International Child Abduction Remedies Act
The International Child Abduction Remedies Act (ICARA) is a United States federal law. H.R. 3971 29 April 1988, was assigned Public law 100-300 in 22 U.S.C. 9001 et seq.
ICARA establishes procedures to implement the Hague Convention on the Civil Aspects of International Child Abduction done at The Hague on October 25, 1980 and for other purposes.
The two primary goals of the Hague Convention are, "to ensure the prompt return of children to the state of their habitual residence when they have been wrongfully removed," and "to ensure that rights of custody i.e., "physical custody" and of access i.e., "visitation" under the law of one Contracting State are effectively respected in the other Contracting States". The Convention's procedures "are not designed to settle international custody disputes, but rather to restore the status quo prior to any wrongful removal or retention, and to deter parents from engaging in international forum shopping in custody cases."[1]
Burden of proof[edit]
The petitioner bears the initial burden of proving, by a preponderance of the evidence, that the removal or retention of the child was "wrongful".[22 U.S.C. §9003(e)(1)(A)]. Once this has been demonstrated, the burden shifts to the respondent to prove an affirmative defense. Because the affirmative defenses are narrowly construed a trial court still retains the discretion to order the child's return, even where such a defense has been accredited.