CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT
SUBCHAPTER A. APPLICATION AND CONSTRUCTION
Sec. 152.001. APPLICATION AND CONSTRUCTION. This chapter shall
be applied and construed to promote the uniformity of the law
among the states that enact it.
Amended by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.002. CONFLICTS BETWEEN PROVISIONS. If a provision of
this chapter conflicts with a provision of this title or another
statute or rule of this state and the conflict cannot be
reconciled, this chapter prevails.
Amended by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER B. GENERAL PROVISIONS
Sec. 152.101. SHORT TITLE. This chapter may be cited as the
Uniform Child Custody Jurisdiction and Enforcement Act.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.102. DEFINITIONS. In this chapter:
(1) "Abandoned" means left without provision for reasonable and
necessary care or supervision.
(2) "Child" means an individual who has not attained 18 years of
age.
(3) "Child custody determination" means a judgment, decree, or
other order of a court providing for legal custody, physical
custody, or visitation with respect to a child. The term includes
permanent, temporary, initial, and modification orders. The term
does not include an order relating to child support or another
monetary obligation of an individual.
(4) "Child custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child
is an issue. The term includes a proceeding for divorce,
separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic
violence in which the issue may appear. The term does not include
a proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under Subchapter D.
(5) "Commencement" means the filing of the first pleading in a
proceeding.
(6) "Court" means an entity authorized under the law of a state
to establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months
of age, the term means the state in which the child lived from
birth with a parent or a person acting as a parent. A period of
temporary absence of a parent or a person acting as a parent is
part of the period.
(8) "Initial determination" means the first child custody
determination concerning a particular child.
(9) "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this chapter.
(10) "Issuing state" means the state in which a child custody
determination is made.
(11) "Legal custody" means the managing conservatorship of a
child.
(12) "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a
previous determination concerning the same child, whether or not
it is made by the court that made the previous determination.
(13) "Person acting as a parent" means a person, other than a
parent, who:
(A) has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(B) has been awarded legal custody by a court or claims a right
to legal custody under the law of this state.
(14) "Physical custody" means the physical care and supervision
of a child.
(15) "Tribe" means an Indian tribe or band, or Alaskan Native
village, that is recognized by federal law or formally
acknowledged by a state.
(16) "Visitation" means the possession of or access to a child.
(17) "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.103. PROCEEDINGS GOVERNED BY OTHER LAW. This chapter
does not govern an adoption proceeding or a proceeding pertaining
to the authorization of emergency medical care for a child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.104. APPLICATION TO INDIAN TRIBES. (a) A child
custody proceeding that pertains to an Indian child as defined in
the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et
seq.) is not subject to this chapter to the extent that it is
governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a
state of the United States for the purpose of applying this
subchapter and Subchapter C.
(c) A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional
standards of this chapter must be recognized and enforced under
Subchapter D.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.105. INTERNATIONAL APPLICATION OF CHAPTER. (a) A
court of this state shall treat a foreign country as if it were a
state of the United States for the purpose of applying this
subchapter and Subchapter C.
(b) Except as otherwise provided in Subsection (c), a child
custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional
standards of this chapter must be recognized and enforced under
Subchapter D.
(c) A court of this state need not apply this chapter if the
child custody law of a foreign country violates fundamental
principles of human rights.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.106. EFFECT OF CHILD CUSTODY DETERMINATION. A child
custody determination made by a court of this state that had
jurisdiction under this chapter binds all persons who have been
served in accordance with the laws of this state or notified in
accordance with Section 152.108 or who have submitted to the
jurisdiction of the court and who have been given an opportunity
to be heard. As to those persons, the determination is conclusive
as to all decided issues of law and fact except to the extent the
determination is modified.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.107. PRIORITY. If a question of existence or exercise
of jurisdiction under this chapter is raised in a child custody
proceeding, the question, upon request of a party, must be given
priority on the calendar and handled expeditiously.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.108. NOTICE TO PERSONS OUTSIDE STATE. (a) Notice
required for the exercise of jurisdiction when a person is
outside this state may be given in a manner prescribed by the law
of this state for service of process or by the law of the state
in which the service is made. Notice must be given in a manner
reasonably calculated to give actual notice but may be by
publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the
law of this state or by the law of the state in which the service
is made.
(c) Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.109. APPEARANCE AND LIMITED IMMUNITY. (a) A party to
a child custody proceeding, including a modification proceeding,
or a petitioner or respondent in a proceeding to enforce or
register a child custody determination, is not subject to
personal jurisdiction in this state for another proceeding or
purpose solely by reason of having participated, or of having
been physically present for the purpose of participating, in the
proceeding.
