Title 22, Foreign Relations and IntercourseRelease 119-110

§9004 Provisional Remedies

Title 22 › CHAPTER 97 — INTERNATIONAL CHILD ABDUCTION REMEDIES › § 9004

Last updated Sep 22, 2026|Official source

Summary

Courts handling cases under section 9003(b) may use Federal or State law to protect a child or to stop the child from being taken or hidden before the case ends. A court may not order a child removed from a person who has physical control of the child unless the applicable State law requirements are met.

Full Legal Text

Title 22, §9004

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Authority of courts
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)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 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

Sep 22, 2026

Release point: 119-110