22 U.S.C. § 9003 — Judicial remedies

(a) Jurisdiction of courts. State courts and U.S. district courts share original power to hear cases arising under the Convention. (b) Petitions. Anyone seeking a child's return, or visitation rights, under the Convention can start a case. They file a petition in any court that has jurisdiction and the power to act where the child is located. (c) Notice. Notice of this action must follow the same rules used for interstate child custody notice. (d) Determination of case. The court must decide the case following the Convention. (e) Burdens of proof. (1) The petitioner must prove, by a preponderance of the evidence — meaning it is more likely true than not — that: (A) for a return case, the child was wrongfully removed or kept, as the Convention defines it; and (B) for a visitation case, the petitioner has those rights. (2) A respondent who opposes returning the child must prove: (A) by clear and convincing evidence, that one of the exceptions in Convention Article 13(b) or 20 applies; and (B) by a preponderance of the evidence, that any other exception in Article 12 or 13 applies. (f) Application of Convention. For any case under this chapter: (1) "authorities," as the Convention uses it in Article 15, includes courts and government agencies; (2) "wrongful removal or retention" includes removing or keeping a child before a custody order about that child was made; and (3) "commencement of proceedings," as used in Article 12, means — for a child in the United States — the filing of a petition under subsection (b). (g) Full faith and credit. Courts in every state and federal court must fully honor another court's judgment ordering or denying a child's return under the Convention. (h) Remedies under Convention not exclusive. The remedies in the Convention and this chapter come in addition to remedies available under other laws or international agreements.