(b) A person who is subject to personal jurisdiction in this
state on a basis other than physical presence is not immune from
service of process in this state. A party present in this state
who is subject to the jurisdiction of another state is not immune
from service of process allowed under the laws of that state.
(c) The immunity granted by Subsection (a) does not extend to
civil litigation based on acts unrelated to the participation in
a proceeding under this chapter committed by an individual while
present in this state.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.110. COMMUNICATION BETWEEN COURTS. (a) In this
section, "record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(b) A court of this state may communicate with a court in
another state concerning a proceeding arising under this chapter.
(c) The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, they must be given the opportunity to present
facts and legal arguments before a decision on jurisdiction is
made.
(d) If proceedings involving the same parties are pending
simultaneously in a court of this state and a court of another
state, the court of this state shall inform the other court of
the simultaneous proceedings. The court of this state shall
request that the other court hold the proceeding in that court in
abeyance until the court in this state conducts a hearing to
determine whether the court has jurisdiction over the proceeding.
(e) Communication between courts on schedules, calendars, court
records, and similar matters may occur without informing the
parties. A record need not be made of the communication.
(f) Except as otherwise provided in Subsection (e), a record
must be made of any communication under this section. The parties
must be informed promptly of the communication and granted access
to the record.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 329, Sec. 1, eff. May
24, 2001.
Sec. 152.111. TAKING TESTIMONY IN ANOTHER STATE. (a) In
addition to other procedures available to a party, a party to a
child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and
the child, by deposition or other means allowed in this state for
testimony taken in another state. The court on its own motion may
order that the testimony of a person be taken in another state
and may prescribe the manner in which and the terms upon which
the testimony is taken.
(b) A court of this state may permit an individual residing in
another state to be deposed or to testify by telephone,
audiovisual means, or other electronic means before a designated
court or at another location in that state. A court of this state
shall cooperate with courts of other states in designating an
appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a
court of this state by technological means that do not produce an
original writing may not be excluded from evidence on an
objection based on the means of transmission.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.112. COOPERATION BETWEEN COURTS; PRESERVATION OF
RECORDS. (a) A court of this state may request the appropriate
court of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to
procedures of that state;
(3) order that an evaluation be made with respect to the custody
of a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of the
transcript of the record of the hearing, the evidence otherwise
presented, and any evaluation prepared in compliance with the
request; and
(5) order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding
with or without the child.
(b) Upon request of a court of another state, a court of this
state may hold a hearing or enter an order described in
Subsection (a).
(c) Travel and other necessary and reasonable expenses incurred
under Subsections (a) and (b) may be assessed against the parties
according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders,
decrees, records of hearings, evaluations, and other pertinent
records with respect to a child custody proceeding until the
child attains 18 years of age. Upon appropriate request by a
court or law enforcement official of another state, the court
shall forward a certified copy of those records.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER C. JURISDICTION
Sec. 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a) Except
as otherwise provided in Section 152.204, a court of this state
has jurisdiction to make an initial child custody determination
only if:
(1) this state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the
child within six months before the commencement of the proceeding
and the child is absent from this state but a parent or person
acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction under
Subdivision (1), or a court of the home state of the child has
declined to exercise jurisdiction on the ground that this state
is the more appropriate forum under Section 152.207 or 152.208,
and:
(A) the child and the child's parents, or the child and at least
one parent or a person acting as a parent, have a significant
connection with this state other than mere physical presence; and
(B) substantial evidence is available in this state concerning
the child's care, protection, training, and personal
relationships;
(3) all courts having jurisdiction under Subdivision (1) or (2)
have declined to exercise jurisdiction on the ground that a court
of this state is the more appropriate forum to determine the
custody of the child under Section 152.207 or 152.208; or
(4) no court of any other state would have jurisdiction under
the criteria specified in Subdivision (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.202. EXCLUSIVE CONTINUING JURISDICTION. (a) Except as
otherwise provided in Section 152.204, a court of this state
which has made a child custody determination consistent with
Section 152.201 or 152.203 has exclusive continuing jurisdiction
over the determination until:
(1) a court of this state determines that neither the child, nor
the child and one parent, nor the child and a person acting as a
parent, have a significant connection with this state and that
substantial evidence is no longer available in this state
concerning the child's care, protection, training, and personal
relationships; or
(2) a court of this state or a court of another state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in this state.
