
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11603]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 121--INTERNATIONAL CHILD ABDUCTION REMEDIES
 
Sec. 11603. Judicial remedies


(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) of this section 
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) of this 
section shall decide the case in accordance with the Convention.

(e) Burdens of proof

    (1) A petitioner in an action brought under subsection (b) of this 
section 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, Sec. 4, Apr. 29, 1988, 102 Stat. 438.)

                  Section Referred to in Other Sections

    This section is referred to in sections 11604, 11605, 11607 of this 
title.
