22 U.S.C. § 9002

Definitions

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For the purposes of this chapter—(1) the term “applicant” means any person who, pursuant to the Convention, files an application with the United States Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been wrongfully removed or retained or for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;(2) the term “Convention” means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980;(3) the term “Parent Locator Service” means the service established by the Secretary of Health and Human Services under section 653 of title 42;(4) the term “petitioner” means any person who, in accordance with this chapter, files a petition in court seeking relief under the Convention;(5) the term “person” includes any individual, institution, or other legal entity or body;(6) the term “respondent” means any person against whose interests a petition is filed in court, in accordance with this chapter, which seeks relief under the Convention;(7) the term “rights of access” means visitation rights;(8) the term “State” means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and(9) the term “United States Central Authority” means the agency of the Federal Government designated by the President under section 9006(a) of this title.(Pub. L. 100–300, § 3, Apr. 29, 1988, 102 Stat. 437.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 9001 of this title and Tables.

Codification

Section was formerly classified to section 11602 of Title 42, The Public Health and Welfare.

Notes of Decisions

Cited in 7 cases (6 in the last 5 years), 2019–2025 · leading case: Marcelllinus Pfeiffer v. Rachel Bachotet, 913 F.3d 1018 (11th Cir. 2019).

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Marcelllinus Pfeiffer v. Rachel Bachotet, 913 F.3d 1018 (11th Cir. 2019). “" See 22 U.S.C. § 9002 (7). Rights of custody, on the other hand, are broader rights; as we have noted above and as Article 5(a) states, those rights include "rights relating to the care of the person of the child and, in particular, the right to determine the child's place of…”

Gonzalez v. Solin (M.D. Fla. 2022). “; 22 U.S.C. § 9002 (7). Once a petition has been filed, the Court is empowered to “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…”

Jorge Guevara-Martinez v. Alexandria Dep't of Cmty. & Human Servs. (Va. Ct. App. 2024). “See 22 U.S.C. §§ 9002 (8), 9003(a); Coe, 66 Va.”

Carlos De La Melena v. Joanna Patricia Montezuma Panez (Fla. 6th DCA 2024). “Turning to whether Child came within the “well settled in her new environment” exception, this term is not specifically defined in the Hague Convention, nor does 22 U.S.C. § 9002 define “well settled” for purposes of these proceedings.”

Jorge Guevara-Martinez v. Alexandria Dep't of Cmty. & Human Servs. (Va. Ct. App. 2025). “See 22 U.S.C. §§ 9002 (8), 9003(a); Coe, 66 Va.”

Garcia (E.D.N.C. 2025). “” 22 U.S.C. § 9002 (7) U.S. 1 at 9. With respondent absent from Mexico, petitioner was the only parent present and able to take custody, care, and guardianship of the children.”

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