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HR 3971 - 100

International Child Abduction Remedies Act

Became Public Law No: 100-300.

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Summary

35 Passed Senate amended Apr 3, 2004

(Measure passed Senate, amended) International Child Abduction Remedies Act - Grants State courts and U.S. district courts concurrent original jurisdiction with regard to actions arising under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Retains Federal court jurisdiction in cases arising under the Convention where such jurisdiction would otherwise exist under Federal law (Federal question, diversity of citizenship, etc.). Sets forth requirements with regard to notice and burden of proof for such actions. Allows any court exercising jurisdiction over a petition filed pursuant to the Convention or this Act to take provisional measures under Federal or State law to protect the well-being of the child or prevent the child's removal or concealment. Prohibits any court from ordering the provisional removal of a child from the person having physical control unless the applicable requirements of State law are satisfied. States that any application submitted to the U.S. Central Authority or petition seeking judicial remedies in accordance with the terms of the Convention shall be admissible in court without regard to the need for authentication. Directs the President to designate a Federal agency to serve as the Central Authority for the United States for the purposes of: (1) issuing regulations to implement the Convention and this Act; (2) obtaining information from the Parent Locator Service; and (3) collecting, maintaining, and disseminating information for purposes relating to the Convention and this Act. Places certain limitations on the dissemination of Government information to the Central Authority. Directs the Secretary of State, the Secretary of Health and Human Services, and the Attorney General to designate Federal employees and private citizens to serve as an interagency coordinating group to monitor the operation of the Convention and provide advice on its implementation. Directs the Secretary of Health and Human Services to enter into an agreement with the Central Authority which would make the services of the Parent Locator Service available to the Central Authority. Authorizes appropriations to carry out the purposes of the Convention and this Act.

36 Passed House amended Apr 3, 2004

(Measure passed House, amended) International Child Abduction Remedies Act - Grants State courts original jurisdiction with regard to actions arising under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Retains Federal court jurisdiction in cases arising under the Convention where such jurisdiction would otherwise exist under Federal law (Federal question, diversity of citizenship, etc.). Sets forth requirements with regard to notice and burden of proof for such actions. Allows any court exercising jurisdiction over a petition filed pursuant to the Convention or this Act to take provisional measures under Federal or State law to protect the well-being of the child or prevent the child's removal or concealment. Prohibits any court from ordering the provisional removal of a child from the person having physical control unless the applicable requirements of State law are satisfied. States that any application submitted to the U.S. Central Authority or petition seeking judicial remedies in accordance with the terms of the Convention shall be admissible in court without regard to the need for authentication. Directs the President to designate a Federal agency to serve as the Central Authority for the United States for the purposes of: (1) issuing regulations to implement the Convention and this Act; (2) obtaining information from the Parent Locator Service; and (3) collecting, maintaining, and disseminating information for purposes relating to the Convention and this Act. Places certain limitations on the dissemination of Government information to the Central Authority. Directs the Secretary of State, the Secretary of Health and Human Services, and the Attorney General to designate Federal employees and private citizens to serve as an interagency coordinating group to monitor the operation of the Convention and provide advice on its implementation. Directs the Secretary of Health and Human Services to enter into an agreement with the Central Authority which would make the services of the Parent Locator Service available to the Central Authority. Authorizes appropriations to carry out the purposes of the Convention and this Act.

