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22 U.S.C. § 9003

Judicial remedies

United States · Title 22 — FOREIGN RELATIONS AND INTERCOURSE · Status: effective

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22 U.S.C. § 9003, Judicial remedies, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/458691
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Full text

The courts of the States and the United States district courts shall have concurrent original jurisdiction of actions arising under the Convention. 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. Notice of an action brought under subsection (b) shall be given in accordance with the applicable law governing notice in interstate child custody proceedings. The court in which an action is brought under subsection (b) shall decide the case in accordance with the Convention. A petitioner in an action brought under subsection (b) shall establish by a preponderance of the evidence— 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— For purposes of any action brought under this chapter— 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. The remedies established by the Convention and this chapter shall be in addition to remedies available under other laws or international agreements.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 100-300(H.R. 3971)1988-04-29
    International Child Abduction Remedies Act
    House: no recorded tallySenate: no recorded tally