By Thompson, Wise, Naishtat H.B. No. 797
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Uniform Child Custody Jurisdiction and Enforcement
1-3 Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 152, Family Code, is amended to read as
1-6 follows:
1-7 CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND
1-8 ENFORCEMENT ACT
1-9 SUBCHAPTER A. APPLICATION AND CONSTRUCTION
1-10 Sec. 152.001. APPLICATION AND CONSTRUCTION. This chapter
1-11 shall be applied and construed to promote the uniformity of the law
1-12 among the states that enact it.
1-13 Sec. 152.002. CONFLICTS BETWEEN PROVISIONS. If a provision
1-14 of this chapter conflicts with a provision of this title or another
1-15 statute or rule of this state and the conflict cannot be
1-16 reconciled, this chapter prevails.
1-17 (Sections 152.003-152.100 reserved for expansion
1-18 SUBCHAPTER B. GENERAL PROVISIONS
1-19 Sec. 152.101. SHORT TITLE. This chapter may be cited as the
1-20 Uniform Child Custody Jurisdiction and Enforcement Act.
1-21 Sec. 152.102. DEFINITIONS. In this chapter:
1-22 (1) "Abandoned" means left without provision for
1-23 reasonable and necessary care or supervision.
1-24 (2) "Child" means an individual who has not attained
2-1 18 years of age.
2-2 (3) "Child custody determination" means a judgment,
2-3 decree, or other order of a court providing for legal custody,
2-4 physical custody, or visitation with respect to a child. The term
2-5 includes permanent, temporary, initial, and modification orders.
2-6 The term does not include an order relating to child support or
2-7 another monetary obligation of an individual.
2-8 (4) "Child custody proceeding" means a proceeding in
2-9 which legal custody, physical custody, or visitation with respect
2-10 to a child is an issue. The term includes a proceeding for
2-11 divorce, separation, neglect, abuse, dependency, guardianship,
2-12 paternity, termination of parental rights, and protection from
2-13 domestic violence in which the issue may appear. The term does not
2-14 include a proceeding involving juvenile delinquency, contractual
2-15 emancipation, or enforcement under Subchapter D.
2-16 (5) "Commencement" means the filing of the first
2-17 pleading in a proceeding.
2-18 (6) "Court" means an entity authorized under the law
2-19 of a state to establish, enforce, or modify a child custody
2-20 determination.
2-21 (7) "Home state" means the state in which a child
2-22 lived with a parent or a person acting as a parent for at least six
2-23 consecutive months immediately before the commencement of a child
2-24 custody proceeding. In the case of a child less than six months of
2-25 age, the term means the state in which the child lived from birth
2-26 with a parent or a person acting as a parent. A period of
2-27 temporary absence of a parent or a person acting as a parent is
3-1 part of the period.
3-2 (8) "Initial determination" means the first child
3-3 custody determination concerning a particular child.
3-4 (9) "Issuing court" means the court that makes a child
3-5 custody determination for which enforcement is sought under this
3-6 chapter.
3-7 (10) "Issuing state" means the state in which a child
3-8 custody determination is made.
3-9 (11) "Legal custody" means the managing
3-10 conservatorship of a child.
3-11 (12) "Modification" means a child custody
3-12 determination that changes, replaces, supersedes, or is otherwise
3-13 made after a previous determination concerning the same child,
3-14 whether or not it is made by the court that made the previous
3-15 determination.
3-16 (13) "Person acting as a parent" means a person, other
3-17 than a parent, who:
3-18 (A) has physical custody of the child or has had
3-19 physical custody for a period of six consecutive months, including
3-20 any temporary absence, within one year immediately before the
3-21 commencement of a child custody proceeding; and
3-22 (B) has been awarded legal custody by a court or
3-23 claims a right to legal custody under the law of this state.
3-24 (14) "Physical custody" means the physical care and
3-25 supervision of a child.
3-26 (15) "Tribe" means an Indian tribe or band, or Alaskan
3-27 Native village, that is recognized by federal law or formally
4-1 acknowledged by a state.
4-2 (16) "Visitation" means the possession of or access to
4-3 a child.
4-4 (17) "Warrant" means an order issued by a court
4-5 authorizing law enforcement officers to take physical custody of a
4-6 child.
4-7 Sec. 152.103. PROCEEDINGS GOVERNED BY OTHER LAW. This
4-8 chapter does not govern an adoption proceeding or a proceeding
4-9 pertaining to the authorization of emergency medical care for a
4-10 child.
4-11 Sec. 152.104. APPLICATION TO INDIAN TRIBES. (a) A child
4-12 custody proceeding that pertains to an Indian child as defined in
4-13 the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et
4-14 seq.) is not subject to this chapter to the extent that it is
4-15 governed by the Indian Child Welfare Act.
4-16 (b) A court of this state shall treat a tribe as if it were
4-17 a state of the United States for the purpose of applying this
4-18 subchapter and Subchapter C.
4-19 (c) A child custody determination made by a tribe under
4-20 factual circumstances in substantial conformity with the
4-21 jurisdictional standards of this chapter must be recognized and
4-22 enforced under Subchapter D.
4-23 Sec. 152.105. INTERNATIONAL APPLICATION OF CHAPTER. (a) A
4-24 court of this state shall treat a foreign country as if it were a
4-25 state of the United States for the purpose of applying this
4-26 subchapter and Subchapter C.
4-27 (b) Except as otherwise provided in Subsection (c), a child
5-1 custody determination made in a foreign country under factual
5-2 circumstances in substantial conformity with the jurisdictional
5-3 standards of this chapter must be recognized and enforced under
5-4 Subchapter D.
5-5 (c) A court of this state need not apply this chapter if the
5-6 child custody law of a foreign country violates fundamental
5-7 principles of human rights.
5-8 Sec. 152.106. EFFECT OF CHILD CUSTODY DETERMINATION. A
5-9 child custody determination made by a court of this state that had
5-10 jurisdiction under this chapter binds all persons who have been
5-11 served in accordance with the laws of this state or notified in
5-12 accordance with Section 152.108 or who have submitted to the
5-13 jurisdiction of the court and who have been given an opportunity to
5-14 be heard. As to those persons, the determination is conclusive as
5-15 to all decided issues of law and fact except to the extent the
5-16 determination is modified.
5-17 Sec. 152.107. PRIORITY. If a question of existence or
5-18 exercise of jurisdiction under this chapter is raised in a child
5-19 custody proceeding, the question, upon request of a party, must be
5-20 given priority on the calendar and handled expeditiously.