17 Reported to House with amendment(s) Apr 3, 2004

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 100-525) International Child Abduction Remedies Act - Grants State courts original jurisdiction with regard to actions arising under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Retains Federal court jurisdiction in cases arising under the Convention where such jurisdiction would otherwise exist under Federal law (Federal question, diversity of citizenship, etc.). Sets forth requirements with regard to notice and burden of proof for such actions. Allows any court exercising jurisdiction over a petition filed pursuant to the Convention or this Act to take provisional measures under Federal or State law to protect the well-being of the child or prevent the child's removal or concealment. Prohibits any court from ordering the provisional removal of a child from the person having physical control unless the applicable requirements of State law are satisfied. States that any application submitted to the U.S. Central Authority or petition seeking judicial remedies in accordance with the terms of the Convention shall be admissible in court without regard to the need for authentication. Directs the President to designate a Federal agency to serve as the Central Authority for the United States for the purposes of: (1) issuing regulations to implement the Convention and this Act; (2) obtaining information from the Parent Locator Service; and (3) collecting, maintaining, and disseminating information for purposes relating to the Convention and this Act. Places certain limitations on the dissemination of Government information to the Central Authority. Directs the Secretary of State, the Secretary of Health and Human Services, and the Attorney General to designate Federal employees and private citizens to serve as an interagency coordinating group to monitor the operation of the Convention and provide advice on its implementation. Directs the Secretary of Health and Human Services to enter into an agreement with the Central Authority which would make the services of the Parent Locator Service available to the Central Authority. Authorizes appropriations to carry out the purposes of the Convention and this Act.

00 Introduced in House Apr 3, 2004

International Child Abduction Remedies Act - Grants State courts and U.S. district courts original jurisdiction with regard to actions arising under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Convention). Sets forth requirements with regard to notice and burden of proof for such actions. Allows any court exercising jurisdiction over a petition filed pursuant to the Convention or this Act to take provisional measures under Federal or State law to protect the well-being of the child or prevent the child's removal or concealment. Prohibits any court from ordering the provisional removal of a child from the person having physical control unless the applicable requirements of State law are satisfied. States that any application submitted to the Central Authority for the United States or petition submitted in accordance with the terms of the Convention shall be admissible in court without regard to the need for authentication. Directs the President to designate a Federal agency to serve as Central Authority for the United States for the purpose of: (1) issuing regulations to implement the Convention and this Act; (2) obtaining information from the Federal Parent Locator Service; and (3) collecting, maintaining, and disseminating information for purposes relating to the Convention and this Act. Directs the Secretary of State, the Secretary of Health and Human Services, and the Attorney General to designate Federal employees and private citizens to serve as an interagency coordinating group to monitor the operation of the Convention and provide advice on its implementation. Authorizes appropriations to carry out the purposes of the Convention and this Act.

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Timeline

Apr 29, 1988

Signed by President.

Apr 29, 1988

Signed by President.

Apr 29, 1988

Became Public Law No: 100-300.

Apr 29, 1988

Became Public Law No: 100-300.

Apr 27, 1988

Measure Signed in Senate.

Apr 27, 1988

Presented to President.

Apr 27, 1988

Presented to President.

Apr 25, 1988

Resolving differences -- House actions: House Agreed to Senate Amendments by Voice Vote.

Apr 25, 1988

House Agreed to Senate Amendments by Voice Vote.

Apr 13, 1988

Message on Senate action sent to the House.

Apr 12, 1988

Measure laid before Senate by unanimous consent.

Apr 12, 1988

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Apr 12, 1988

Passed Senate with an amendment by Voice Vote.

Mar 29, 1988

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 605.

Mar 28, 1988

Called up by House Under Suspension of Rules.

Mar 28, 1988

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Mar 28, 1988

Passed House (Amended) by Voice Vote.

Mar 23, 1988

Reported to House (Amended) by House Committee on The Judiciary. Report No: 100-525.

Mar 23, 1988

Reported to House (Amended) by House Committee on The Judiciary. Report No: 100-525.

Mar 23, 1988

Placed on Union Calendar No: 321.

Mar 15, 1988

Committee Consideration and Mark-up Session Held.

Mar 15, 1988

Ordered to be Reported (Amended).

Feb 19, 1988

Referred to Subcommittee on Administrative Law and Governmental Relations.

Feb 18, 1988

Introduced in House

Feb 18, 1988

Introduced in House

Feb 18, 1988

Referred to House Committee on The Judiciary.

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Amendments

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