U.S. : Court order for travel expences
The International Child Abduction Remedy Act (ICARA) provides a number of options for the judge to specify very precisely how the child’s return should proceed.
One such option is for the court to determine that the abducting parent must pay the travel expenses involved in the child’s return, except where that parent can demonstrate that such an award of expenses would be clearly inappropriate.
The costs of the return can be quite substantial, especially since the child will most likely not travel alone. If the abducting parent does not wish to return and is also unwilling to return the child to the country of habitual residence by himself, the other parent will have to travel back and forth to collect the child. Under ICARA (42 U.S.C. 11607(b)(3), that parent may recover travel expenses in any event.
It is worth paying attention to this in proceedings, as child abduction cases often already involve significant costs in legal aid fees, travel expenses to attend the hearing or to be able to see the children and, for example, the costs of interpreters and translators.
Section 11607. – Costs and fees
(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 11603 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 11603 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
Read the International Child Abduction Remedy Act on the website of the U.S. Government.
Read more about International Child Abduction
Read more about child relocation and child abduction in:
- United States of America – California
- United States of America – New York
- United States of America – Washington
- United States of America – South Carolina