5-21 Sec. 152.108. NOTICE TO PERSONS OUTSIDE STATE. (a) Notice
5-22 required for the exercise of jurisdiction when a person is outside
5-23 this state may be given in a manner prescribed by the law of this
5-24 state for service of process or by the law of the state in which
5-25 the service is made. Notice must be given in a manner reasonably
5-26 calculated to give actual notice but may be by publication if other
5-27 means are not effective.
6-1 (b) Proof of service may be made in the manner prescribed by
6-2 the law of this state or by the law of the state in which the
6-3 service is made.
6-4 (c) Notice is not required for the exercise of jurisdiction
6-5 with respect to a person who submits to the jurisdiction of the
6-6 court.
6-7 Sec. 152.109. APPEARANCE AND LIMITED IMMUNITY. (a) A party
6-8 to a child custody proceeding, including a modification proceeding,
6-9 or a petitioner or respondent in a proceeding to enforce or
6-10 register a child custody determination, is not subject to personal
6-11 jurisdiction in this state for another proceeding or purpose solely
6-12 by reason of having participated, or of having been physically
6-13 present for the purpose of participating, in the proceeding.
6-14 (b) A person who is subject to personal jurisdiction in this
6-15 state on a basis other than physical presence is not immune from
6-16 service of process in this state. A party present in this state
6-17 who is subject to the jurisdiction of another state is not immune
6-18 from service of process allowed under the laws of that state.
6-19 (c) The immunity granted by Subsection (a) does not extend
6-20 to civil litigation based on acts unrelated to the participation in
6-21 a proceeding under this chapter committed by an individual while
6-22 present in this state.
6-23 Sec. 152.110. COMMUNICATION BETWEEN COURTS. (a) In this
6-24 section, "record" means information that is inscribed on a tangible
6-25 medium or that is stored in an electronic or other medium and is
6-26 retrievable in perceivable form.
6-27 (b) A court of this state may communicate with a court in
7-1 another state concerning a proceeding arising under this chapter.
7-2 (c) The court may allow the parties to participate in the
7-3 communication. If the parties are not able to participate in the
7-4 communication, they must be given the opportunity to present facts
7-5 and legal arguments before a decision on jurisdiction is made.
7-6 (d) Communication between courts on schedules, calendars,
7-7 court records, and similar matters may occur without informing the
7-8 parties. A record need not be made of the communication.
7-9 (e) Except as otherwise provided in Subsection (d), a record
7-10 must be made of a communication under this section. The parties
7-11 must be informed promptly of the communication and granted access
7-12 to the record.
7-13 Sec. 152.111. TAKING TESTIMONY IN ANOTHER STATE. (a) In
7-14 addition to other procedures available to a party, a party to a
7-15 child custody proceeding may offer testimony of witnesses who are
7-16 located in another state, including testimony of the parties and
7-17 the child, by deposition or other means allowed in this state for
7-18 testimony taken in another state. The court on its own motion may
7-19 order that the testimony of a person be taken in another state and
7-20 may prescribe the manner in which and the terms upon which the
7-21 testimony is taken.
7-22 (b) A court of this state may permit an individual residing
7-23 in another state to be deposed or to testify by telephone,
7-24 audiovisual means, or other electronic means before a designated
7-25 court or at another location in that state. A court of this state
7-26 shall cooperate with courts of other states in designating an
7-27 appropriate location for the deposition or testimony.
8-1 (c) Documentary evidence transmitted from another state to a
8-2 court of this state by technological means that do not produce an
8-3 original writing may not be excluded from evidence on an objection
8-4 based on the means of transmission.
8-5 Sec. 152.112. COOPERATION BETWEEN COURTS; PRESERVATION OF
8-6 RECORDS. (a) A court of this state may request the appropriate
8-7 court of another state to:
8-8 (1) hold an evidentiary hearing;
8-9 (2) order a person to produce or give evidence
8-10 pursuant to procedures of that state;
8-11 (3) order that an evaluation be made with respect to
8-12 the custody of a child involved in a pending proceeding;
8-13 (4) forward to the court of this state a certified
8-14 copy of the transcript of the record of the hearing, the evidence
8-15 otherwise presented, and any evaluation prepared in compliance with
8-16 the request; and
8-17 (5) order a party to a child custody proceeding or any
8-18 person having physical custody of the child to appear in the
8-19 proceeding with or without the child.
8-20 (b) Upon request of a court of another state, a court of
8-21 this state may hold a hearing or enter an order described in
8-22 Subsection (a).
8-23 (c) Travel and other necessary and reasonable expenses
8-24 incurred under Subsections (a) and (b) may be assessed against the
8-25 parties according to the law of this state.
8-26 (d) A court of this state shall preserve the pleadings,
8-27 orders, decrees, records of hearings, evaluations, and other
9-1 pertinent records with respect to a child custody proceeding until
9-2 the child attains 18 years of age. Upon appropriate request by a
9-3 court or law enforcement official of another state, the court shall
9-4 forward a certified copy of those records.
9-5 (Sections 152.113-152.200 reserved for expansion
9-6 SUBCHAPTER C. JURISDICTION
9-7 Sec. 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a)
9-8 Except as otherwise provided in Section 152.204, a court of this
9-9 state has jurisdiction to make an initial child custody
9-10 determination only if:
9-11 (1) this state is the home state of the child on the
9-12 date of the commencement of the proceeding, or was the home state
9-13 of the child within six months before the commencement of the
9-14 proceeding and the child is absent from this state but a parent or
9-15 person acting as a parent continues to live in this state;
9-16 (2) a court of another state does not have
9-17 jurisdiction under Subdivision (1), or a court of the home state of
9-18 the child has declined to exercise jurisdiction on the ground that
9-19 this state is the more appropriate forum under Section 152.207 or
9-20 152.208, and:
9-21 (A) the child and the child's parents, or the
9-22 child and at least one parent or a person acting as a parent, have
9-23 a significant connection with this state other than mere physical
9-24 presence; and
9-25 (B) substantial evidence is available in this
9-26 state concerning the child's care, protection, training, and
9-27 personal relationships;
10-1 (3) all courts having jurisdiction under Subdivision
10-2 (1) or (2) have declined to exercise jurisdiction on the ground
10-3 that a court of this state is the more appropriate forum to
10-4 determine the custody of the child under Section 152.207 or
10-5 152.208; or
10-6 (4) no court of any other state would have
10-7 jurisdiction under the criteria specified in Subdivision (1), (2),
10-8 or (3).
