{"identifier":"/us/usc/t22/s9101","title":22,"num":"\u00a7\u202f9101.","heading":"Definitions","text":"\u00a7\u202f9101.\nDefinitions\nIn this chapter:\n(1)\nAbducted child\nThe term \u201cabducted child\u201d means a child who is the victim of international child abduction.\n(2)\nAbduction\nThe term \u201cabduction\u201d means the alleged wrongful removal of a child from the child\u2019s country of habitual residence, or the wrongful retention of a child outside such country, in violation of a left-behind parent\u2019s custodial rights, including the rights of a military parent.\n(3)\nAbduction case\nThe term abduction case\n(A) a case that\u2014\n(i) has been reported to the Central Authority of the United States by a left-behind parent for the resolution of an abduction;\n(ii) meets the criteria for an international child abduction under the Hague Abduction Convention, regardless of whether the country at issue is a Convention country; and\n(B) includes any case reported involving an application filed with the Central Authority of the United States or directly with the foreign central authority by a parent seeking rights of access or return.\n(4)\nAccess case\nThe term \u201caccess case\u201d means a case involving an application filed with the Central Authority of the United States by a parent seeking rights of access.\n(5)\nAnnual Report\nThe term \u201cAnnual Report\u201d means the Annual Report on International Child Abduction required under\nsection 9111 of this title\n(6)\nApplication\nThe term \u201capplication\u201d means\u2014\n(A) in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention;\n(B) in the case of a bilateral procedures country, the formal document required, pursuant to the provisions of the applicable arrangement, to request the return of an abducted child or to request rights of access, as applicable; and\n(C) in the case of a non-Convention country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of contact with an abducted child.\n(7)\nAppropriate congressional committees\nThe term \u201cappropriate congressional committees\u201d means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.\n(8)\nBilateral procedures\nThe term \u201cbilateral procedures\u201d means any procedures established by, or pursuant to, a bilateral arrangement, including a Memorandum of Understanding between the United States and another country, to resolve abduction and access cases, including procedures to address interim contact matters.\n(9)\nBilateral procedures country\nThe term \u201cbilateral procedures country\u201d means a country with which the United States has entered into bilateral procedures, including Memoranda of Understanding, with respect to child abductions.\n(10)\nCentral Authority\nThe term \u201cCentral Authority\u201d means\u2014\n(A) in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention;\n(B) in the case of a bilateral procedures country, the official entity designated by the government of the bilateral procedures country within the applicable memorandum of understanding pursuant to\nsection 9113(b)(1) of this title\n(C) in the case of a non-Convention country, the foreign ministry or other appropriate authority of such country.\n(11)\nChild\nThe term \u201cchild\u201d means an individual who has not attained 18 years of age.\n(12)\nConvention country\nThe term \u201cConvention country\u201d means a country for which the Hague Abduction Convention has entered into force with respect to the United States.\n(13)\nHague Abduction Convention\nThe term \u201cHague Abduction Convention\u201d means the Convention on the Civil Aspects of International Child Abduction, done at The Hague\nOctober 25, 1980\n(14)\nInterim contact\nThe term \u201cinterim contact\u201d means the ability of a left-behind parent to communicate with or visit an abducted child during the pendency of an abduction case.\n(15)\nLeft-behind parent\nThe term \u201cleft-behind parent\u201d means an individual or legal custodian who alleges that an abduction has occurred that is in breach of rights of custody attributed to such individual.\n(16)\nNon-Convention country\nThe term \u201cnon-Convention country\u201d means a country in which the Hague Abduction Convention has not entered into force with respect to the United States.\n(17)\nOverseas military dependent child\nThe term \u201coverseas military dependent child\u201d means a child whose habitual residence is the United States according to United States law even though the child is residing outside the United States with a military parent.\n(18)\nOverseas military parent\nThe term \u201coverseas military parent\u201d means an individual who\u2014\n(A) has custodial rights with respect to a child; and\n(B) is serving outside the United States as a member of the United States Armed Forces.\n(19)\nPattern of noncompliance\n(A)\nIn general\nThe term \u201cpattern of noncompliance\u201d means the persistent failure\u2014\n(i) of a Convention country to implement and abide by provisions of the Hague Abduction Convention;\n(ii) of a non-Convention country to abide by bilateral procedures that have been established between the United States and such country; or\n(iii) of a non-Convention country to work with the Central Authority of the United States to resolve abduction cases.\n(B)\nPersistent failure\nPersistent failure under subparagraph (A) may be evidenced in a given country by the presence of 1 or more of the following criteria:\n(i) Thirty percent or more of the total abduction cases in such country are unresolved abduction cases.\n(ii) The Central Authority regularly fails to fulfill its responsibilities pursuant to\u2014\n(I) the Hague Abduction Convention; or\n(II) any bilateral procedures between the United States and such country.\n(iii) The judicial or administrative branch, as applicable, of the national government of a Convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the Hague Abduction Convention or bilateral procedures, as applicable.\n(iv) Law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the government of the country in abduction cases.\n(20)\nRights of access\nThe term \u201crights of access\u201d means the establishment of rights of contact between a child and a parent seeking access in Convention countries\u2014\n(A) by operation of law;\n(B) through a judicial or administrative determination; or\n(C) through a legally enforceable arrangement between the parties.\n(21)\nRights of custody\nThe term \u201crights of custody\u201d means rights of care and custody of a child, including the right to determine the place of residence of a child, under the laws of the country in which the child is a habitual resident\u2014\n(A) attributed to an individual or legal custodian; and\n(B) arising\u2014\n(i) by operation of law; or\n(ii) through a judicial or administrative decision; or\n(iii) through a legally enforceable arrangement between the parties.\n(22)\nRights of interim contact\nThe term \u201crights of interim contact\u201d means the rights of contact between a child and a left-behind parent, which has been provided as a provisional measure while an abduction case is pending, under the laws of the country in which the child is located\u2014\n(A) by operation of law; or\n(B) through a judicial or administrative determination; or\n(C) through a legally enforceable arrangement between the parties.