US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC11601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 121--INTERNATIONAL CHILD ABDUCTION REMEDIES
 
Sec. 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.

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

                       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.


                               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'.''