22 USC 9101 - Definitions

U.S Code last checked for updates: Apr 26, 2024

§ 9101.

Definitions

In this chapter:

(1)

Abducted child

(2)

Abduction

(3)

Abduction case

The term “abduction case” means a case that—

(A)

has been reported to the Central Authority of the United States by a left-behind parent for the resolution of an abduction; and

(B)

meets the criteria for an international child abduction under the Hague Abduction Convention, regardless of whether the country at issue is a Convention country.

(4)

Access case

(5)

Annual Report

(6)

Application

The term “application” means—

(A)

in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention;

(B)

in the case of a bilateral procedures country, the formal document required, pursuant to the provisions of the applicable arrangement, to request the return of an abducted child or to request rights of access, as applicable; and

(C)

in the case of a non-Convention country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of contact with an abducted child.

(7)

Appropriate congressional committees

(8)

Bilateral procedures

(9)

Bilateral procedures country

(10)

Central Authority

The term “Central Authority” means—

(A)

in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention;

(B)

in the case of a bilateral procedures country, the official entity designated by the government of the bilateral procedures country within the applicable memorandum of understanding pursuant to section 9113(b)(1) of this title to discharge the duties imposed on the entity; and

(C)

in the case of a non-Convention country, the foreign ministry or other appropriate authority of such country.

(11)

Child

(12)

Convention country

(13)

Hague Abduction Convention

(14)

Interim contact

(15)

Left-behind parent

(16)

Non-Convention country

(17)

Overseas military dependent child

(18)

Overseas military parent

The term “overseas military parent” means an individual who—

(A)

has custodial rights with respect to a child; and

(B)

is serving outside the United States as a member of the United States Armed Forces.

(19)

Pattern of noncompliance

(A)

In general

The term “pattern of noncompliance” means the persistent failure—

(i)

of a Convention country to implement and abide by provisions of the Hague Abduction Convention;

(ii)

of a non-Convention country to abide by bilateral procedures that have been established between the United States and such country; or

(iii)

of a non-Convention country to work with the Central Authority of the United States to resolve abduction cases.

(B)

Persistent failure

Persistent failure under subparagraph (A) may be evidenced in a given country by the presence of 1 or more of the following criteria:

(i)

Thirty percent or more of the total abduction cases in such country are unresolved abduction cases.

(ii)

The Central Authority regularly fails to fulfill its responsibilities pursuant to—

(I)

the Hague Abduction Convention; or

(II)

any bilateral procedures between the United States and such country.

(iii)

The judicial or administrative branch, as applicable, of the national government of a Convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the Hague Abduction Convention or bilateral procedures, as applicable.

(iv)

Law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the government of the country in abduction cases.

(20)

Rights of access

The term “rights of access” means the establishment of rights of contact between a child and a parent seeking access in Convention countries—

(A)

by operation of law;

(B)

through a judicial or administrative determination; or

(C)

through a legally enforceable arrangement between the parties.

(21)

Rights of custody

The term “rights of custody” means rights of care and custody of a child, including the right to determine the place of residence of a child, under the laws of the country in which the child is a habitual resident—

(A)

attributed to an individual or legal custodian; and

(B)

arising—

(i)

by operation of law; or

(ii)

through a judicial or administrative decision; or

(iii)

through a legally enforceable arrangement between the parties.

(22)

Rights of interim contact

The term “rights of interim contact” means the rights of contact between a child and a left-behind parent, which has been provided as a provisional measure while an abduction case is pending, under the laws of the country in which the child is located—

(A)

by operation of law; or

(B)

through a judicial or administrative determination; or

(C)

through a legally enforceable arrangement between the parties.

(23)

Unresolved abduction case

(A)

In general

(B)

Resolution of case

An abduction case shall be considered to be resolved if—

(i)

the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if applicable;

(ii)

the judicial or administrative branch, as applicable, of the government of the country in which the child is located has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable;

(iii)

the left-behind parent reaches a voluntary arrangement with the other parent;

(iv)

the left-behind parent submits a written withdrawal of the application or the request for assistance to the Department of State;

(v)

the left-behind parent cannot be located for 1 year despite the documented efforts of the Department of State to locate the parent; or

(vi)

the child or left-behind parent is deceased.

(Pub. L. 113–150, § 3, Aug. 8, 2014, 128 Stat. 1809.)

cite as: 22 USC 9101