\n(23)\nUnresolved abduction case\n(A)\nIn general\nSubject to subparagraph (B), the term \u201cunresolved abduction case\u201d means an abduction case that remains unresolved for a period that exceeds 12 months after the date on which the completed application for return of the child is submitted for determination to the judicial or administrative authority, as applicable, in the country in which the child is located.\n(B)\nResolution of case\nAn abduction case shall be considered to be resolved if\u2014\n(i) the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if applicable;\n(ii) the judicial or administrative branch, as applicable, of the government of the country in which the child is located has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable;\n(iii) the left-behind parent reaches a voluntary arrangement with the other parent;\n(iv) the left-behind parent submits a written withdrawal of the application or the request for assistance to the Department of State;\n(v) the left-behind parent cannot be located for 1 year despite the documented efforts of the Department of State to locate the parent; or\n(vi) the child or left-behind parent is deceased.","url":"https://projectusc.org/usc/t22/s9101.html","content":[{"t":"sec","id":"/us/usc/t22/s9101","children":[{"t":"num","text":"\u00a7\u202f9101."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t22/s9101/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Abducted child"},{"t":"content","children":[{"t":"p","text":"The term \u201cabducted child\u201d means a child who is the victim of international child abduction.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Abduction"},{"t":"content","children":[{"t":"p","text":"The term \u201cabduction\u201d means the alleged wrongful removal of a child from the child\u2019s country of habitual residence, or the wrongful retention of a child outside such country, in violation of a left-behind parent\u2019s custodial rights, including the rights of a military parent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Abduction case"},{"t":"chapeau","text":"The term abduction case\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The defined term probably should be within quotation marks."},{"t":"text","text":"\u202fSo in original. The defined term probably should be within quotation marks.","tail":" means\u2014"}]},{"t":"subpara","id":"/us/usc/t22/s9101/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" a case that\u2014"},{"t":"clause","id":"/us/usc/t22/s9101/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has been reported to the Central Authority of the United States by a left-behind parent for the resolution of an abduction;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" meets the criteria for an international child abduction under the Hague Abduction Convention, regardless of whether the country at issue is a Convention country; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes any case reported involving an application filed with the Central Authority of the United States or directly with the foreign central authority by a parent seeking rights of access or return.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Access case"},{"t":"content","children":[{"t":"p","text":"The term \u201caccess case\u201d means a case involving an application filed with the Central Authority of the United States by a parent seeking rights of access.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Annual Report"},{"t":"content","children":[{"t":"p","text":"The term \u201cAnnual Report\u201d means the Annual Report on International Child Abduction required under ","children":[{"t":"ref","text":"section 9111 of this title","href":"/us/usc/t22/s9111","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Application"},{"t":"chapeau","text":"The term \u201capplication\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" in the case of a bilateral procedures country, the formal document required, pursuant to the provisions of the applicable arrangement, to request the return of an abducted child or to request rights of access, as applicable; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" in the case of a non-Convention country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of contact with an abducted child.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Appropriate congressional committees"},{"t":"content","children":[{"t":"p","text":"The term \u201cappropriate congressional committees\u201d means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Bilateral procedures"},{"t":"content","children":[{"t":"p","text":"The term \u201cbilateral procedures\u201d means any procedures established by, or pursuant to, a bilateral arrangement, including a Memorandum of Understanding between the United States and another country, to resolve abduction and access cases, including procedures to address interim contact matters.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Bilateral procedures country"},{"t":"content","children":[{"t":"p","text":"The term \u201cbilateral procedures country\u201d means a country with which the United States has entered into bilateral procedures, including Memoranda of Understanding, with respect to child abductions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Central Authority"},{"t":"chapeau","text":"The term \u201cCentral Authority\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" in the case of a bilateral procedures country, the official entity designated by the government of the bilateral procedures country within the applicable memorandum of understanding pursuant to ","children":[{"t":"ref","text":"section 9113(b)(1) of this title","href":"/us/usc/t22/s9113/b/1","tail":" to discharge the duties imposed on the entity; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/10/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" in the case of a non-Convention country, the foreign ministry or other appropriate authority of such country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Child"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild\u201d means an individual who has not attained 18 years of age.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Convention country"},{"t":"content","children":[{"t":"p","text":"The term \u201cConvention country\u201d means a country for which the Hague Abduction Convention has entered into force with respect to the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Hague Abduction Convention"},{"t":"content","children":[{"t":"p","text":"The term \u201cHague Abduction Convention\u201d means the Convention on the Civil Aspects of International Child Abduction, done at The Hague ","children":[{"t":"text","text":"October 25, 1980","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Interim contact"},{"t":"content","children":[{"t":"p","text":"The term \u201cinterim contact\u201d means the ability of a left-behind parent to communicate with or visit an abducted child during the pendency of an abduction case.