US (United States) Code. Title 42. Chapter 121: International child abduction remedies

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION

REMEDIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-MISC1-

Sec.

11601. Findings and declarations.

(a) Findings.

(b) Declarations.

11602. Definitions.

11603. Judicial remedies.

(a) Jurisdiction of courts.

(b) Petitions.

(c) Notice.

(d) Determination of case.

(e) Burdens of proof.

(f) Application of Convention.

(g) Full faith and credit.

(h) Remedies under Convention not exclusive.

11604. Provisional remedies.

(a) Authority of courts.

(b) Limitation on authority.

11605. Admissibility of documents.

11606. United States Central Authority.

(a) Designation.

(b) Functions.

(c) Regulatory authority.

(d) Obtaining information from Parent Locator

Service.

(e) Grant authority.

11607. Costs and fees.

(a) Administrative costs.

(b) Costs incurred in civil actions.

11608. Collection, maintenance, and dissemination of

information.

(a) In general.

(b) Requests for information.

(c) Responsibility of government entities.

(d) Information available from Parent Locator

Service.

(e) Recordkeeping.

11608a. Office of Children's Issues.

(a) Director requirements.

(b) Case officer staffing.

(c) Embassy contact.

(d) Reports to parents.

11609. Interagency coordinating group.

11610. Authorization of appropriations.

11611. Report on compliance with the Hague Convention on

International Child Abduction.

(a) In general.

(b) Definition.

-End-

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42 USC Sec. 11601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11601. Findings and declarations

-STATUTE-

(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.

-SOURCE-

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

-REFTEXT-

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.

-MISC1-

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'."

-End-

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42 USC Sec. 11602 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11602. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 100-300, Sec. 3, Apr. 29, 1988, 102 Stat. 437.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 663 of this title.

-End-

-CITE-

42 USC Sec. 11603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11603. Judicial remedies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 100-300, Sec. 4, Apr. 29, 1988, 102 Stat. 438.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

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42 USC Sec. 11604 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11604. Provisional remedies

-STATUTE-

(a) Authority of courts

In furtherance of the objectives of article 7(b) and other

provisions of the Convention, and subject to the provisions of

subsection (b) of this section, any court exercising jurisdiction

of an action brought under section 11603(b) of this title may take

or cause to be taken measures under Federal or State law, as

appropriate, to protect the well-being of the child involved or to

prevent the child's further removal or concealment before the final

disposition of the petition.

(b) Limitation on authority

No court exercising jurisdiction of an action brought under

section 11603(b) of this title may, under subsection (a) of this

section, order a child removed from a person having physical

control of the child unless the applicable requirements of State

law are satisfied.

-SOURCE-

(Pub. L. 100-300, Sec. 5, Apr. 29, 1988, 102 Stat. 439.)

-End-

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42 USC Sec. 11605 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11605. Admissibility of documents

-STATUTE-

With respect to any application to the United States Central

Authority, or any petition to a court under section 11603 of this

title, which seeks relief under the Convention, or any other

documents or information included with such application or petition

or provided after such submission which relates to the application

or petition, as the case may be, no authentication of such

application, petition, document, or information shall be required

in order for the application, petition, document, or information to

be admissible in court.

-SOURCE-

(Pub. L. 100-300, Sec. 6, Apr. 29, 1988, 102 Stat. 439.)

-End-

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42 USC Sec. 11606 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11606. United States Central Authority

-STATUTE-

(a) Designation

The President shall designate a Federal agency to serve as the

Central Authority for the United States under the Convention.

(b) Functions

The functions of the United States Central Authority are those

ascribed to the Central Authority by the Convention and this

chapter.

(c) Regulatory authority

The United States Central Authority is authorized to issue such

regulations as may be necessary to carry out its functions under

the Convention and this chapter.

(d) Obtaining information from Parent Locator Service

The United States Central Authority may, to the extent authorized

by the Social Security Act [42 U.S.C. 301 et seq.], obtain

information from the Parent Locator Service.

(e) Grant authority

The United States Central Authority is authorized to make grants

to, or enter into contracts or agreements with, any individual,

corporation, other Federal, State, or local agency, or private

entity or organization in the United States for purposes of

accomplishing its responsibilities under the Convention and this

chapter.

-SOURCE-

(Pub. L. 100-300, Sec. 7, Apr. 29, 1988, 102 Stat. 439; Pub. L.

105-277, div. G, title XXII, Sec. 2213, Oct. 21, 1998, 112 Stat.

2681-812.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of this title. For

complete classification of this Act to the Code, see section 1305

of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-277 added subsec. (e).

-EXEC-

EX. ORD. NO. 12648. IMPLEMENTATION OF CONVENTION ON CIVIL ASPECTS

OF INTERNATIONAL CHILD ABDUCTION

Ex. Ord. No. 12648, Aug. 11, 1988, 53 F.R. 30637, provided:

The United States of America deposited its instrument of

ratification of the Hague Convention on the Civil Aspects of

International Child Abduction ("Convention") on April 29, 1988. The

Convention entered into force for the United States on July 1,

1988. Article 6 of the Convention imposes upon Contracting States

an obligation to designate a "Central Authority" for the purpose of

discharging certain specified functions.

