The International Child Abduction Remedies Act (ICARA) is a United States federal law.
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.
As such, Hague Convention cases under ICARA may be heard in either State or Federal courts.
The petitioner bears the initial burden of proving, by a preponderance of the evidence, that the removal or retention of the child was "wrongful".
§9003(e)(2)] Though similar in principle, consent and acquiescence are distinguishable temporally: "The consent defense involves the petitioner's conduct prior to the contested removal or retention, while acquiescence addresses whether the petitioner subsequently agreed to or accepted the removal or retention."