(b) A court of this state which has made a child custody
determination and does not have exclusive, continuing
jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination
under Section 152.201.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.203. JURISDICTION TO MODIFY DETERMINATION. Except as
otherwise provided in Section 152.204, a court of this state may
not modify a child custody determination made by a court of
another state unless a court of this state has jurisdiction to
make an initial determination under Section 152.201(a)(1) or (2)
and:
(1) the court of the other state determines it no longer has
exclusive continuing jurisdiction under Section 152.202 or that a
court of this state would be a more convenient forum under
Section 152.207; or
(2) a court of this state or a court of the other state
determines that the child, the child's parents, and any person
acting as a parent do not presently reside in the other state.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.204. TEMPORARY EMERGENCY JURISDICTION. (a) A court of
this state has temporary emergency jurisdiction if the child is
present in this state and the child has been abandoned or it is
necessary in an emergency to protect the child because the child,
or a sibling or parent of the child, is subjected to or
threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is
entitled to be enforced under this chapter and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under Sections 152.201 through 152.203, a child
custody determination made under this section remains in effect
until an order is obtained from a court of a state having
jurisdiction under Sections 152.201 through 152.203. If a child
custody proceeding has not been or is not commenced in a court of
a state having jurisdiction under Sections 152.201 through
152.203, a child custody determination made under this section
becomes a final determination, if it so provides and this state
becomes the home state of the child.
(c) If there is a previous child custody determination that is
entitled to be enforced under this chapter, or a child custody
proceeding has been commenced in a court of a state having
jurisdiction under Sections 152.201 through 152.203, any order
issued by a court of this state under this section must specify
in the order a period that the court considers adequate to allow
the person seeking an order to obtain an order from the state
having jurisdiction under Sections 152.201 through 152.203. The
order issued in this state remains in effect until an order is
obtained from the other state within the period specified or the
period expires.
(d) A court of this state which has been asked to make a child
custody determination under this section, upon being informed
that a child custody proceeding has been commenced in or a child
custody determination has been made by a court of a state having
jurisdiction under Sections 152.201 through 152.203, shall
immediately communicate with the other court. A court of this
state which is exercising jurisdiction pursuant to Sections
152.201 through 152.203, upon being informed that a child custody
proceeding has been commenced in or a child custody determination
has been made by a court of another state under a statute similar
to this section shall immediately communicate with the court of
that state to resolve the emergency, protect the safety of the
parties and the child, and determine a period for the duration of
the temporary order.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER. (a)
Before a child custody determination is made under this chapter,
notice and an opportunity to be heard in accordance with the
standards of Section 152.108 must be given to all persons
entitled to notice under the law of this state as in child
custody proceedings between residents of this state, any parent
whose parental rights have not been previously terminated, and
any person having physical custody of the child.
(b) This chapter does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
(c) The obligation to join a party and the right to intervene as
a party in a child custody proceeding under this chapter are
governed by the law of this state as in child custody proceedings
between residents of this state.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.206. SIMULTANEOUS PROCEEDINGS. (a) Except as
otherwise provided in Section 152.204, a court of this state may
not exercise its jurisdiction under this subchapter if, at the
time of the commencement of the proceeding, a proceeding
concerning the custody of the child has been commenced in a court
of another state having jurisdiction substantially in conformity
with this chapter, unless the proceeding has been terminated or
is stayed by the court of the other state because a court of this
state is a more convenient forum under Section 152.207.
(b) Except as otherwise provided in Section 152.204, a court of
this state, before hearing a child custody proceeding, shall
examine the court documents and other information supplied by the
parties pursuant to Section 152.209. If the court determines that
a child custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance
with this chapter, the court of this state shall stay its
proceeding and communicate with the court of the other state. If
the court of the state having jurisdiction substantially in
accordance with this chapter does not determine that the court of
this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to
enforce the determination has been commenced in another state. If
a proceeding to enforce a child custody determination has been
commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying,
or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for
enforcement; or
(3) proceed with the modification under conditions it considers
appropriate.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.207. INCONVENIENT FORUM. (a) A court of this state
which has jurisdiction under this chapter to make a child custody
determination may decline to exercise its jurisdiction at any
time if it determines that it is an inconvenient forum under the
circumstances and that a court of another state is a more
appropriate forum. The issue of inconvenient forum may be raised
upon motion of a party, the court's own motion, or request of
another court.