In order that the Government of the United States of America may

give full and complete effect to the Convention, and pursuant to

section 7 of the International Child Abduction Remedies Act, Public

Law No. 100-300 (1988) [42 U.S.C. 11606], it is expedient and

necessary that I designate a Central Authority within the Executive

branch of said Government:

NOW, THEREFORE, by virtue of the authority vested in me as

President by the Constitution and the laws of the United States,

including section 301 of Title 3 of the United States Code and

section 7 of the International Child Abduction Remedies Act, it is

ordered as follows:

Section 1. Designation of Central Authority. The Department of

State is hereby designated as the Central Authority of the United

States for purposes of the Hague Convention on the Civil Aspects of

International Child Abduction. The Secretary of State is hereby

authorized and empowered, in accordance with such regulations as he

may prescribe, to perform all lawful acts that may be necessary and

proper in order to execute the functions of the Central Authority

in a timely and efficient manner.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 663, 11602 of this title.

-End-

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42 USC Sec. 11607 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11607. Costs and fees

-STATUTE-

(a) Administrative costs

No department, agency, or instrumentality of the Federal

Government or of any State or local government may impose on an

applicant any fee in relation to the administrative processing of

applications submitted under the Convention.

(b) Costs incurred in civil actions

(1) Petitioners may be required to bear the costs of legal

counsel or advisors, court costs incurred in connection with their

petitions, and travel costs for the return of the child involved

and any accompanying persons, except as provided in paragraphs (2)

and (3).

(2) Subject to paragraph (3), legal fees or court costs incurred

in connection with an action brought under section 11603 of this

title shall be borne by the petitioner unless they are covered by

payments from Federal, State, or local legal assistance or other

programs.

(3) Any court ordering the return of a child pursuant to an

action brought under section 11603 of this title shall order the

respondent to pay necessary expenses incurred by or on behalf of

the petitioner, including court costs, legal fees, foster home or

other care during the course of proceedings in the action, and

transportation costs related to the return of the child, unless the

respondent establishes that such order would be clearly

inappropriate.

-SOURCE-

(Pub. L. 100-300, Sec. 8, Apr. 29, 1988, 102 Stat. 440.)

-End-

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42 USC Sec. 11608 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11608. Collection, maintenance, and dissemination of

information

-STATUTE-

(a) In general

In performing its functions under the Convention, the United

States Central Authority may, under such conditions as the Central

Authority prescribes by regulation, but subject to subsection (c)

of this section, receive from or transmit to any department,

agency, or instrumentality of the Federal Government or of any

State or foreign government, and receive from or transmit to any

applicant, petitioner, or respondent, information necessary to

locate a child or for the purpose of otherwise implementing the

Convention with respect to a child, except that the United States

Central Authority -

(1) may receive such information from a Federal or State

department, agency, or instrumentality only pursuant to

applicable Federal and State statutes; and

(2) may transmit any information received under this subsection

notwithstanding any provision of law other than this chapter.

(b) Requests for information

Requests for information under this section shall be submitted in

such manner and form as the United States Central Authority may

prescribe by regulation and shall be accompanied or supported by

such documents as the United States Central Authority may require.

(c) Responsibility of government entities

Whenever any department, agency, or instrumentality of the United

States or of any State receives a request from the United States

Central Authority for information authorized to be provided to such

Central Authority under subsection (a) of this section, the head of

such department, agency, or instrumentality shall promptly cause a

search to be made of the files and records maintained by such

department, agency, or instrumentality in order to determine

whether the information requested is contained in any such files or

records. If such search discloses the information requested, the

head of such department, agency, or instrumentality shall

immediately transmit such information to the United States Central

Authority, except that any such information the disclosure of which

-

(1) would adversely affect the national security interests of

the United States or the law enforcement interests of the United

States or of any State; or

(2) would be prohibited by section 9 of title 13;

shall not be transmitted to the Central Authority. The head of such

department, agency, or instrumentality shall, immediately upon

completion of the requested search, notify the Central Authority of

the results of the search, and whether an exception set forth in

paragraph (1) or (2) applies. In the event that the United States

Central Authority receives information and the appropriate Federal

or State department, agency, or instrumentality thereafter notifies

the Central Authority that an exception set forth in paragraph (1)

or (2) applies to that information, the Central Authority may not

disclose that information under subsection (a) of this section.

(d) Information available from Parent Locator Service

To the extent that information which the United States Central

Authority is authorized to obtain under the provisions of

subsection (c) of this section can be obtained through the Parent

Locator Service, the United States Central Authority shall first

seek to obtain such information from the Parent Locator Service,

before requesting such information directly under the provisions of

subsection (c) of this section.