10-9 (b) Subsection (a) is the exclusive jurisdictional basis for
10-10 making a child custody determination by a court of this state.
10-11 (c) Physical presence of, or personal jurisdiction over, a
10-12 party or a child is not necessary or sufficient to make a child
10-13 custody determination.
10-14 Sec. 152.202. EXCLUSIVE CONTINUING JURISDICTION. (a)
10-15 Except as otherwise provided in Section 152.204, a court of this
10-16 state which has made a child custody determination consistent with
10-17 Section 152.201 or 152.203 has exclusive continuing jurisdiction
10-18 over the determination until:
10-19 (1) a court of this state determines that neither the
10-20 child, nor the child and one parent, nor the child and a person
10-21 acting as a parent, have a significant connection with this state
10-22 and that substantial evidence is no longer available in this state
10-23 concerning the child's care, protection, training, and personal
10-24 relationships; or
10-25 (2) a court of this state or a court of another state
10-26 determines that the child, the child's parents, and any person
10-27 acting as a parent do not presently reside in this state.
11-1 (b) A court of this state which has made a child custody
11-2 determination and does not have exclusive, continuing jurisdiction
11-3 under this section may modify that determination only if it has
11-4 jurisdiction to make an initial determination under Section
11-5 152.201.
11-6 Sec. 152.203. JURISDICTION TO MODIFY DETERMINATION. Except
11-7 as otherwise provided in Section 152.204, a court of this state may
11-8 not modify a child custody determination made by a court of another
11-9 state unless a court of this state has jurisdiction to make an
11-10 initial determination under Section 152.201(a)(1) or (2) and:
11-11 (1) the court of the other state determines it no
11-12 longer has exclusive continuing jurisdiction under Section 152.202
11-13 or that a court of this state would be a more convenient forum
11-14 under Section 152.207; or
11-15 (2) a court of this state or a court of the other
11-16 state determines that the child, the child's parents, and any
11-17 person acting as a parent do not presently reside in the other
11-18 state.
11-19 Sec. 152.204. TEMPORARY EMERGENCY JURISDICTION. (a) A
11-20 court of this state has temporary emergency jurisdiction if the
11-21 child is present in this state and the child has been abandoned or
11-22 it is necessary in an emergency to protect the child because the
11-23 child, or a sibling or parent of the child, is subjected to or
11-24 threatened with mistreatment or abuse.
11-25 (b) If there is no previous child custody determination that
11-26 is entitled to be enforced under this chapter and a child custody
11-27 proceeding has not been commenced in a court of a state having
12-1 jurisdiction under Sections 152.201 through 152.203, a child
12-2 custody determination made under this section remains in effect
12-3 until an order is obtained from a court of a state having
12-4 jurisdiction under Sections 152.201 through 152.203. If a child
12-5 custody proceeding has not been or is not commenced in a court of a
12-6 state having jurisdiction under Sections 152.201 through 152.203, a
12-7 child custody determination made under this section becomes a final
12-8 determination, if it so provides and this state becomes the home
12-9 state of the child.
12-10 (c) If there is a previous child custody determination that
12-11 is entitled to be enforced under this chapter, or a child custody
12-12 proceeding has been commenced in a court of a state having
12-13 jurisdiction under Sections 152.201 through 152.203, any order
12-14 issued by a court of this state under this section must specify in
12-15 the order a period that the court considers adequate to allow the
12-16 person seeking an order to obtain an order from the state having
12-17 jurisdiction under Sections 152.201 through 152.203. The order
12-18 issued in this state remains in effect until an order is obtained
12-19 from the other state within the period specified or the period
12-20 expires.
12-21 (d) A court of this state which has been asked to make a
12-22 child custody determination under this section, upon being informed
12-23 that a child custody proceeding has been commenced in or a child
12-24 custody determination has been made by a court of a state having
12-25 jurisdiction under Sections 152.201 through 152.203, shall
12-26 immediately communicate with the other court. A court of this
12-27 state which is exercising jurisdiction pursuant to Sections 152.201
13-1 through 152.203, upon being informed that a child custody
13-2 proceeding has been commenced in or a child custody determination
13-3 has been made by a court of another state under a statute similar
13-4 to this section shall immediately communicate with the court of
13-5 that state to resolve the emergency, protect the safety of the
13-6 parties and the child, and determine a period for the duration of
13-7 the temporary order.
13-8 Sec. 152.205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER. (a)
13-9 Before a child custody determination is made under this chapter,
13-10 notice and an opportunity to be heard in accordance with the
13-11 standards of Section 152.108 must be given to all persons entitled
13-12 to notice under the law of this state as in child custody
13-13 proceedings between residents of this state, any parent whose
13-14 parental rights have not been previously terminated, and any person
13-15 having physical custody of the child.
13-16 (b) This chapter does not govern the enforceability of a
13-17 child custody determination made without notice or an opportunity
13-18 to be heard.
13-19 (c) The obligation to join a party and the right to
13-20 intervene as a party in a child custody proceeding under this
13-21 chapter are governed by the law of this state as in child custody
13-22 proceedings between residents of this state.
13-23 Sec. 152.206. SIMULTANEOUS PROCEEDINGS. (a) Except as
13-24 otherwise provided in Section 152.204, a court of this state may
13-25 not exercise its jurisdiction under this subchapter if, at the time
13-26 of the commencement of the proceeding, a proceeding concerning the
13-27 custody of the child has been commenced in a court of another state
14-1 having jurisdiction substantially in conformity with this chapter,
14-2 unless the proceeding has been terminated or is stayed by the court
14-3 of the other state because a court of this state is a more
14-4 convenient forum under Section 152.207.
14-5 (b) Except as otherwise provided in Section 152.204, a court
14-6 of this state, before hearing a child custody proceeding, shall
14-7 examine the court documents and other information supplied by the
14-8 parties pursuant to Section 152.209. If the court determines that
14-9 a child custody proceeding has been commenced in a court in another
14-10 state having jurisdiction substantially in accordance with this
14-11 chapter, the court of this state shall stay its proceeding and
14-12 communicate with the court of the other state. If the court of the
14-13 state having jurisdiction substantially in accordance with this
14-14 chapter does not determine that the court of this state is a more
14-15 appropriate forum, the court of this state shall dismiss the
14-16 proceeding.
