22 U.S.C. § 9007: Costs and fees

Summary

No federal, state, or local agency can charge an applicant a fee to process applications under the Convention. People who bring court petitions may have to pay their own lawyer, court fees, and travel costs for returning the child and anyone who goes with them, but there are limits. For cases under section 9003, petitioners must pay legal and court costs unless those costs are paid by federal, state, or local legal aid programs. If a court orders the child returned in a section 9003 case, the court must usually make the other party pay reasonable expenses the petitioner had, like court costs, lawyer fees, foster or other care during the case, and travel to return the child, unless the other party shows that making them pay would be clearly inappropriate.

Title 22, §9007

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(a)Administrative costs

No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention.

(b)Costs incurred in civil actions

(1)Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3).

(2)Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 9003 of this title shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.

(3)Any court ordering the return of a child pursuant to an action brought under section 9003 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.

Editorial Notes

Codification Section was formerly classified to section 11607 of Title 42, The Public Health and Welfare.

§9007 Costs and Fees

Summary

Title 22, §9007

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata