|
proceeding through an attorney and is not present before the court. |
|
| | This section authorizes the court to utilize whatever means | are available under local law to ensure the appearance of the | petitioner and child at the enforcement hearing. Such means | might include cash bonds, a surrender of a passport, or whatever | the court determines is necessary. |
|
| §1772.__Costs, fees and expenses |
|
| | 1.__Award to prevailing party; exception.__The court shall | award the prevailing party, including a state, necessary and | reasonable expenses incurred by or on behalf of the party, | including costs, communication expenses, attorney's fees, | investigative fees, expenses for witnesses, travel expenses and | child care during the course of the proceedings, unless the party | from whom fees or expenses are sought establishes that the award | would be clearly inappropriate. |
|
| | 2.__Award against a state.__The court may not assess fees, | costs or expenses against a state unless authorized by law other | than this chapter. |
|
| | This section is derived from the International Child Abduction | Remedies Act, 42 U.S.C. § 11607(b)(3). Normally the court will | award fees and costs against the non-prevailing party. Included | as expenses are the amount of investigation fees incurred by | private persons or by public officials as well as the cost of | child placement during the proceedings. |
|
| | The non-prevailing party has the burden of showing that such | an award would be clearly inappropriate. Fees and costs may be | inappropriate if their payment would cause the parent and child | to seek public assistance. |
|
| | This section implements the policies of Section 8(c) of Pub.L. | 96-611 (part of the PKPA) which provides that: |
|
| | In furtherance of the purposes of section 1738A of title 28, | United States Code [this section], as added by subsection (a) of | this section, State courts are encouraged to - (2) award to the | person entitled to custody or visitation pursuant to a custody | determination which is consistent with the provisions of such | section 1738A [this section], necessary travel expenses, | attorneys' fees, costs of private investigations, witness fees or | expenses, and other expenses incurred in connection with such | custody | determination ... . |
|
|