Page:United States Statutes at Large Volume 102 Part 1.djvu/476

 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 accordance 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 USC 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 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) 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 exceptions set forth in article 13b or 20 of the Convention applies; and

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