(b) Before determining whether it is an inconvenient forum, a
court of this state shall consider whether it is appropriate for
a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information
and shall consider all relevant factors, including:
(1) whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the
parties and the child;
(2) the length of time the child has resided outside this state;
(3) the distance between the court in this state and the court
in the state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume
jurisdiction;
(6) the nature and location of the evidence required to resolve
the pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence; and
(8) the familiarity of the court of each state with the facts
and issues in the pending litigation.
(c) If a court of this state determines that it is an
inconvenient forum and that a court of another state is a more
appropriate forum, the court shall stay the proceedings upon
condition that a child custody proceeding be promptly commenced
in another designated state and may impose any other condition
the court considers just and proper.
(d) A court of this state may decline to exercise its
jurisdiction under this chapter if a child custody determination
is incidental to an action for divorce or another proceeding
while still retaining jurisdiction over the divorce or other
proceeding.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.208. JURISDICTION DECLINED BY REASON OF CONDUCT. (a)
Except as otherwise provided in Section 152.204 or other law of
this state, if a court of this state has jurisdiction under this
chapter because a person seeking to invoke its jurisdiction has
engaged in unjustifiable conduct, the court shall decline to
exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under
Sections 152.201 through 152.203 determines that this state is a
more appropriate forum under Section 152.207; or
(3) no court of any other state would have jurisdiction under
the criteria specified in Sections 152.201 through 152.203.
(b) If a court of this state declines to exercise its
jurisdiction pursuant to Subsection (a), it may fashion an
appropriate remedy to ensure the safety of the child and prevent
a repetition of the unjustifiable conduct, including staying the
proceeding until a child custody proceeding is commenced in a
court having jurisdiction under Sections 152.201 through 152.203.
(c) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
Subsection (a), it shall assess against the party seeking to
invoke its jurisdiction necessary and reasonable expenses
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 are sought establishes that the assessment would
be clearly inappropriate. The court may not assess fees, costs,
or expenses against this state unless authorized by law other
than this chapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.209. INFORMATION TO BE SUBMITTED TO COURT. (a) Except
as provided by Subsection (e) or unless each party resides in
this state, in a child custody proceeding, each party, in its
first pleading or in an attached affidavit, shall give
information, if reasonably ascertainable, under oath as to the
child's present address or whereabouts, the places where the
child has lived during the last five years, and the names and
present addresses of the persons with whom the child has lived
during that period. The pleading or affidavit must state whether
the party:
(1) has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or
visitation with the child and, if so, identify the court, the
case number, and the date of the child custody determination, if
any;
(2) knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of
parental rights, and adoptions and, if so, identify the court,
the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to
the proceeding who has physical custody of the child or claims
rights of legal custody or physical custody of, or visitation
with, the child and, if so, the names and addresses of those
persons.
(b) If the information required by Subsection (a) is not
furnished, the court, upon motion of a party or its own motion,
may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in
Subsections (a)(1) through (3) is in the affirmative, the
declarant shall give additional information under oath as
required by the court. The court may examine the parties under
oath as to details of the information furnished and other matters
pertinent to the court's jurisdiction and the disposition of the
case.
(d) Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the
current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath
that the health, safety, or liberty of a party or child would be
jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other
party or the public unless the court orders the disclosure to be
made after a hearing in which the court takes into consideration
the health, safety, or liberty of the party or child and
determines that the disclosure is in the interest of justice.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 4, eff.
Sept. 1, 2003.
Sec. 152.210. APPEARANCE OF PARTIES AND CHILD. (a) In a child
custody proceeding in this state, the court may order a party to
the proceeding who is in this state to appear before the court in
person with or without the child. The court may order any person
who is in this state and who has physical custody or control of
the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order
that a notice given pursuant to Section 152.108 include a
statement directing the party to appear in person with or without
the child and informing the party that failure to appear may
result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the
safety of the child and of any person ordered to appear under
this section.
(d) If a party to a child custody proceeding who is outside this
state is directed to appear under Subsection (b) or desires to
appear personally before the court with or without the child, the
court may require another party to pay reasonable and necessary
travel and other expenses of the party so appearing and of the
child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER D. ENFORCEMENT
Sec. 152.301. DEFINITIONS. In this subchapter:
(1) "Petitioner" means a person who seeks enforcement of an
order for return of a child under the Hague Convention on the
Civil Aspects of International Child Abduction or enforcement of
a child custody determination.
