
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 121--INTERNATIONAL CHILD ABDUCTION REMEDIES
 
Sec. 11601. Findings and declarations


(a) Findings

    The Congress makes the following findings:
        (1) The international abduction or wrongful retention of 
    children is harmful to their well-being.
        (2) Persons should not be permitted to obtain custody of 
    children by virtue of their wrongful removal or retention.
        (3) International abductions and retentions of children are 
    increasing, and only concerted cooperation pursuant to an 
    international agreement can effectively combat this problem.
        (4) The Convention on the Civil Aspects of International Child 
    Abduction, done at The Hague on October 25, 1980, establishes legal 
    rights and procedures for the prompt return of children who have 
    been wrongfully removed or retained, as well as for securing the 
    exercise of visitation rights. Children who are wrongfully removed 
    or retained within the meaning of the Convention are to be promptly 
    returned unless one of the narrow exceptions set forth in the 
    Convention applies. The Convention provides a sound treaty framework 
    to help resolve the problem of international abduction and retention 
    of children and will deter such wrongful removals and retentions.

(b) Declarations

    The Congress makes the following declarations:
        (1) It is the purpose of this chapter to establish procedures 
    for the implementation of the Convention in the United States.
        (2) The provisions of this chapter are in addition to and not in 
    lieu of the provisions of the Convention.
        (3) In enacting this chapter the Congress recognizes--
            (A) the international character of the Convention; and
            (B) the need for uniform international interpretation of the 
        Convention.

        (4) The Convention and this chapter empower courts in the United 
    States to determine only rights under the Convention and not the 
    merits of any underlying child custody claims.

(Pub. L. 100-300, Sec. 2, Apr. 29, 1988, 102 Stat. 437.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'' meaning Pub. L. 100-300, Apr. 29, 1988, 102 Stat. 437, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note below and Tables.


                               Short Title

    Section 1 of Pub. L. 100-300 provided that: ``This Act [enacting 
this chapter and amending section 663 of this title] may be cited as the 
`International Child Abduction Remedies Act'.''


 Report on Compliance With The Hague Convention on International Child 
                                Abduction

    Pub. L. 105-277, div. G, title XXVIII, Sec. 2803, Oct. 21, 1998, 112 
Stat. 2681-846, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7) 
[div. A, title II, Sec. 202], Nov. 29, 1999, 113 Stat. 1536, 1501A-420, 
provided that:
    ``(a) In General.--Beginning 6 months after the date of the 
enactment of this Act [Oct. 21, 1998] and every 12 months thereafter 
during the period ending September 30, 2001, the Secretary of State 
shall submit a report to the appropriate congressional committees on the 
compliance with the provisions of the Convention on the Civil Aspects of 
International Child Abduction, done at The Hague on October 25, 1980, by 
the signatory countries of the Convention. Each such report shall 
include the following information:
        ``(1) The number of applications for the return of children 
    submitted by applicants in the United States to the Central 
    Authority for the United States that remain unresolved more than 18 
    months after the date of filing.
        ``(2) A list of the countries to which children in unresolved 
    applications described in paragraph (1) are alleged to have been 
    abducted, are being wrongfully retained in violation of United 
    States court orders, or which have failed to comply with any of 
    their obligations under such convention with respect to applications 
    for the return of children, access to children, or both, submitted 
    by applicants in the United States.
        ``(3) A list of the countries that have demonstrated a pattern 
    of noncompliance with the obligations of the Convention with respect 
    to applications for the return of children, access to children, or 
    both, submitted by applicants in the United States to the Central 
    Authority for the United States.
        ``(4) Detailed information on each unresolved case described in 
    paragraph (1) and on actions taken by the Department of State to 
    resolve each such case, including the specific actions taken by the 
    United States chief of mission in the country to which the child is 
    alleged to have been abducted.
        ``(5) Information on efforts by the Department of State to 
    encourage other countries to become signatories of the Convention.
        ``(6) A list of the countries that are parties to the Convention 
    in which, during the reporting period, parents who have been left-
    behind in the United States have not been able to secure prompt 
    enforcement of a final return or access order under a Hague 
    proceeding, of a United States custody, access, or visitation order, 
    or of an access or visitation order by authorities in the country 
    concerned, due to the absence of a prompt and effective method for 
    enforcement of civil court orders, the absence of a doctrine of 
    comity, or other factors.
        ``(7) A description of the efforts of the Secretary of State to 
    encourage the parties to the Convention to facilitate the work of 
    nongovernmental organizations within their countries that assist 
    parents seeking the return of children under the Convention.
    ``(b) Definition.--In this section, the term `Central Authority for 
the United States' has the meaning given the term in Article 6 of the 
Convention on the Civil Aspects of International Child Abduction, done 
at The Hague on October 25, 1980.''