14-17 (c) In a proceeding to modify a child custody determination,
14-18 a court of this state shall determine whether a proceeding to
14-19 enforce the determination has been commenced in another state. If
14-20 a proceeding to enforce a child custody determination has been
14-21 commenced in another state, the court may:
14-22 (1) stay the proceeding for modification pending the
14-23 entry of an order of a court of the other state enforcing, staying,
14-24 denying, or dismissing the proceeding for enforcement;
14-25 (2) enjoin the parties from continuing with the
14-26 proceeding for enforcement; or
14-27 (3) proceed with the modification under conditions it
15-1 considers appropriate.
15-2 Sec. 152.207. INCONVENIENT FORUM. (a) A court of this
15-3 state which has jurisdiction under this chapter to make a child
15-4 custody determination may decline to exercise its jurisdiction at
15-5 any time if it determines that it is an inconvenient forum under
15-6 the circumstances and that a court of another state is a more
15-7 appropriate forum. The issue of inconvenient forum may be raised
15-8 upon motion of a party, the court's own motion, or request of
15-9 another court.
15-10 (b) Before determining whether it is an inconvenient forum,
15-11 a court of this state shall consider whether it is appropriate for
15-12 a court of another state to exercise jurisdiction. For this
15-13 purpose, the court shall allow the parties to submit information
15-14 and shall consider all relevant factors, including:
15-15 (1) whether domestic violence has occurred and is
15-16 likely to continue in the future and which state could best protect
15-17 the parties and the child;
15-18 (2) the length of time the child has resided outside
15-19 this state;
15-20 (3) the distance between the court in this state and
15-21 the court in the state that would assume jurisdiction;
15-22 (4) the relative financial circumstances of the
15-23 parties;
15-24 (5) any agreement of the parties as to which state
15-25 should assume jurisdiction;
15-26 (6) the nature and location of the evidence required
15-27 to resolve the pending litigation, including testimony of the
16-1 child;
16-2 (7) the ability of the court of each state to decide
16-3 the issue expeditiously and the procedures necessary to present the
16-4 evidence; and
16-5 (8) the familiarity of the court of each state with
16-6 the facts and issues in the pending litigation.
16-7 (c) If a court of this state determines that it is an
16-8 inconvenient forum and that a court of another state is a more
16-9 appropriate forum, the court shall stay the proceedings upon
16-10 condition that a child custody proceeding be promptly commenced in
16-11 another designated state and may impose any other condition the
16-12 court considers just and proper.
16-13 (d) A court of this state may decline to exercise its
16-14 jurisdiction under this chapter if a child custody determination is
16-15 incidental to an action for divorce or another proceeding while
16-16 still retaining jurisdiction over the divorce or other proceeding.
16-17 Sec. 152.208. JURISDICTION DECLINED BY REASON OF CONDUCT.
16-18 (a) Except as otherwise provided in Section 152.204 or other law
16-19 of this state, if a court of this state has jurisdiction under this
16-20 chapter because a person seeking to invoke its jurisdiction has
16-21 engaged in unjustifiable conduct, the court shall decline to
16-22 exercise its jurisdiction unless:
16-23 (1) the parents and all persons acting as parents have
16-24 acquiesced in the exercise of jurisdiction;
16-25 (2) a court of the state otherwise having jurisdiction
16-26 under Sections 152.201 through 152.203 determines that this state
16-27 is a more appropriate forum under Section 152.207; or
17-1 (3) no court of any other state would have
17-2 jurisdiction under the criteria specified in Sections 152.201
17-3 through 152.203.
17-4 (b) If a court of this state declines to exercise its
17-5 jurisdiction pursuant to Subsection (a), it may fashion an
17-6 appropriate remedy to ensure the safety of the child and prevent a
17-7 repetition of the unjustifiable conduct, including staying the
17-8 proceeding until a child custody proceeding is commenced in a court
17-9 having jurisdiction under Sections 152.201 through 152.203.
17-10 (c) If a court dismisses a petition or stays a proceeding
17-11 because it declines to exercise its jurisdiction pursuant to
17-12 Subsection (a), it shall assess against the party seeking to invoke
17-13 its jurisdiction necessary and reasonable expenses including costs,
17-14 communication expenses, attorney's fees, investigative fees,
17-15 expenses for witnesses, travel expenses, and child care during the
17-16 course of the proceedings, unless the party from whom fees are
17-17 sought establishes that the assessment would be clearly
17-18 inappropriate. The court may not assess fees, costs, or expenses
17-19 against this state unless authorized by law other than this
17-20 chapter.
17-21 Sec. 152.209. INFORMATION TO BE SUBMITTED TO COURT. (a)
17-22 Except as provided by Subsection (e), in a child custody
17-23 proceeding, each party, in its first pleading or in an attached
17-24 affidavit, shall give information, if reasonably ascertainable,
17-25 under oath as to the child's present address or whereabouts, the
17-26 places where the child has lived during the last five years, and
17-27 the names and present addresses of the persons with whom the child
18-1 has lived during that period. The pleading or affidavit must state
18-2 whether the party:
18-3 (1) has participated, as a party or witness or in any
18-4 other capacity, in any other proceeding concerning the custody of
18-5 or visitation with the child and, if so, identify the court, the
18-6 case number, and the date of the child custody determination, if
18-7 any;
18-8 (2) knows of any proceeding that could affect the
18-9 current proceeding, including proceedings for enforcement and
18-10 proceedings relating to domestic violence, protective orders,
18-11 termination of parental rights, and adoptions and, if so, identify
18-12 the court, the case number, and the nature of the proceeding; and
18-13 (3) knows the names and addresses of any person not a
18-14 party to the proceeding who has physical custody of the child or
18-15 claims rights of legal custody or physical custody of, or
18-16 visitation with, the child and, if so, the names and addresses of
18-17 those persons.
18-18 (b) If the information required by Subsection (a) is not
18-19 furnished, the court, upon motion of a party or its own motion, may
18-20 stay the proceeding until the information is furnished.
18-21 (c) If the declaration as to any of the items described in
18-22 Subsections (a)(1) through (3) is in the affirmative, the declarant
18-23 shall give additional information under oath as required by the
18-24 court. The court may examine the parties under oath as to details
18-25 of the information furnished and other matters pertinent to the
18-26 court's jurisdiction and the disposition of the case.