(2) "Respondent" means a person against whom a proceeding has
been commenced for enforcement of an order for return of a child
under the Hague Convention on the Civil Aspects of International
Child Abduction or enforcement of a child custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.302. ENFORCEMENT UNDER HAGUE CONVENTION. Under this
subchapter a court of this state may enforce an order for the
return of the child made under the Hague Convention on the Civil
Aspects of International Child Abduction as if it were a child
custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.303. DUTY TO ENFORCE. (a) A court of this state shall
recognize and enforce a child custody determination of a court of
another state if the latter court exercised jurisdiction in
substantial conformity with this chapter or the determination was
made under factual circumstances meeting the jurisdictional
standards of this chapter and the determination has not been
modified in accordance with this chapter.
(b) A court of this state may utilize any remedy available under
other law of this state to enforce a child custody determination
made by a court of another state. The remedies provided in this
subchapter are cumulative and do not affect the availability of
other remedies to enforce a child custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.304. TEMPORARY VISITATION. (a) A court of this state
which does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination
of another state that does not provide for a specific visitation
schedule.
(b) If a court of this state makes an order under Subsection
(a)(2), the court shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order
from a court having jurisdiction under the criteria specified in
Subchapter C. The order remains in effect until an order is
obtained from the other court or the period expires.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.305. REGISTRATION OF CHILD CUSTODY DETERMINATION. (a)
A child custody determination issued by a court of another state
may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in
this state:
(1) a letter or other document requesting registration;
(2) two copies, including one certified copy, of the
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified; and
(3) except as otherwise provided in Section 152.209, the name
and address of the person seeking registration and any parent or
person acting as a parent who has been awarded custody or
visitation in the child custody determination sought to be
registered.
(b) On receipt of the documents required by Subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one copy of any accompanying documents and
information, regardless of their form; and
(2) serve notice upon the persons named pursuant to Subsection
(a)(3) and provide them with an opportunity to contest the
registration in accordance with this section.
(c) The notice required by Subsection (b)(2) must state that:
(1) a registered determination is enforceable as of the date of
the registration in the same manner as a determination issued by
a court of this state;
(2) a hearing to contest the validity of the registered
determination must be requested within 20 days after service of
notice; and
(3) failure to contest the registration will result in
confirmation of the child custody determination and preclude
further contest of that determination with respect to any matter
that could have been asserted.
(d) A person seeking to contest the validity of a registered
order must request a hearing within 20 days after service of the
notice. At that hearing, the court shall confirm the registered
order unless the person contesting registration establishes that:
(1) the issuing court did not have jurisdiction under Subchapter
C;
(2) the child custody determination sought to be registered has
been vacated, stayed, or modified by a court having jurisdiction
to do so under Subchapter C; or
(3) the person contesting registration was entitled to notice,
but notice was not given in accordance with the standards of
Section 152.108, in the proceedings before the court that issued
the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of
the registration is not made, the registration is confirmed as a
matter of law and the person requesting registration and all
persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of
law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at
the time of registration.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.306. ENFORCEMENT OF REGISTERED DETERMINATION. (a) A
court of this state may grant any relief normally available under
the law of this state to enforce a registered child custody
determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may
not modify, except in accordance with Subchapter C, a registered
child custody determination of a court of another state.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.307. SIMULTANEOUS PROCEEDINGS. If a proceeding for
enforcement under this subchapter is commenced in a court of this
state and the court determines that a proceeding to modify the
determination is pending in a court of another state having
jurisdiction to modify the determination under Subchapter C, the
enforcing court shall immediately communicate with the modifying
court. The proceeding for enforcement continues unless the
enforcing court, after consultation with the modifying court,
stays or dismisses the proceeding.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.308. EXPEDITED ENFORCEMENT OF CHILD CUSTODY
DETERMINATION. (a) A petition under this subchapter must be
verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the
petition. A copy of a certified copy of an order may be attached
instead of the original.
(b) A petition for enforcement of a child custody determination
must state:
(1) whether the court that issued the determination identified
the jurisdictional basis it relied upon in exercising
jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is sought
has been vacated, stayed, or modified by a court whose decision
must be enforced under this chapter and, if so, identify the
court, the case number, and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect
the current proceeding, including proceedings relating to
domestic violence, protective orders, termination of parental
rights, and adoptions and, if so, identify the court, the case
number, and the nature of the proceeding;
(4) the present physical address of the child and the
respondent, if known;
(5) whether relief in addition to the immediate physical custody
of the child and attorney's fees is sought, including a request
for assistance from law enforcement officials and, if so, the
relief sought; and
(6) if the child custody determination has been registered and
confirmed under Section 152.305, the date and place of
registration.
