U.S. Code » Title 22 » Chapter CHAPTER 97— INTERNATIONAL CHILD ABDUCTION REMEDIES

22 U.S.C. § 9007

Costs and fees

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(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 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.(3) 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.(Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.)Editorial NotesCodification

Section was formerly classified to section 11607 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 124 cases (86 in the last 5 years), 2014–2026 · leading case: Kevin Coe v. Seon Hwa Coe, 788 S.E.2d 261 (Va. Ct. App. 2016).
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Kevin Coe v. Seon Hwa Coe, 788 S.E.2d 261 (Va. Ct. App. 2016). · cites it 6× “§ 11607 (b) (presently 22 U.S.C. § 9007 (b)), that father pay a total of $29,955.”
Souratgar v. Fair, 818 F.3d 72 (2d Cir. 2016). · cites it 5× “” 22 U.S.C. § 9007 (b)(3). That determination requires district courts to weigh relevant equitable factors, including intimate partner violence.”
Jan Rath v. Veronika Marcoski, 898 F.3d 1306 (11th Cir. 2018). · cites it 2× “" 22 U.S.C. § 9007 (b)(3). The district court held that respondent failed to meet her burden under ICARA and awarded fees and costs to petitioner.”
Antini v. Antini, 440 P.3d 57 (Okla. 2019). · cites it 2× “43, § 551-312 (2011) Official Comment; see also , 22 U.S.C. § 9007 2 42 U.S.C. § 11607 (b)(3) has been re-codified at 22 U.”
Mario Pliego v. Amanda Hayes, 843 F.3d 226 (6th Cir. 2016). · cites it 2× “As required under ICARA’s fee-shifting provisions, 22 U.S.C. § 9007 (b)(3) (2012), the court held in a separate order that Pliego was entitled to an award of $100,471.”
Brandon v. Guilford Cnty. Bd. of Elections, 921 F.3d 194 (4th Cir. 2019). · cites it 2× “, 22 U.S.C. § 9007 (b)(3) (the court “shall order the respondent to pay necessary expenses … unless the respondent establishes that such order would be clearly inappropriate” (emphasis added)).”
Antini v. Antini, 2019 OK 20 (Okla. 2019). · cites it 2× “43, § 551-312 (2011) Official Comment; see also , 22 U.S.C. § 9007 2 42 U.S.C. § 11607 (b)(3) has been re-codified at 22 U.”
Cunningham v. Cunningham, 237 F. Supp. 3d 1246 (M.D. Fla. 2017). · cites it 2× “Petitioner shall have up to and including March 3, 2017, to file any motion to recover necessary expenses incurred in this action pursuant to 22 U.S.C. § 9007 (b)(3). 37 7. The Clerk of the Court is directed to immediately release the Child’s passport to Petitioner or her…”
Cartes v. Phillips, 240 F. Supp. 3d 669 (S.D. Tex. 2017). · cites it 2× “pursuant to 22 U.S.C. § 9007 . He has only recently filed proof of such expenditures to date.”
De Aguiar Dias v. De Souza, 212 F. Supp. 3d 259 (D. Mass. 2016). · cites it 2× “22 U.S.C. § 9007 (b)(3). However, “two issues remain: first, whether the claimed expenses are ‘necessary,’ and second, whether an order against respondent would be ‘clearly inappropriate.”
Stead v. Menduno, 77 F. Supp. 3d 1029 (D. Colo. 2014). “” 22 U.S.C. § 9007 (b)(3). Section 9007(b)(3) provides district courts with “broad discretion” with respect to fees and costs “in its effort to comply with the Hague Convention consistently with our own laws and standards.”
Tavarez v. Jarrett, 252 F. Supp. 3d 629 (S.D. Tex. 2017). “22 U.S.C. § 9007 (b)(3). Petitioner shall submit to this Court her motion for fees pursuant to the lodestar method.”
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— 22 U.S.C. § 9007(b)(8) — 1 case
De Aguiar Dias v. De Souza, 212 F. Supp. 3d 259 (D. Mass. 2016). “22 U.S.C. § 9007 (b)(3). However, “two issues remain: first, whether the claimed expenses are ‘necessary,’ and second, whether an order against respondent would be ‘clearly inappropriate.”
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