18-27 (d) Each party has a continuing duty to inform the court of
19-1 any proceeding in this or any other state that could affect the
19-2 current proceeding.
19-3 (e) If a party alleges in an affidavit or a pleading under
19-4 oath that the health, safety, or liberty of a party or child would
19-5 be jeopardized by disclosure of identifying information, the
19-6 information must be sealed and may not be disclosed to the other
19-7 party or the public unless the court orders the disclosure to be
19-8 made after a hearing in which the court takes into consideration
19-9 the health, safety, or liberty of the party or child and determines
19-10 that the disclosure is in the interest of justice.
19-11 Sec. 152.210. APPEARANCE OF PARTIES AND CHILD. (a) In a
19-12 child custody proceeding in this state, the court may order a party
19-13 to the proceeding who is in this state to appear before the court
19-14 in person with or without the child. The court may order any
19-15 person who is in this state and who has physical custody or control
19-16 of the child to appear in person with the child.
19-17 (b) If a party to a child custody proceeding whose presence
19-18 is desired by the court is outside this state, the court may order
19-19 that a notice given pursuant to Section 152.108 include a statement
19-20 directing the party to appear in person with or without the child
19-21 and informing the party that failure to appear may result in a
19-22 decision adverse to the party.
19-23 (c) The court may enter any orders necessary to ensure the
19-24 safety of the child and of any person ordered to appear under this
19-25 section.
19-26 (d) If a party to a child custody proceeding who is outside
19-27 this state is directed to appear under Subsection (b) or desires to
20-1 appear personally before the court with or without the child, the
20-2 court may require another party to pay reasonable and necessary
20-3 travel and other expenses of the party so appearing and of the
20-4 child.
20-5 (Sections 152.211-152.300 reserved for expansion
20-6 SUBCHAPTER D. ENFORCEMENT
20-7 Sec. 152.301. DEFINITIONS. In this subchapter:
20-8 (1) "Petitioner" means a person who seeks enforcement
20-9 of an order for return of a child under the Hague Convention on the
20-10 Civil Aspects of International Child Abduction or enforcement of a
20-11 child custody determination.
20-12 (2) "Respondent" means a person against whom a
20-13 proceeding has been commenced for enforcement of an order for
20-14 return of a child under the Hague Convention on the Civil Aspects
20-15 of International Child Abduction or enforcement of a child custody
20-16 determination.
20-17 Sec. 152.302. ENFORCEMENT UNDER HAGUE CONVENTION. Under
20-18 this subchapter a court of this state may enforce an order for the
20-19 return of the child made under the Hague Convention on the Civil
20-20 Aspects of International Child Abduction as if it were a child
20-21 custody determination.
20-22 Sec. 152.303. DUTY TO ENFORCE. (a) A court of this state
20-23 shall recognize and enforce a child custody determination of a
20-24 court of another state if the latter court exercised jurisdiction
20-25 in substantial conformity with this chapter or the determination
20-26 was made under factual circumstances meeting the jurisdictional
20-27 standards of this chapter and the determination has not been
21-1 modified in accordance with this chapter.
21-2 (b) A court of this state may utilize any remedy available
21-3 under other law of this state to enforce a child custody
21-4 determination made by a court of another state. The remedies
21-5 provided in this subchapter are cumulative and do not affect the
21-6 availability of other remedies to enforce a child custody
21-7 determination.
21-8 Sec. 152.304. TEMPORARY VISITATION. (a) A court of this
21-9 state which does not have jurisdiction to modify a child custody
21-10 determination may issue a temporary order enforcing:
21-11 (1) a visitation schedule made by a court of another
21-12 state; or
21-13 (2) the visitation provisions of a child custody
21-14 determination of another state that does not provide for a specific
21-15 visitation schedule.
21-16 (b) If a court of this state makes an order under Subsection
21-17 (a)(2), the court shall specify in the order a period that it
21-18 considers adequate to allow the petitioner to obtain an order from
21-19 a court having jurisdiction under the criteria specified in
21-20 Subchapter C. The order remains in effect until an order is
21-21 obtained from the other court or the period expires.
21-22 Sec. 152.305. REGISTRATION OF CHILD CUSTODY DETERMINATION.
21-23 (a) A child custody determination issued by a court of another
21-24 state may be registered in this state, with or without a
21-25 simultaneous request for enforcement, by sending to the appropriate
21-26 court in this state:
21-27 (1) a letter or other document requesting
22-1 registration;
22-2 (2) two copies, including one certified copy, of the
22-3 determination sought to be registered and a statement under penalty
22-4 of perjury that to the best of the knowledge and belief of the
22-5 person seeking registration the order has not been modified; and
22-6 (3) except as otherwise provided in Section 152.209,
22-7 the name and address of the person seeking registration and any
22-8 parent or person acting as a parent who has been awarded custody or
22-9 visitation in the child custody determination sought to be
22-10 registered.
22-11 (b) On receipt of the documents required by Subsection (a),
22-12 the registering court shall:
22-13 (1) cause the determination to be filed as a foreign
22-14 judgment, together with one copy of any accompanying documents and
22-15 information, regardless of their form; and
22-16 (2) serve notice upon the persons named pursuant to
22-17 Subsection (a)(3) and provide them with an opportunity to contest
22-18 the registration in accordance with this section.
22-19 (c) The notice required by Subsection (b)(2) must state
22-20 that:
22-21 (1) a registered determination is enforceable as of
22-22 the date of the registration in the same manner as a determination
22-23 issued by a court of this state;
22-24 (2) a hearing to contest the validity of the
22-25 registered determination must be requested within 20 days after
22-26 service of notice; and
22-27 (3) failure to contest the registration will result in
23-1 confirmation of the child custody determination and preclude
23-2 further contest of that determination with respect to any matter
23-3 that could have been asserted.
23-4 (d) A person seeking to contest the validity of a registered
23-5 order must request a hearing within 20 days after service of the
23-6 notice. At that hearing, the court shall confirm the registered
23-7 order unless the person contesting registration establishes that:
23-8 (1) the issuing court did not have jurisdiction under
23-9 Subchapter C;
23-10 (2) the child custody determination sought to be
23-11 registered has been vacated, stayed, or modified by a court having
23-12 jurisdiction to do so under Subchapter C; or
23-13 (3) the person contesting registration was entitled to
23-14 notice, but notice was not given in accordance with the standards
23-15 of Section 152.108, in the proceedings before the court that issued
23-16 the order for which registration is sought.
