Page:United States Statutes at Large Volume 102 Part 1.djvu/475

 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 International 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.

Apr. 29, 1988 [H.R. 3971]

International Child Abduction Remedies Act. 42 USC 11601 note. 42 USC 11601.

(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 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

42 USC 11602.

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