42 U.S.C. § 11603 : US Code - Section 11603: Judicial remedies

Search 42 U.S.C. § 11603 : US Code - Section 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.