23-17 (e) If a timely request for a hearing to contest the
23-18 validity of the registration is not made, the registration is
23-19 confirmed as a matter of law and the person requesting registration
23-20 and all persons served must be notified of the confirmation.
23-21 (f) Confirmation of a registered order, whether by operation
23-22 of law or after notice and hearing, precludes further contest of
23-23 the order with respect to any matter that could have been asserted
23-24 at the time of registration.
23-25 Sec. 152.306. ENFORCEMENT OF REGISTERED DETERMINATION. (a)
23-26 A court of this state may grant any relief normally available under
23-27 the law of this state to enforce a registered child custody
24-1 determination made by a court of another state.
24-2 (b) A court of this state shall recognize and enforce, but
24-3 may not modify, except in accordance with Subchapter C, a
24-4 registered child custody determination of a court of another state.
24-5 Sec. 152.307. SIMULTANEOUS PROCEEDINGS. If a proceeding for
24-6 enforcement under this subchapter is commenced in a court of this
24-7 state and the court determines that a proceeding to modify the
24-8 determination is pending in a court of another state having
24-9 jurisdiction to modify the determination under Subchapter C, the
24-10 enforcing court shall immediately communicate with the modifying
24-11 court. The proceeding for enforcement continues unless the
24-12 enforcing court, after consultation with the modifying court, stays
24-13 or dismisses the proceeding.
24-14 Sec. 152.308. EXPEDITED ENFORCEMENT OF CHILD CUSTODY
24-15 DETERMINATION. (a) A petition under this subchapter must be
24-16 verified. Certified copies of all orders sought to be enforced and
24-17 of any order confirming registration must be attached to the
24-18 petition. A copy of a certified copy of an order may be attached
24-19 instead of the original.
24-20 (b) A petition for enforcement of a child custody
24-21 determination must state:
24-22 (1) whether the court that issued the determination
24-23 identified the jurisdictional basis it relied upon in exercising
24-24 jurisdiction and, if so, what the basis was;
24-25 (2) whether the determination for which enforcement is
24-26 sought has been vacated, stayed, or modified by a court whose
24-27 decision must be enforced under this chapter and, if so, identify
25-1 the court, the case number, and the nature of the proceeding;
25-2 (3) whether any proceeding has been commenced that
25-3 could affect the current proceeding, including proceedings relating
25-4 to domestic violence, protective orders, termination of parental
25-5 rights, and adoptions and, if so, identify the court, the case
25-6 number, and the nature of the proceeding;
25-7 (4) the present physical address of the child and the
25-8 respondent, if known;
25-9 (5) whether relief in addition to the immediate
25-10 physical custody of the child and attorney's fees is sought,
25-11 including a request for assistance from law enforcement officials
25-12 and, if so, the relief sought; and
25-13 (6) if the child custody determination has been
25-14 registered and confirmed under Section 152.305, the date and place
25-15 of registration.
25-16 (c) Upon the filing of a petition, the court shall issue an
25-17 order directing the respondent to appear in person with or without
25-18 the child at a hearing and may enter any order necessary to ensure
25-19 the safety of the parties and the child. The hearing must be held
25-20 on the next judicial day after service of the order unless that
25-21 date is impossible. In that event, the court shall hold the
25-22 hearing on the first judicial day possible. The court may extend
25-23 the date of hearing at the request of the petitioner.
25-24 (d) An order issued under Subsection (c) must state the time
25-25 and place of the hearing and advise the respondent that at the
25-26 hearing the court will award the petitioner immediate physical
25-27 custody of the child and order the payment of fees, costs, and
26-1 expenses under Section 152.312, and may schedule a hearing to
26-2 determine whether further relief is appropriate, unless the
26-3 respondent appears and establishes that:
26-4 (1) the child custody determination has not been
26-5 registered and confirmed under Section 152.305 and that:
26-6 (A) the issuing court did not have jurisdiction
26-7 under Subchapter C;
26-8 (B) the child custody determination for which
26-9 enforcement is sought has been vacated, stayed, or modified by a
26-10 court having jurisdiction to do so under Subchapter C; or
26-11 (C) the respondent was entitled to notice, but
26-12 notice was not given in accordance with the standards of Section
26-13 152.108, in the proceedings before the court that issued the order
26-14 for which enforcement is sought; or
26-15 (2) the child custody determination for which
26-16 enforcement is sought was registered and confirmed under Section
26-17 152.305, but has been vacated, stayed, or modified by a court of a
26-18 state having jurisdiction to do so under Subchapter C.
26-19 Sec. 152.309. SERVICE OF PETITION AND ORDER. Except as
26-20 otherwise provided in Section 152.311, the petition and order must
26-21 be served, by any method authorized by the law of this state, upon
26-22 the respondent and any person who has physical custody of the
26-23 child.
26-24 Sec. 152.310. HEARING AND ORDER. (a) Unless the court
26-25 issues a temporary emergency order pursuant to Section 152.204,
26-26 upon a finding that a petitioner is entitled to immediate physical
26-27 custody of the child, the court shall order that the petitioner may
27-1 take immediate physical custody of the child unless the respondent
27-2 establishes that:
27-3 (1) the child custody determination has not been
27-4 registered and confirmed under Section 152.305 and that:
27-5 (A) the issuing court did not have jurisdiction
27-6 under Subchapter C;
27-7 (B) the child custody determination for which
27-8 enforcement is sought has been vacated, stayed, or modified by a
27-9 court of a state having jurisdiction to do so under Subchapter C;
27-10 or
27-11 (C) the respondent was entitled to notice, but
27-12 notice was not given in accordance with the standards of Section
27-13 152.108, in the proceedings before the court that issued the order
27-14 for which enforcement is sought; or
27-15 (2) the child custody determination for which
27-16 enforcement is sought was registered and confirmed under Section
27-17 152.305 but has been vacated, stayed, or modified by a court of a
27-18 state having jurisdiction to do so under Subchapter C.
27-19 (b) The court shall award the fees, costs, and expenses
27-20 authorized under Section 152.312 and may grant additional relief,
27-21 including a request for the assistance of law enforcement
27-22 officials, and set a further hearing to determine whether
27-23 additional relief is appropriate.
27-24 (c) If a party called to testify refuses to answer on the
27-25 ground that the testimony may be self-incriminating, the court may
27-26 draw an adverse inference from the refusal.
