[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR884.9]

[Page 203-204]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 884_DELIVERY OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES 
FOR TRIAL--Table of Contents
 
Sec. 884.9  Requests for custody of members stationed outside the United 
States.

    (a) Authority. This section implements Pub. L. 100-456, section 
721(a), and DoD Directive 5525.9, December 27, 1988.
    (b) The Air Force expects members to comply with orders issued by 
Federal or state court of competent jurisdiction, unless noncompliance 
is legally

[[Page 204]]

justified. Air Force members who persist in noncompliance are subject to 
adverse administrative action, including separation for cause under AFI 
36-3206, Administrative Discharge Procedures, and AFI 36-3208, 
Administrative Separation of Airmen.
    (c) Air Force officials will ensure that members do not use 
assignments or officially sponsored residence outside the United States 
to avoid compliance with valid orders of Federal or state court of 
competent jurisdiction.
    (d) Noncompliance with a court order may be legally justified when 
the individual can adequately demonstrate that the conduct, which is the 
subject of the complaint or request, was sanctioned by supplemental 
court orders, equally valid court orders of other jurisdictions, good 
faith legal efforts to resist the request, or other reasons. HQ USAF/
JAG, HQ AFLSA/JACA, and Air Force legal offices in the jurisdiction 
concerned will provide legal support to servicing staff judge advocates 
who request assistance in reviewing these issues.
    (e) When Federal, state, or local authorities request delivery of an 
Air Force member stationed outside the United States who is convicted of 
or charged with a felony or other serious offense or who is sought by 
such authorities in connection with the unlawful or contemptuous taking 
of a child from the jurisdiction of a court or from the lawful custody 
of another person, the member's commander will normally expeditiously 
return the member to the United States for delivery to the requesting 
authorities.
    (1) A serious offense is defined as one punishable by confinement 
for more than 1 year under the laws of the requesting jurisdiction.
    (2) Delivery of the member is not required if the controversy can be 
resolved without returning the member to the United States or if the 
request for delivery of the member is denied in accordance with this 
instruction.
    (f) Ordinarily, do not return an Air Force member stationed outside 
the United States to the United States for delivery to civilian 
authorities if the offense is not specified in paragraph (e) of this 
section. TJAG may direct return when deemed appropriate under the facts 
and circumstances of the particular case.
    (g) Before taking action under this section, give the member the 
opportunity to provide evidence of legal efforts to resist the court 
order or process sought to be enforced or otherwise to show legitimate 
cause for noncompliance.\4\
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    \4\ See footnote in Sec. 884.1
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