22 U.S.C. § 9004 — Provisional remedies
submitted 38 years ago by Pub. L. 100-300 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 129 words · no verdicts yet
Courts hearing Hague Convention cases can take steps to protect a child before deciding the case. A court cannot remove a child from their current caregiver unless state law allows it.
In furtherance of the objectives of article 7(b) and other provisions of the Convention*, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under section 9003(b) of this title may take or cause to be taken measures under Federal or State* law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition.
No court exercising jurisdiction of an action brought under section 9003(b) of this title may, under subsection (a) of this section, order a child removed from a person* having physical control of the child unless the applicable requirements of State law are satisfied.
Source credit: (Pub. L. 100–300, § 5, Apr. 29, 1988, 102 Stat. 439.)
- 1988Enacted · Pub. L. 100-300 · 102 Stat. 439
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-300 on 1988-04-29.
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