27-27 (d) A privilege against disclosure of communications between
28-1 spouses and a defense of immunity based on the relationship of
28-2 husband and wife or parent and child may not be invoked in a
28-3 proceeding under this subchapter.
28-4 Sec. 152.311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
28-5 (a) Upon the filing of a petition seeking enforcement of a child
28-6 custody determination, the petitioner may file a verified
28-7 application for the issuance of a warrant to take physical custody
28-8 of the child if the child is imminently likely to suffer serious
28-9 physical harm or be removed from this state.
28-10 (b) If the court, upon the testimony of the petitioner or
28-11 other witness, finds that the child is imminently likely to suffer
28-12 serious physical harm or be removed from this state, it may issue
28-13 a warrant to take physical custody of the child. The petition must
28-14 be heard on the next judicial day after the warrant is executed
28-15 unless that date is impossible. In that event, the court shall
28-16 hold the hearing on the first judicial day possible. The
28-17 application for the warrant must include the statements required by
28-18 Section 152.308(b).
28-19 (c) A warrant to take physical custody of a child must:
28-20 (1) recite the facts upon which a conclusion of
28-21 imminent serious physical harm or removal from the jurisdiction is
28-22 based;
28-23 (2) direct law enforcement officers to take physical
28-24 custody of the child immediately; and
28-25 (3) provide for the placement of the child pending
28-26 final relief.
28-27 (d) The respondent must be served with the petition,
29-1 warrant, and order immediately after the child is taken into
29-2 physical custody.
29-3 (e) A warrant to take physical custody of a child is
29-4 enforceable throughout this state. If the court finds on the basis
29-5 of the testimony of the petitioner or other witness that a less
29-6 intrusive remedy is not effective, it may authorize law enforcement
29-7 officers to enter private property to take physical custody of the
29-8 child. If required by exigent circumstances of the case, the court
29-9 may authorize law enforcement officers to make a forcible entry at
29-10 any hour.
29-11 (f) The court may impose conditions upon placement of a
29-12 child to ensure the appearance of the child and the child's
29-13 custodian.
29-14 Sec. 152.312. COSTS, FEES, AND EXPENSES. (a) The court
29-15 shall award the prevailing party, including a state, necessary and
29-16 reasonable expenses incurred by or on behalf of the party,
29-17 including costs, communication expenses, attorney's fees,
29-18 investigative fees, expenses for witnesses, travel expenses, and
29-19 child care during the course of the proceedings, unless the party
29-20 from whom fees or expenses are sought establishes that the award
29-21 would be clearly inappropriate.
29-22 (b) The court may not assess fees, costs, or expenses
29-23 against a state unless authorized by law other than this chapter.
29-24 Sec. 152.313. RECOGNITION AND ENFORCEMENT. A court of this
29-25 state shall accord full faith and credit to an order issued by
29-26 another state and consistent with this chapter which enforces a
29-27 child custody determination by a court of another state unless the
30-1 order has been vacated, stayed, or modified by a court having
30-2 jurisdiction to do so under Subchapter C.
30-3 Sec. 152.314. APPEALS. An appeal may be taken from a final
30-4 order in a proceeding under this subchapter in accordance with
30-5 expedited appellate procedures in other civil cases. Unless the
30-6 court enters a temporary emergency order under Section 152.204, the
30-7 enforcing court may not stay an order enforcing a child custody
30-8 determination pending appeal.
30-9 Sec. 152.315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL. (a)
30-10 In a case arising under this chapter or involving the Hague
30-11 Convention on the Civil Aspects of International Child Abduction,
30-12 the prosecutor or other appropriate public official may take any
30-13 lawful action, including resorting to a proceeding under this
30-14 subchapter or any other available civil proceeding to locate a
30-15 child, obtain the return of a child, or enforce a child custody
30-16 determination if there is:
30-17 (1) an existing child custody determination;
30-18 (2) a request to do so from a court in a pending child
30-19 custody proceeding;
30-20 (3) a reasonable belief that a criminal statute has
30-21 been violated; or
30-22 (4) a reasonable belief that the child has been
30-23 wrongfully removed or retained in violation of the Hague Convention
30-24 on the Civil Aspects of International Child Abduction.
30-25 (b) A prosecutor or appropriate public official acting under
30-26 this section acts on behalf of the court and may not represent any
30-27 party.
31-1 Sec. 152.316. ROLE OF LAW ENFORCEMENT. At the request of a
31-2 prosecutor or other appropriate public official acting under
31-3 Section 152.315, a law enforcement officer may take any lawful
31-4 action reasonably necessary to locate a child or a party and assist
31-5 a prosecutor or appropriate public official with responsibilities
31-6 under Section 152.315.
31-7 Sec. 152.317. COSTS AND EXPENSES. If the respondent is not
31-8 the prevailing party, the court may assess against the respondent
31-9 all direct expenses and costs incurred by the prosecutor or other
31-10 appropriate public official and law enforcement officers under
31-11 Section 152.315 or 152.316.
31-12 [Sec. 152.001. PURPOSES; CONSTRUCTION OF PROVISIONS. (a)
31-13 The general purposes of this chapter are to:]
31-14 [(1) avoid jurisdictional competition and conflict
31-15 with courts of other states in matters of child custody that have
31-16 in the past resulted in the shifting of children from state to
31-17 state with harmful effects on their well-being;]
31-18 [(2) promote cooperation with the courts of other
31-19 states to the end that a custody decree is rendered in the state
31-20 that can best decide the case in the interest of the child;]
31-21 [(3) ensure that litigation concerning the custody of
31-22 a child takes place ordinarily in the state with which the child
31-23 and the child's family have the closest connection and where
31-24 significant evidence concerning the child's care, protection,
31-25 training, and personal relationships is most readily available, and
31-26 that courts of this state decline the exercise of jurisdiction when
31-27 the child and the child's family have a closer connection with
32-1 another state;]
32-2 [(4) discourage continuing controversies over child
32-3 custody in the interest of greater stability of home environment
32-4 and of secure family relationships for the child;]
32-5 [(5) deter abductions and other unilateral removals of
32-6 children undertaken to obtain custody awards;]
32-7 [(6) avoid relitigation of custody decisions of other
32-8 states in this state insofar as is feasible;]
32-9 [(7) facilitate the enforcement of custody decrees of
32-10 other states;]
32-11 [(8) promote and expand the exchange of information
32-12 and other forms of mutual assistance between the courts of this
32-13 state and those of other states concerned with the same child; and]
32-14 [(9) make uniform the law of those states that enact
32-15 it.]
