding the child before the case is finally decided. But a court cannot order the child taken from the person who has physical control of the child unless the required state-law steps are met first.
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 5, 2026
Release point: 119-73not60