U.S. : Court order for travel expences

by | May 29, 2022

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.