§ 9003. Judicial remedies
596 words·~3 min read·
/usc/title-22/section-9003A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Jurisdiction of courts The courts of the States and the United States district courts shall have concurrent original jurisdiction of actions arising under the Convention.
(b)Petitions Any person seeking to initiate judicial proceedings under the Convention for the return of a child or for arrangements for organizing or securing the effective exercise of rights of access to a child may do so by commencing a civil action by filing a petition for the relief sought in any court which has jurisdiction of such action and which is authorized to exercise its jurisdiction in the place where the child is located at the time the petition is filed.
(c)Notice Notice of an action brought under subsection
(b)shall be given in accordance with the applicable law governing notice in interstate child custody proceedings.
(d)Determination of case The court in which an action is brought under subsection
(b)shall decide the case in accordance with the Convention.
(e)Burdens of proof
(1)A petitioner in an action brought under subsection
(b)shall establish by a preponderance of the evidence—
(A)in the case of an action for the return of a child, that the child has been wrongfully removed or retained within the meaning of the Convention; and
(B)in the case of an action for arrangements for organizing or securing the effective exercise of rights of access, that the petitioner has such rights.
(2)In the case of an action for the return of a child, a respondent who opposes the return of the child has the burden of establishing—
(A)by clear and convincing evidence that one of the exceptions set forth in article 13b or 20 of the Convention applies; and
(B)by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the Convention applies.
(f)Application of Convention For purposes of any action brought under this chapter—
(1)the term “authorities”, as used in article 15 of the Convention to refer to the authorities of the state of the habitual residence of a child, includes courts and appropriate government agencies;
(2)the terms “wrongful removal or retention” and “wrongfully removed or retained”, as used in the Convention, include a removal or retention of a child before the entry of a custody order regarding that child; and
(3)the term “commencement of proceedings”, as used in article 12 of the Convention, means, with respect to the return of a child located in the United States, the filing of a petition in accordance with subsection
(b)of this section.
(g)Full faith and credit Full faith and credit shall be accorded by the courts of the States and the courts of the United States to the judgment of any other such court ordering or denying the return of a child, pursuant to the Convention, in an action brought under this chapter.
(h)Remedies under Convention not exclusive The remedies established by the Convention and this chapter shall be in addition to remedies available under other laws or international agreements.
(Pub. L. 100–300, § 4, Apr. 29, 1988, 102 Stat. 438.)
Connections6 cite this · traces to 1
Cited by 6 sections · top 4
statute-compilations
Traces to 1 document
U.S. Code
5 references not yet in our index
- Pub. L. 100–300, § 4
- 102 Stat. 438
- Pub. L. 100–300
- 102 Stat. 437
- section 11603 of Title 42
Citation graph
cites case law
§ 9003
Judicial remedies
U.S.C.×5
Stat. Comp.×1
Pub. L.Pub. L. 100–300, § 4
Stat.102 Stat. 438
Pub. L.Pub. L. 100–300
Stat.102 Stat. 437
Citesection 11603 of Title 42
Cites 6Cited by 6 across 2 sources