(b) As used in this section -

        (1) the term ''child'' means a person who has not attained the age of 16 
              years; and

        (2) the term ''parental rights'', with respect to a child, means the right to 
              physical custody of the child -

          (A) whether joint or sole (and includes visiting rights); and

          (B) whether arising by operation of law, court order, or
                legally binding agreement of the parties.

        (1) the defendant acted within the provisions of a valid court order
              granting the defendant legal custody or visitation rights and that
              order was  obtained pursuant to the Uniform Child Custody
              Jurisdiction Act and was in effect at the time of the offense;

        (2) the defendant was fleeing an incidence or pattern of domestic
              violence;

        (3) the defendant had physical custody of the child pursuant to a court
              order granting legal custody or visitation rights and failed to return
              the child as a result of circumstances beyond the defendant's control,
              and the defendant notified or made reasonable attempts to notify the
              other parent or lawful custodian of the child of such circumstances
              within 24 hours after the visitation period had expired and returned
              the child as soon as possible.

(d) This section does not detract from The Hague Convention on the Civil 
     Aspects of International Parental Child Abduction, done at The Hague on 
     October 25, 1980.
 

SOURCE
(Added Pub. L. 103-173, Sec. 2(a), Dec. 2, 1993, 107 Stat. 1998.)
 

SENSE OF CONGRESS REGARDING USE OF PROCEDURES UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL PARENTAL CHILD ABDUCTION
Section 2(b) of Pub. L. 103-173 provided that: ''It is the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.''