Title 22 — Foreign Relations and Intercourse
Chapter 97 — International Child Abduction Remedies
§ 9007. Costs and fees
Statutory text
Administrative costs
No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention.
Costs incurred in civil actions
Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3).
Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 9003 of this title shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.
Any court ordering the return of a child pursuant to an action brought under section 9003 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
International Child Abduction Remedies Act
Pub. L. 100–300 § 8 · 102 Stat. 437
Enacted · 22 U.S.C. § 9007
(Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.)
Source evidence
Code source credit
(Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.)Enacted provision · exact public law section
SEC. 8. COSTS AND FEES. (a) Administrative Costs.— No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention. (b) Costs Incurred in Civil Actions.— (1) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3). (2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. (3) Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 11607 of Title 42, The Public Health and Welfare.