What is the burden of making a formal demand for the return of a child from the respondent before the respondent makes a formal request for the child's return?

As to the question of prejudice to the respondent prior to her Formal request for the return of the child, it is untenable that the burden of making formal demand for the return of the child should be borne by the respondent. Indeed, the court's reasoning in Duchesne v. Sugarman, 566 F.2d 817 (Ct.App. 2d Cir., 1977) is particularly apposite here: "(T)he state cannot constitutionally 'sit back and wait' for the parent to institute judicial proceedings . . . The burden of initiating judicial review must be shouldered by the government. We deal here with an uneven situation in which the government has a far greater familiarity with the legal procedures available for testing its action." At 828.