International Custody - US Law Adopting the Hague Convention - Title 42 : Chapter 121 : Section 11601
- United States Code
- TITLE 42 - THE PUBLIC HEALTH AND WELFARE
- CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES
Section 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.
Section 11602. Definitions
For the purposes of this chapter -
(1) the term ''applicant'' means any person who, pursuant to the Convention, files an application with the United States
Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been
wrongfully removed or retained or for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;
(2) the term ''Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term ''Parent Locator Service'' means the service established by the Secretary of Health and Human Services under
section 653 of this title;
(4) the term ''petitioner'' means any person who, in accordance with this chapter, files a petition in court seeking relief under the Convention;
(5) the term ''person'' includes any individual, institution, or other legal entity or body;
(6) the term ''respondent'' means any person against whose interests a petition is filed in court, in accordance with this
chapter, which seeks relief under the Convention;
(7) the term ''rights of access'' means visitation rights;
(8) the term ''State'' means any of the several States, the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
(9) the term ''United States Central Authority'' means the agency of the Federal Government designated by the President
under section 11606(a) of this title.
