International Child Abduction Remedies Act
PL 100-300 (H.R.3971), enacted 04/29/1988

PUBLIC LAW 100-300—APR. 29, 1988 
102 STAT. 437 
Public Law 100-300 
100th Congress 
An Act 
To establish procedures to implement the C!onvention on the Civil Aspects of Interna-
tional Child Abduction, done at The Hague on October 25, 1980, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "International Child Abduction 
Remedies Act". 
SEC. 2. FINDINGS AND DECLARATIONS. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The international abduction or wrongful retention of chil-
dren 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 
incre£ising, and only concerted cooperation pursuant to an inter-
national 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 chil-
dren and will deter such wrongful removals and retentions. 
(b) 
DECLARATIONS.—The 
Congress 
makes 
the 
following 
declarations: 
(1) It is the purpose of this Act to establish procedures for the 
implementation of the Convention in the United States. 
(2) The provisions of this Act are in addition to and not in lieu 
of the provisions of the Convention. 
(3) In enacting this Act 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 Act empower courts in the United 
States to determine only rights under the Convention and not 
the merits of any underlying child custody claims. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act— 
(1) the term "applicant" means any person who, pursuant to 
the Convention, files an application with the United States 
Apr. 29, 1988 
[H.R. 3971] 
International 
Child Abduction 
Remedies Act. 
42 u s e 11601 
note. 
42 u s e 11601. 
42 u s e 11602. 
102 STAT. 438 
PUBLIC LAW 100-300—APR. 29, 1988 
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 453 of the Social Security Act (42 U.S.C. 653); 
(4) the term "petitioner" means any person who, in accord-
ance with this Act, 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 Act, 
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 7(a). 
42 use 11603. 
SEC. 4. JUDICIAL REMEDIES. 
(a) JURISDICTION OF THE COURTS.—The courts of the States and the 
United States district courts shall have concurrent original jurisdic-
tion 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) 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) shall decide the case in accordsmce 
with the Convention. 
(e) BURDENS OF PROOF.—(1) A petitioner in an action brought 
under subsection (b) 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 excep-
tions set forth in article 13b or 20 of the Convention applies; and 
PUBLIC LAW 100-300—APR 29, 1988 
102 STAT. 439 
(B) by a preponderance of the evidence that any other excep-
tion set forth in article 12 or 13 of the Convention applies. 
(f) APPUCATION OF THE CONVENTION.—For purposes of any action 
brought under this Act— 
(1) the term "authorities", as used in article 15 of the Conven-
tion to refer to the authorities of the state of the habitual 
residence of a child, includes courts and appropriate govern-
ment agencies; 
(2) the terms "wrongful removal or retention" and "wrong-
fully 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 ac-
corded 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 Act. 
(h) REMEDIES UNDER THE CONVENTION NOT EXCLUSIVE.—The rem-
edies established by the Convention and this Act shall be in addition 
to remedies available under other laws or international agreements. 
SEC. 5. PROVISIONAL REMEDIES. 
(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 4(b) of this Act 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 exeicising jurisdiction of 
an action brought under section 4(b) 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. 
SEC. 6. ADMISSIBILITY OF DOCUMENTS. 
With respect to any application to the United States Central 
Authority, or any petition to a court under section 4, 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, peti-
tion, document, or information to be admissible in court. 
SEC. 7. UNITED STATES CENTRAL AUTHORITY. 
(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 Act. 
42 use 11604. 
42 use 11605. 
42 use 11606. 
President of U.S. 
102 STAT. 440 
PUBLIC LAW 100-300—APR. 29, 1988 
State and local 
governments. 
42 use 11607. 
State and local 
governments. 
42 use 11608. 
(c) REGULATORY AUTHORITY.—The United States Central Author-
ity is authorized to issue such regulations as may be necessary to 
carry out its functions under the Convention and this Act. 
(d) OBTAINING INFORMATION FROM PARENT LOCATOR SERVICE.— 
The United States Central Authority may, to the extent authorized 
by the Social Security Act, obtain information from the Parent 
Locator Service. 
SEC. 8. COSTS AND FEES. 
(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 4 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 4 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. 
SEC. 9. COLLECTION, MAINTENANCE, AND DISSEMINATION OF INFOR-
MATION. 
(a) IN GENERAL.—In performing its functions under the Conven-
tion, the United States Central Authority may, under such condi-
tions as the Central Authority prescribes by regulation, but subject 
to subsection (c), 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 ap-
plicable Federal and State statutes; and 
(2) may transmit any information received under this subsec-
tion notwithstanding any provision of law other than this Act. 
(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) RESPONSIBIUTY OF GrOVERNMENT ENTITIES.—Whenever any 
department, agency, or instrumentality of the United States or of 
any State receives a request from the United States Central Author-
ity for information authorized to be provided to such Central 
PUBLIC LAW 100-300—APR. 29, 1988 
102 STAT. 441 
Authority under subsection (a), 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 amy State; or 
(2) would be prohibited by section 9 of title 13, United States 
Code; 
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 Centrgd 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). 
(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) 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 
medntain appropriate records concerning its activities and the dis-
position of cases brought to its attention. 
SEC. 10. INTERAGENCY COORDINATING GROUP. 
The Secretary of State, the Secretary of Health and Human 
Services, and the Attorney General shall designate Federal employ-
ees 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, 
United States Code, for employees of agencies. 
SEC. 11. AGREEMENT FOR USE OF PARENT LOCATOR SERVICE IN DETER-
MINING WHEREABOUTS OF PARENT OR CHILD. 
Section 463 of the Social Security Act (42 U.S.C. 663) is amended— 
(1) by striking "under this section" in subsection 0)) and 
inserting "under subsection (a)"; 
Classified 
information. 
Defense and 
national 
security. 
Law 
enforcement 
and crime. 
Government 
organization £md 
employees. _ 
42 u s e 11609. 
102 STAT. 442 
PUBLIC LAW 100-300—APR. 29, 1988 
Contracts. 
42 u s e 11610. 
(2) by striking "under this section" where it first appears in 
subsection (c) and inserting "under subsection (a), (b), or (e)"; 
and 
(3) by adding at the end the following new subsection: 
"(e) The Secretary shall enter into an agreement with the Central 
Authority designated by the President in accordance with section 7 
of the International Child Abduction Remedies Act, under which the 
services of the Parent Locator Service established under section 453 
shall be made available to such Central Authority upon its request 
for the purpose of locating any parent or child on behalf of an 
applicant to such Central Authority within the meaning of section 
3(1) of that Act. The Parent Locator Service shall charge no fees for 
services requested pursuant to this subsection.". 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fiscal year such 
sums as may be necessary to carry out the purposes of the Conven-
tion and this Act. 
Approved April 29, 1988. 
LEGISLATIVE HISTORY—H.R. 3971: 
HOUSE REPORTS: No. 100-525 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 28, considered and passed House. 
Apr. 12, considered and passed Senate, amended. 
Apr. 25, House concurred in Senate amendment.