(c) Upon the filing of a petition, the court shall issue an
order directing the respondent to appear in person with or
without the child at a hearing and may enter any order necessary
to ensure the safety of the parties and the child. The hearing
must be held on the next judicial day after service of the order
unless that date is impossible. In that event, the court shall
hold the hearing on the first judicial day possible. The court
may extend the date of hearing at the request of the petitioner.
(d) An order issued under Subsection (c) must state the time and
place of the hearing and advise the respondent that at the
hearing the court will award the petitioner immediate physical
custody of the child and order the payment of fees, costs, and
expenses under Section 152.312, and may schedule a hearing to
determine whether further relief is appropriate, unless the
respondent appears and establishes that:
(1) the child custody determination has not been registered and
confirmed under Section 152.305 and that:
(A) the issuing court did not have jurisdiction under Subchapter
C;
(B) the child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court having
jurisdiction to do so under Subchapter C; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 152.108, in the
proceedings before the court that issued the order for which
enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under Section 152.305, but
has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Subchapter C.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.309. SERVICE OF PETITION AND ORDER. Except as
otherwise provided in Section 152.311, the petition and order
must be served, by any method authorized by the law of this
state, upon the respondent and any person who has physical
custody of the child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.310. HEARING AND ORDER. (a) Unless the court issues a
temporary emergency order pursuant to Section 152.204, upon a
finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner
may take immediate physical custody of the child unless the
respondent establishes that:
(1) the child custody determination has not been registered and
confirmed under Section 152.305 and that:
(A) the issuing court did not have jurisdiction under Subchapter
C;
(B) the child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under Subchapter C; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 152.108, in the
proceedings before the court that issued the order for which
enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under Section 152.305 but has
been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Subchapter C.
(b) The court shall award the fees, costs, and expenses
authorized under Section 152.312 and may grant additional relief,
including a request for the assistance of law enforcement
officials, and set a further hearing to determine whether
additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw
an adverse inference from the refusal.
(d) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding under this subchapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. (a)
Upon the filing of a petition seeking enforcement of a child
custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical
custody of the child if the child is imminently likely to suffer
serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer
serious physical harm or be removed from this state, it may issue
a warrant to take physical custody of the child. The petition
must be heard on the next judicial day after the warrant is
executed unless that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible. The
application for the warrant must include the statements required
by Section 152.308(b).
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant,
and order immediately after the child is taken into physical
custody.
(e) A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the
testimony of the petitioner or other witness that a less
intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical
custody of the child. If required by exigent circumstances of the
case, the court may authorize law enforcement officers to make a
forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.312. COSTS, FEES, AND EXPENSES. (a) 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.
(b) The court may not assess fees, costs, or expenses against a
state unless authorized by law other than this chapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.313. RECOGNITION AND ENFORCEMENT. A court of this
state shall accord full faith and credit to an order issued by
another state and consistent with this chapter which enforces a
child custody determination by a court of another state unless
the order has been vacated, stayed, or modified by a court having
jurisdiction to do so under Subchapter C.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.314. APPEALS. An appeal may be taken from a final
order in a proceeding under this subchapter in accordance with
expedited appellate procedures in other civil cases. Unless the
court enters a temporary emergency order under Section 152.204,
the enforcing court may not stay an order enforcing a child
custody determination pending appeal.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL. (a) In a
case arising under this chapter or involving the Hague Convention
on the Civil Aspects of International Child Abduction, the
prosecutor or other appropriate public official may take any
lawful action, including resorting to a proceeding under this
subchapter or any other available civil proceeding to locate a
child, obtain the return of a child, or enforce a child custody
determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
(3) a reasonable belief that a criminal statute has been
violated; or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on the
Civil Aspects of International Child Abduction.
(b) A prosecutor or appropriate public official acting under
this section acts on behalf of the court and may not represent
any party.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.316. ROLE OF LAW ENFORCEMENT. At the request of a
prosecutor or other appropriate public official acting under
Section 152.315, a law enforcement officer may take any lawful
action reasonably necessary to locate a child or a party and
assist a prosecutor or appropriate public official with
responsibilities under Section 152.315.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.
Sec. 152.317. COSTS AND EXPENSES. If the respondent is not the
prevailing party, the court may assess against the respondent all
direct expenses and costs incurred by the prosecutor or other
appropriate public official and law enforcement officers under
Section 152.315 or 152.316.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1,
1999.