Yes, the International Parental Kidnapping Crime Act (18 U.S.C. 1204) makes it a Federal crime. It applies to children who have been living in the United States. According to this law, it is a crime to remove or retain a child in a foreign country with intent to obstruct the lawful exercise of parental rights. This crime is punishable by a fine, imprisonment for not more than three years, or both. In addition, interference with a parent's rights of custody is a felony in every state. We take wrongful removal or retention of a child very seriously.

The United States has two separate court systems, a federal court system and a state court system. Both have authority to hear a Hague Abduction Convention case under the International Child Abduction Remedies Act, 22 USC 9003). With your attorney, you will need to decide which option is best for your situation - state or federal court. 

The organization of each states’ courts can vary. Each state is free to adopt any organization it chooses, to name those courts, and to establish the scope of the courts’ jurisdiction. Generally, however, state courts consist of trial courts and appellate courts. Some courts also have established specialized family courts within their trial courts. Trial courts would be the first court to hear a Convention case within the state court system.

In the United States, a person facing criminal prosecution has the right to free legal representation. There is no such right to free legal representation in civil (non-criminal) cases. Additionally, the United States objected to Article 26 of the Convention. This article requires countries to provide free legal representation to left-behind parents unless the country objects. Because of this, parents seeking return of or access to their children must pay the cost of legal representation. In addition to the attorney's fees, costs may also include court filing fees and translation services.

The Office of Children's Issues maintains a network of attorneys willing to provide legal assistance. These attorneys may accept incoming Convention cases for a reduced fee or no fee. This will depend on the applicant's financial situation. Eligible Hague applicants may request pro bono (no fee) or reduced fee legal assistance. Our office will attempt to develop a list of possible attorneys. There is never a guarantee that an attorney will volunteer to take the case. Our office can also provide a list of full fee attorneys upon request. These attorneys can work on incoming Hague Convention cases and some may work on non-Hague cases also.

You have a right to represent yourself in your Convention case. You will typically need to file papers with the appropriate court clerk’s office. These papers inform the court that you will be representing yourself. Representing yourself in court can be very difficult. The legal process is complex and can be confusing. The Office of Children’s Issues recommends that you find an attorney to represent you.

The clerk of the court, along with other court staff, handles the day-to-day work of the court. They make courtroom arrangements, keep records of case proceedings, prepare orders and judgments. They also collect court fines and fees and disburse judicial monies. In the majority of states the clerk of court is elected and may be referred to by other titles.

Getting Your Custody Order Recognized & Enforced in the U.S.

According to the Convention, a court may deny the return of your child. The Convention outlines some limited circumstances where this might happen:

• If there is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation” (Article 13b);
• If “the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of” the child’s views (Article 13b);
• If a year or more has passed since the date of the wrongful removal or retention before court proceedings commence and it is demonstrated that the child is settled in the new environment (Article 12); or
• If the return of the child would be in violation of the United States’ fundamental principles on the “protection of human rights and fundamental freedoms” (Article 20).  

• In many cases, you have a right to appeal the decision if you believe the court improperly denied the return of your child. The appeal would go to a higher court. The other parent has the same right if the court orders return. Generally, the appellate court (the court that you appeal to) examines the original case to decide whether the original decision was legally correct.