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Left-behind parent"},{"t":"content","children":[{"t":"p","text":"The term \u201cleft-behind parent\u201d means an individual or legal custodian who alleges that an abduction has occurred that is in breach of rights of custody attributed to such individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Non-Convention country"},{"t":"content","children":[{"t":"p","text":"The term \u201cnon-Convention country\u201d means a country in which the Hague Abduction Convention has not entered into force with respect to the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Overseas military dependent child"},{"t":"content","children":[{"t":"p","text":"The term \u201coverseas military dependent child\u201d means a child whose habitual residence is the United States according to United States law even though the child is residing outside the United States with a military parent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Overseas military parent"},{"t":"chapeau","text":"The term \u201coverseas military parent\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/18/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has custodial rights with respect to a child; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/18/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is serving outside the United States as a member of the United States Armed Forces.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"Pattern of noncompliance"},{"t":"subpara","id":"/us/usc/t22/s9101/19/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cpattern of noncompliance\u201d means the persistent failure\u2014"},{"t":"clause","id":"/us/usc/t22/s9101/19/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" of a Convention country to implement and abide by provisions of the Hague Abduction Convention;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/19/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" of a non-Convention country to abide by bilateral procedures that have been established between the United States and such country; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/19/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" of a non-Convention country to work with the Central Authority of the United States to resolve abduction cases.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/19/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Persistent failure"},{"t":"chapeau","text":"Persistent failure under subparagraph (A) may be evidenced in a given country by the presence of 1 or more of the following criteria:"},{"t":"clause","id":"/us/usc/t22/s9101/19/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Thirty percent or more of the total abduction cases in such country are unresolved abduction cases.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/19/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" The Central Authority regularly fails to fulfill its responsibilities pursuant to\u2014"},{"t":"subclause","id":"/us/usc/t22/s9101/19/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the Hague Abduction Convention; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t22/s9101/19/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" any bilateral procedures between the United States and such country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/19/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" The judicial or administrative branch, as applicable, of the national government of a Convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the Hague Abduction Convention or bilateral procedures, as applicable.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/19/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" Law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the government of the country in abduction cases.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Rights of access"},{"t":"chapeau","text":"The term \u201crights of access\u201d means the establishment of rights of contact between a child and a parent seeking access in Convention countries\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/20/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" by operation of law;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/20/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" through a judicial or administrative determination; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/20/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" through a legally enforceable arrangement between the parties.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Rights of custody"},{"t":"chapeau","text":"The term \u201crights of custody\u201d means rights of care and custody of a child, including the right to determine the place of residence of a child, under the laws of the country in which the child is a habitual resident\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/21/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" attributed to an individual or legal custodian; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/21/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" arising\u2014"},{"t":"clause","id":"/us/usc/t22/s9101/21/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" by operation of law; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/21/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" through a judicial or administrative decision; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/21/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" through a legally enforceable arrangement between the parties.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Rights of interim contact"},{"t":"chapeau","text":"The term \u201crights of interim contact\u201d means the rights of contact between a child and a left-behind parent, which has been provided as a provisional measure while an abduction case is pending, under the laws of the country in which the child is located\u2014"},{"t":"subpara","id":"/us/usc/t22/s9101/22/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" by operation of law; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/22/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" through a judicial or administrative determination; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/22/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" through a legally enforceable arrangement between the parties.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9101/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Unresolved abduction case"},{"t":"subpara","id":"/us/usc/t22/s9101/23/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to subparagraph (B), the term \u201cunresolved abduction case\u201d means an abduction case that remains unresolved for a period that exceeds 12 months after the date on which the completed application for return of the child is submitted for determination to the judicial or administrative authority, as applicable, in the country in which the child is located.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9101/23/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Resolution of case"},{"t":"chapeau","text":"An abduction case shall be considered to be resolved if\u2014"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if applicable;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the judicial or administrative branch, as applicable, of the government of the country in which the child is located has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the left-behind parent reaches a voluntary arrangement with the other parent;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the left-behind parent submits a written withdrawal of the application or the request for assistance to the Department of State;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" the left-behind parent cannot be located for 1 year despite the documented efforts of the Department of State to locate the parent; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9101/23/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" the child or left-behind parent is deceased.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}