Sec. 3. Definitions

1,111 words·~5 min read·/bill/113/hr/3212/rs/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term abducted child means a child who is the victim of an abduction. The term abduction means— the alleged wrongful removal of a child from the child’s country of habitual residence; the alleged wrongful retention of a child outside the child’s country of habitual residence; or the alleged wrongful removal or retention of a military dependent child from the exercise of rights of custody of a military parent. The term abduction case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the resolution of an abduction.

The term access case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the establishment of rights of access. The term Annual Report means the Annual Report on International Child Abduction required under section 101. The term application means— in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention; in the case of an MOU country, the formal document required pursuant to the provisions of the applicable MOU to request the return of an abducted child or to request rights of access, as applicable; and in the case of a nonparty country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of access to an abducted child.

The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The term Central Authority means— in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention; in the case of an MOU country, the official entity designated by the government of the MOU country within the applicable MOU pursuant to section 103(b)(1) to discharge the duties imposed on the entity in such MOU; and in the case of a nonparty country, the foreign ministry of such country.

The term child means an individual who has not attained the age of 16. The term Convention country means a country other than the United States that has ratified, acceded, or succeeded to the Hague Abduction Convention and with respect to which the United States has entered into a reciprocal agreement pursuant to the Hague Abduction Convention. The term Hague Abduction Convention means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.

The term left-behind parent means an individual or entity, either individually or jointly, who alleges that an abduction has occurred that is in breach of rights of custody— attributed to such individual or entity, as applicable; and exercised at the time of the abduction or that would have been exercised but for the abduction. The term legal residence means the congressional district and State in which an individual either is residing, or if an individual is residing temporarily outside the United States, the congressional district and State to which the individual intends to return.

The term military dependent child means a child whose habitual residence is the United States according to United States law even though the child is residing outside the United States with a military parent. The term military parent means an individual who has rights of custody over a child and who is serving outside the United States as a member of the United States Armed Forces. The term MOU means a memorandum of understanding between the United States and a country that is not a Convention country to resolve abduction cases and access cases.

The term MOU country means a country with respect to which the United States has entered into an MOU. The term nonparty country means a country that is neither a Convention country nor an MOU country. The term pattern of noncooperation means the persistent failure— of a Convention country to implement and abide by the provisions of the Hague Abduction Convention; and of an MOU country to implement and abide by the provisions of the applicable MOU. Such persistent failure may be evidenced by one or more of the following criteria:

The existence of 10 or more unresolved abduction cases. The failure of the Central Authority of the country to fulfill its responsibilities pursuant to the Hague Abduction Convention or the MOU, as applicable. The failure of the judicial or administrative branch, as applicable, of the national government of the country to implement and comply with the provisions of the Hague Abduction Convention or the MOU, as applicable. The failure of law enforcement to locate abducted children or to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the national government of the country in abduction cases or access cases.

The term rights of access means the rights of contact between a child and a left-behind parent provided as a provisional measure while an abduction case is pending, by operation of law or by reason of judicial or administrative determination or by agreement having legal effect, under the law of the country in which the child is located. The term rights of custody means rights of care and custody of an abducted child, including the right to determine the place of residence of an abducted child— attributed to an individual or entity, either individually or jointly, and arising by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect, under the law of the country in which the child was an habitual resident immediately before the abduction.

Subject to subparagraph (B), the term unresolved abduction case means an abduction case that remains unresolved for a period that exceeds 180 days after the date on which the completed application for return of the child is submitted for determination to the judicial or administrative authority, as applicable, in the country in which the child is located. An abduction case shall be considered to be resolved if— the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or MOU, if applicable; the judicial or administrative branch, as applicable, of the national government of the country in which the child is located has implemented and is complying with the provisions of the Hague Abduction Convention or the MOU, as applicable, and a final determination is made by such judicial or administrative branch that the child will not be returned to the country of habitual residence; or the child attains the age of 16.