§9101 Definitions

Summary

Defines the key words used in the chapter about international child abduction so people know what the rules cover. It names the kinds of cases, who is involved, what offices handle them, and the time and proof rules that matter. abducted child — a child who was taken in an international abduction. abduction — the wrongful removal or wrongful keeping of a child outside their usual country, in violation of a left-behind parent’s custody rights, including military parents. abduction case — a case reported to the U.S. Central Authority by a left-behind parent that fits the Hague rules or is an application filed to get a child returned or rights of access. access case — an application to the U.S. Central Authority by a parent asking for access to a child. Annual Report — the statutorily required annual report on international child abduction (see section 9111). application — the formal request for return or access, with different forms for Convention countries, bilateral-procedure countries, and non-Convention countries. appropriate congressional committees — the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs. bilateral procedures — rules agreed between the U.S. and another country (like a Memorandum of Understanding) to handle abduction and access cases. bilateral procedures country — a country that has such an agreement with the U.S. Central Authority — the official office that handles these cases; its exact identity depends on whether the country is a Convention country, a bilateral procedures country, or a non-Convention country. child — a person under 18 years of age. Convention country — a country for which the Hague Abduction Convention is in force with the U.S. Hague Abduction Convention — the treaty done at The Hague on October 25, 1980. interim contact — temporary communication or visits allowed while a case is pending. left-behind parent — the person or legal custodian who says an abduction breached their custody rights. non-Convention country — a country where the Hague Convention is not in force with the U.S. overseas military dependent child — a child whose habitual residence is the U.S. under U.S. law even while living abroad with a military parent. overseas military parent — a parent with custody rights who is serving outside the U.S. in the U.S. Armed Forces. pattern of noncompliance — repeated failure by a country to follow the Convention, follow bilateral procedures, or work with the U.S. Central Authority; it may be shown, for example, if 30 percent or more of cases are unresolved, the central authority fails to do its duties, courts or agencies do not apply the rules, or law enforcement does not enforce return or access orders. rights of access — legal rights for contact between a child and a parent, created by law, court order, or a binding agreement. rights of custody — legal rights to care for a child and decide their residence under the law of the child’s habitual residence, given by law, court decision, or agreement. rights of interim contact — provisional contact rights provided while a case is pending, by law, court order, or agreement in the country where the child is located. unresolved abduction case — a case that remains unresolved more than 12 months after a complete application is sent to the country’s judicial or administrative authority, unless it is resolved by return of the child under the Hague or other procedures; by the country’s courts or agencies applying the rules; by a voluntary agreement between the parents; by the left-behind parent’s written withdrawal; by the left-behind parent being unlocatable for 1 year despite State Department efforts; or by the death of the child or left-behind parent.