(e) Recordkeeping

The United States Central Authority shall maintain appropriate

records concerning its activities and the disposition of cases

brought to its attention.

-SOURCE-

(Pub. L. 100-300, Sec. 9, Apr. 29, 1988, 102 Stat. 440.)

-End-

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42 USC Sec. 11608a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11608a. Office of Children's Issues

-STATUTE-

(a) Director requirements

The Secretary of State shall fill the position of Director of the

Office of Children's Issues of the Department of State (in this

section referred to as the "Office") with an individual of senior

rank who can ensure long-term continuity in the management and

policy matters of the Office and has a strong background in

consular affairs.

(b) Case officer staffing

Effective April 1, 2000, there shall be assigned to the Office of

Children's Issues of the Department of State a sufficient number of

case officers to ensure that the average caseload for each officer

does not exceed 75.

(c) Embassy contact

The Secretary of State shall designate in each United States

diplomatic mission an employee who shall serve as the point of

contact for matters relating to international abductions of

children by parents. The Director of the Office shall regularly

inform the designated employee of children of United States

citizens abducted by parents to that country.

(d) Reports to parents

(1) In general

Except as provided in paragraph (2), beginning 6 months after

November 29, 1999, and at least once every 6 months thereafter,

the Secretary of State shall report to each parent who has

requested assistance regarding an abducted child overseas. Each

such report shall include information on the current status of

the abducted child's case and the efforts by the Department of

State to resolve the case.

(2) Exception

The requirement in paragraph (1) shall not apply in a case of

an abducted child if -

(A) the case has been closed and the Secretary of State has

reported the reason the case was closed to the parent who

requested assistance; or

(B) the parent seeking assistance requests that such reports

not be provided.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.

201], Nov. 29, 1999, 113 Stat. 1536, 1501A-419).

-COD-

CODIFICATION

Section was enacted as part of the Admiral James W. Nance and Meg

Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and

2001, and not as part of the International Child Abduction Remedies

Act which comprises this chapter.

-End-

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42 USC Sec. 11609 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11609. Interagency coordinating group

-STATUTE-

The Secretary of State, the Secretary of Health and Human

Services, and the Attorney General shall designate Federal

employees and may, from time to time, designate private citizens to

serve on an interagency coordinating group to monitor the operation

of the Convention and to provide advice on its implementation to

the United States Central Authority and other Federal agencies.

This group shall meet from time to time at the request of the

United States Central Authority. The agency in which the United

States Central Authority is located is authorized to reimburse such

private citizens for travel and other expenses incurred in

participating at meetings of the interagency coordinating group at

rates not to exceed those authorized under subchapter I of chapter

57 of title 5 for employees of agencies.

-SOURCE-

(Pub. L. 100-300, Sec. 10, Apr. 29, 1988, 102 Stat. 441.)

-End-

-CITE-

42 USC Sec. 11610 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11610. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for each fiscal year such

sums as may be necessary to carry out the purposes of the

Convention and this chapter.

-SOURCE-

(Pub. L. 100-300, Sec. 12, Apr. 29, 1988, 102 Stat. 442.)

-End-

-CITE-

42 USC Sec. 11611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 121 - INTERNATIONAL CHILD ABDUCTION REMEDIES

-HEAD-

Sec. 11611. Report on compliance with the Hague Convention on

International Child Abduction

-STATUTE-

(a) In general

Beginning 6 months after October 21, 1998, and every 12 months

thereafter, 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.

-SOURCE-

(Pub. L. 105-277, div. G, title XXVIII, Sec. 2803, Oct. 21, 1998,

112 Stat. 2681-846; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.

A, title II, Sec. 202], Nov. 29, 1999, 113 Stat. 1536, 1501A-420;

Pub. L. 107-228, div. A, title II, Sec. 212, Sept. 30, 2002, 116

Stat. 1365.)

-COD-

CODIFICATION

Section was enacted as part of the the Foreign Relations

Authorization Act, Fiscal Years 1998 and 1999, and also as part of

the Foreign Affairs Reform and Restructuring Act of 1998 and the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, and not as part of the International Child Abduction Remedies

Act which comprises this chapter.

Section was formerly set out as a note under section 11601 of

this title.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 struck out "during the period

ending September 30, 2001" after "every 12 months thereafter" in

introductory provisions.

1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title II, Sec. 202(1)], substituted "2001," for "1999," in first

sentence of introductory provisions.

Subsec. (a)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

II, Sec. 202(2)], substituted "applicants in the United States" for

"United States citizens".

Subsec. (a)(2). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

II, Sec. 202(3)], substituted "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" for "abducted".

Subsec. (a)(3). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

II, Sec. 202(4)], substituted "children, access to children, or

both," for "children" and "applicants in the United States" for

"United States citizens".

Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

II, Sec. 202(5)], inserted ", 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" before period at end.

Subsec. (a)(6), (7). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title II, Sec. 202(6)], added pars. (6) and (7).

-End-