---
kind: "section"
citation: "22 U.S.C. § 9003"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "9003"
heading: "Judicial remedies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/9003"
units:
  - "Chapter 97 — International Child Abduction Remedies"
---

# §9003. Judicial remedies

- (a) **Jurisdiction of courts—** The courts of the [States](/usc/22/9002.md?p=8) and the United States district courts shall have concurrent original jurisdiction of actions arising under the [Convention](/usc/22/9002.md?p=2).
- (b) **Petitions—** Any [person](/usc/22/9002.md?p=5) seeking to initiate judicial proceedings under the [Convention](/usc/22/9002.md?p=2) for the return of a child or for arrangements for organizing or securing the effective exercise of [rights of access](/usc/22/9002.md?p=7) 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)](#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)](#b) shall decide the case in accordance with the [Convention](/usc/22/9002.md?p=2).
- (e) **Burdens of proof—**
  - (1) A [petitioner](/usc/22/9002.md?p=4) in an action brought under [subsection (b)](#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](/usc/22/9002.md?p=2); and
    - (B) in the case of an action for arrangements for organizing or securing the effective exercise of [rights of access](/usc/22/9002.md?p=7), that the [petitioner](/usc/22/9002.md?p=4) has such rights.
  - (2) In the case of an action for the return of a child, a [respondent](/usc/22/9002.md?p=6) 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](/usc/22/9002.md?p=2) applies; and
    - (B) by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the [Convention](/usc/22/9002.md?p=2) applies.
- (f) **Application of Convention—** For purposes of any action brought under this chapter—
  - (1) the term “authorities”, as used in article 15 of the [Convention](/usc/22/9002.md?p=2) to refer to the authorities of the [state](/usc/22/9002.md?p=8) of the habitual residence of a child, includes courts and appropriate government agencies;
  - (2) the terms “wrongful removal or retention” and “wrongfully removed or retained”, as used in the [Convention](/usc/22/9002.md?p=2), 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](/usc/22/9002.md?p=2), means, with respect to the return of a child located in the United States, the filing of a petition in accordance with [subsection (b)](#b) of this section.
- (g) **Full faith and credit—** Full faith and credit shall be accorded by the courts of the [States](/usc/22/9002.md?p=8) 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](/usc/22/9002.md?p=2), in an action brought under this chapter.
- (h) **Remedies under Convention not exclusive—** The remedies established by the [Convention](/usc/22/9002.md?p=2) and this chapter shall be in addition to remedies available under other laws or international agreements.

## Source credit

(Pub. L. 100–300, § 4, Apr. 29, 1988, 102 Stat. 438.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (f) to (h), 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 under section 9001 of this title and Tables.

### Codification

Section was formerly classified to section 11603 of Title 42, The Public Health and Welfare.