Findings and declarations22 U.S.C. § 9001
16 opinions cite 22 U.S.C. § 9001
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Monasky v. Taglieri 589 U.S. 68 · US589-68 · U.S. Supreme Court 2020
· cited by 252 in all courts
…of International Child Ab- duction (Hague Convention or Convention), implemented in the United States by the International Child Abduction Remedies Act, 22 U. S. C. §9001 et seq., provides that a child wrongfully removed from her country of “habitual residence” ordinarily must be returned to that country. Petitioner…
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Lops v. Lops 140 F.3d 927 · CA11-97-9381 · 11th Cir. 1998
· cited by 111 in all courts
…to implement the Hague Convention on the Civil Aspects of International Child Abduction, 7 a treaty to which the United States and Germany are signatories. 42 U.S.C. § 11601 (b)(1). The goals of the Convention are “to secure the prompt return of children wrongfully removed to or retained in any Contracting State” and “to ensure…
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Chafin v. Chafin 568 U.S. 165 · US568-165 · U.S. Supreme Court 2013
· cited by 981 in all courts
…the United States ratified the treaty and passed implementing legislation, known as the International Child Abduction Remedies Act (ICARA), 102 Stat. 437 , 42 U. S. C. § 11601 et seq. See generally Abbott v. Abbott, 560 U. S. 1, 8-9 (2010). The Convention seeks “to secure the prompt return of children wrongfully removed…
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Abbott v. Abbott 560 U.S. 1 · US560-1 · U.S. Supreme Court 2010
· cited by 516 in all courts
…state to the Convention; and Congress has implemented its provisions through the International Child Abduction Remedies Act (ICARA), 102 Stat. 437 , 42 U. S. C. §11601 et seq. The Convention provides that a child abducted in violation of “rights of custody” must be returned to the child’s country of habitual residence,…
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In re Amend. to the Fla. Family Law Forms 59 So. 3d 792 · SC08-2058 · Florida Supreme Court 2010
…a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25,…
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Golan v. Saada 596 U.S. 666 · US596-666 · U.S. Supreme Court 2022
· cited by 106 in all courts
…of the pro- ceedings”). Congress implemented the Convention in the Interna- tional Child Abduction Remedies Act (ICARA), 102 Stat. 437, as amended, 22 U. S. C. §9001 et seq. ICARA permits a parent (or other individual or institution) seeking relief under the Convention to file a petition for return of a child in state or…
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Seaman v. Peterson 766 F.3d 1252 · CA11-11-10243 · 11th Cir. 2014
· cited by 36 in all courts
…October 25, 1980, TIAS No. 11670, S Treaty Doc. No. 99-11 (the “Convention”), as implemented by the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11601 et seq. The Appellant, John Kennedy Peterson, removed his four children from Mexico to the United States. His wife, and mother of the children,…
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Baran v. Beaty 526 F.3d 1340 · CA11-07-12762 · 11th Cir. 2008
· cited by 72 in all courts
…legislation] empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.” 42 U.S.C. § 11601(b)(4). When a child has been wrongfully removed from his country of habitual residence, the Convention provides the non-abducting parent with a remedy of return,…
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Bekier v. Bekier 248 F.3d 1051 · CA11-99-13347 · 11th Cir. 2001
· cited by 39 in all courts
…The Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11670, 19 I.L.M. 1501 codified at 42 U.S.C. § 11601 et seq, [hereinafter “Hague Convention”], would govern this inquiry. 1 But first we must be sure that we have a live case or…
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Molina v. Fuenmayor 3D2022-1756 · 3rd DCA 2023
Termination affirmed on abandonment because the mother had not seen the child in about nine years; no reunification effort was required.
… The Mother argues the trial court and the Guardian ad Litem were prohibited from relying on the federal court findings in the two Hague Convention cases. See 22 U.S.C. § 9001(b)(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…
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Johnson v. Johnson 88 So. 3d 335 · 2D11-1102 · 2nd DCA 2012
· cited by 3 in all courts
…Child Abduction, done at the Hague on 25 Oct. [19]80 (the "Hague Convention”) and its implementing statutes, the International Child Abduction Remedies Act, 42 U.S.C. § 11601 et. seq. (ICARA).” Pursuant to the federal proceeding, Col. Johnson sought to have his son returned to him at the base in Vicenza, Italy, because he alleged…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms - Nomenclature 235 So. 3d 357 · SC17-1948 · Florida Supreme Court 2018
…a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms 205 So. 3d 1 · SC15-44-2 · Florida Supreme Court 2015
· cited by 1 in all courts
…determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015
· cited by 1 in all courts
…determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on …
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Amendments to Approved Family Law Forms 20 So. 3d 173 · SC08-2058-2 · Florida Supreme Court 2009
…a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25,…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms—Nomenclature 235 So. 3d 357 · SC17-1948-2 · Florida Supreme Court 2018
…a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25,…
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(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.
Source. (Pub. L. 100–300, §2, Apr. 29, 1988, 102 Stat. 437.)