§ 3524. — Child custody arrangements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3524]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 224--PROTECTION OF WITNESSES
Sec. 3524. Child custody arrangements
(a) The Attorney General may not relocate any child in connection
with protection provided to a person under this chapter if it appears
that a person other than that protected person has legal custody of that
child.
(b) Before protection is provided under this chapter to any person
(1) who is a parent of a child of whom that person has custody, and (2)
who has obligations to another parent of that child with respect to
custody or visitation of that child under a court order, the Attorney
General shall obtain and examine a copy of such order for the purpose of
assuring that compliance with the order can be achieved. If compliance
with a visitation order cannot be achieved, the Attorney General may
provide protection under this chapter to the person only if the parent
being relocated initiates legal action to modify the existing court
order under subsection (e)(1) of this section. The parent being
relocated must agree in writing before being provided protection to
abide by any ensuing court orders issued as a result of an action to
modify.
(c) With respect to any person provided protection under this
chapter (1) who is the parent of a child who is relocated in connection
with such protection and (2) who has obligations to another parent of
that child with respect to custody or visitation of that child under a
State court order, the Attorney General shall, as soon as practicable
after the person and child are so relocated, notify in writing the
child's parent who is not so relocated that the child has been provided
protection under this chapter. The notification shall also include
statements that the rights of the parent not so relocated to visitation
or custody, or both, under the court order shall not be infringed by the
relocation of the child and the Department of Justice responsibility
with respect thereto. The Department of Justice will pay all reasonable
costs of transportation and security incurred in insuring that
visitation can occur at a secure location as designated by the United
States Marshals Service, but in no event shall it be obligated to pay
such costs for visitation in excess of thirty days a year, or twelve in
number a year. Additional visitation may be paid for, in the discretion
of the Attorney General, by the Department of Justice in extraordinary
circumstances. In the event that the unrelocated parent pays visitation
costs, the Department of Justice may, in the discretion of the Attorney
General, extend security arrangements associated with such visitation.
(d)(1) With respect to any person provided protection under this
chapter (A) who is the parent of a child who is relocated in connection
with such protection and (B) who has obligations to another parent of
that child with respect to custody or visitation of that child under a
court order, an action to modify that court order may be brought by any
party to the court order in the District Court for the District of
Columbia or in the district court for the district in which the child's
parent resides who has not been relocated in connection with such
protection.
(2) With respect to actions brought under paragraph (1), the
district courts shall establish a procedure to provide a reasonable
opportunity for the parties to the court order to mediate their dispute
with respect to the order. The court shall provide a mediator for this
purpose. If the dispute is mediated, the court shall issue an order in
accordance with the resolution of the dispute.
(3) If, within sixty days after an action is brought under paragraph
(1) to modify a court order, the dispute has not been mediated, any
party to the court order may request arbitration of the dispute. In the
case of such a request, the court shall appoint a master to act as
arbitrator, who shall be experienced in domestic relations matters. Rule
53 of the Federal Rules of Civil Procedure shall apply to masters
appointed under this paragraph. The court and the master shall, in
determining the dispute, give substantial deference to the need for
maintaining parent-child relationships, and any order issued by the
court shall be in the best interests of the child. In actions to modify
a court order brought under this subsection, the court and the master
shall apply the law of the State in which the court order was issued or,
in the case of the modification of a court order issued by a district
court under this section, the law of the State in which the parent
resides who was not relocated in connection with the protection provided
under this chapter. The costs to the Government of carrying out a court
order may be considered in an action brought under this subsection to
modify that court order but shall not outweigh the relative interests of
the parties themselves and the child.
(4) Until a court order is modified under this subsection, all
parties to that court order shall comply with their obligations under
that court order subject to the limitations set forth in subsection (c)
of this section.
(5) With respect to any person provided protection under this
chapter who is the parent of a child who is relocated in connection with
such protection, the parent not relocated in connection with such
protection may bring an action, in the District Court for the District
of Columbia or in the district court for the district in which that
parent resides, for violation by that protected person of a court order
with respect to custody or visitation of that child. If the court finds
that such a violation has occurred, the court may hold in contempt the
protected person. Once held in contempt, the protected person shall have
a maximum of sixty days, in the discretion of the Attorney General, to
comply with the court order. If the protected person fails to comply
with the order within the time specified by the Attorney General, the
Attorney General shall disclose the new identity and address of the
protected person to the other parent and terminate any financial
assistance to the protected person unless otherwise directed by the
court.
(6) The United States shall be required by the court to pay
litigation costs, including reasonable attorneys' fees, incurred by a
parent who prevails in enforcing a custody or visitation order; but
shall retain the right to recover such costs from the protected person.
(e)(1) In any case in which the Attorney General determines that, as
a result of the relocation of a person and a child of whom that person
is a parent in connection with protection provided under this chapter,
the implementation of a court order with respect to custody or
visitation of that child would be substantially impossible, the Attorney
General may bring, on behalf of the person provided protection under
this chapter, an action to modify the court order. Such action may be
brought in the district court for the district in which the parent
resides who would not be or was not relocated in connection with the
protection provided under this chapter. In an action brought under this
paragraph, if the Attorney General establishes, by clear and convincing
evidence, that implementation of the court order involved would be
substantially impossible, the court may modify the court order but
shall, subject to appropriate security considerations, provide an
alternative as substantially equivalent to the original rights of the
nonrelocating parent as feasible under the circumstances.
(2) With respect to any State court order in effect to which this
section applies, and with respect to any district court order in effect
which is issued under this section, if the parent who is not relocated
in connection with protection provided under this chapter intentionally
violates a reasonable security requirement imposed by the Attorney
General with respect to the implementation of that court order, the
Attorney General may bring an action in the district court for the
district in which that parent resides to modify the court order. The
court may modify the court order if the court finds such an intentional
violation.
(3) The procedures for mediation and arbitration provided under
subsection (d) of this section shall not apply to actions for
modification brought under this subsection.
(f) In any case in which a person provided protection under this
chapter is the parent of a child of whom that person has custody and has
obligations to another parent of that child concerning custody and
visitation of that child which are not imposed by court order, that
person, or the parent not relocated in connection with such protection,
may bring an action in the district court of the district in which that
parent not relocated resides to obtain an order providing for custody or
visitation, or both, of that child. In any such action, all the
provisions of subsection (d) of this section shall apply.
(g) In any case in which an action under this section involves court
orders from different States with respect to custody or visitation of
the same child, the court shall resolve any conflicts by applying the
rules of conflict of laws of the State in which the court is sitting.
(h)(1) Subject to paragraph (2), the costs of any action described
in subsection (d), (e), or (f) of this section shall be paid by the
United States.
(2) The Attorney General shall insure that any State court order in
effect to which this section applies and any district court order in
effect which is issued under this section are carried out. The
Department of Justice shall pay all costs and fees described in
subsections (c) and (d) of this section.
(i) As used in this section, the term ``parent'' includes any person
who stands in the place of a parent by law.
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2159.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d)(3),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 3523 of this title.