32-16 [(b) This chapter shall be construed to promote the general
32-17 purposes stated in this section.]
32-18 [Sec. 152.002. DEFINITIONS. In this chapter:]
32-19 [(1) "Contestant" means a person, including a parent,
32-20 who claims a right to custody or visitation rights with respect to
32-21 a child.]
32-22 [(2) "Custody" means managing conservatorship of a
32-23 child.]
32-24 [(3) "Custody determination" means a court decision
32-25 and court orders and instructions providing for the custody of a
32-26 child, including visitation rights, but does not include a decision
32-27 relating to child support or any other monetary obligation of any
33-1 person.]
33-2 [(4) "Custody proceeding" includes a proceeding in
33-3 which a custody determination is one of several issues, such as an
33-4 action for divorce or separation, and includes child neglect and
33-5 dependency proceedings.]
33-6 [(5) "Decree" or "custody decree" means a custody
33-7 determination contained in a judicial decree or order made in a
33-8 custody proceeding and includes an initial decree and a
33-9 modification decree.]
33-10 [(6) "Home state" means the state in which the child,
33-11 preceding the time involved, lived with the child's parents, a
33-12 parent, or a person acting as parent for at least six consecutive
33-13 months and, in the case of a child less than six months old, the
33-14 state in which the child lived from birth with any of the persons
33-15 mentioned. Periods of temporary absence of any of the named
33-16 persons are counted as part of the six-month or other period.]
33-17 [(7) "Initial decree" means the first custody decree
33-18 concerning a particular child.]
33-19 [(8) "Modification decree" means a custody decree that
33-20 modifies or replaces a prior decree, whether made by the court that
33-21 rendered the prior decree or by another court.]
33-22 [(9) "Physical custody" means actual possession and
33-23 control of a child.]
33-24 [(10) "Person acting as parent" means a person, other
33-25 than a parent, who has physical custody of a child and who either
33-26 has been awarded custody by a court or claims a right to custody.]
33-27 [(11) "Visitation" means possession of or access to a
34-1 child.]
34-2 [Sec. 152.003. JURISDICTION. (a) A court of this state
34-3 that is competent to decide child custody matters has jurisdiction
34-4 to make a child custody determination by initial decree or
34-5 modification decree or order if:]
34-6 [(1) this state:]
34-7 [(A) is the home state of the child on the date
34-8 of the commencement of the proceeding; or]
34-9 [(B) had been the child's home state within six
34-10 months before the date of the commencement of the proceeding and
34-11 the child is absent from this state because of the child's removal
34-12 or retention by a person claiming the child's custody or for other
34-13 reasons, and a parent or person acting as parent continues to live
34-14 in this state;]
34-15 [(2) it appears that no other state would have
34-16 jurisdiction under Subdivision (1) and it is in the best interest
34-17 of the child that a court of this state assume jurisdiction
34-18 because:]
34-19 [(A) the child and the child's parents or the
34-20 child and at least one contestant have a significant connection
34-21 with this state other than mere physical presence in this state;
34-22 and]
34-23 [(B) there is available in this state
34-24 substantial evidence concerning the child's present or future care,
34-25 protection, training, and personal relationships;]
34-26 [(3) the child is physically present in this state
34-27 and:]
35-1 [(A) the child has been abandoned; or]
35-2 [(B) it is necessary in an emergency to protect
35-3 the child because the child has been subjected to or threatened
35-4 with mistreatment or abuse or is otherwise neglected or there is a
35-5 serious and immediate question concerning the welfare of the child;
35-6 or]
35-7 [(4) it is in the best interest of the child that the
35-8 court assume jurisdiction and:]
35-9 [(A) it appears that no other state would have
35-10 jurisdiction under prerequisites substantially in accordance with
35-11 Subdivision (1), (2), or (3); or]
35-12 [(B) another state has declined to exercise
35-13 jurisdiction on the ground that this state is the more appropriate
35-14 forum to determine the custody of the child.]
35-15 [(b) Except under Subsections (a)(3) and (4), physical
35-16 presence in this state of the child or of the child and one of the
35-17 contestants is not alone sufficient to confer jurisdiction on a
35-18 court of this state to make a child custody determination.]
35-19 [(c) Physical presence of the child, while desirable, is not
35-20 a prerequisite for jurisdiction to determine the child's custody.]
35-21 [(d) Except on written agreement of all the parties, a court
35-22 may not exercise its continuing jurisdiction to modify custody if
35-23 the child and the party with custody have established another home
35-24 state unless the action to modify was filed before the new home
35-25 state was acquired.]
35-26 [(e) A court that has jurisdiction of a suit under
35-27 Subsection (a)(3) for which a court in another state may exercise
36-1 jurisdiction under prerequisites substantially in accordance with
36-2 Subsection (a)(1) or (2) may enter only a temporary order to
36-3 protect the child. The suit shall be dismissed in this state on
36-4 the date a court of competent jurisdiction in another state signs
36-5 an order in the suit or on the 91st day after the date the court in
36-6 this state exercised its jurisdiction, whichever date occurs first.
36-7 This subsection does not apply to a suit brought under Chapter 262.]
36-8 [Sec. 152.004. NOTICE AND OPPORTUNITY TO BE HEARD. Before
36-9 making a custody decree based on jurisdiction established under
36-10 this chapter, reasonable notice and opportunity to be heard must be
36-11 given to the contestants, to any parent whose parental rights have
36-12 not been previously terminated, and to any person who has physical
36-13 custody of the child. If any of these persons is outside this
36-14 state, notice and opportunity to be heard must be given as provided
36-15 under Section 152.005.]
36-16 [Sec. 152.005. NOTICE TO PERSONS OUTSIDE THIS STATE;
36-17 SUBMISSION TO JURISDICTION. (a) Notice required for the exercise
36-18 of jurisdiction over a person outside this state must be given in a
36-19 manner reasonably calculated to give actual notice and may be
36-20 given:]
36-21 [(1) by personal delivery outside this state in the
36-22 manner prescribed for service of process within this state;]
36-23 [(2) in the manner prescribed by the law of the place
36-24 in which the service is made for service of process in that place
36-25 in an action in any of its courts of general jurisdiction;]
36-26 [(3) by any form of mail addressed to the person to be
36-27 served and requesting a receipt, subject to the requirements of the
37-1 Texas Rules of Civil Procedure; or]
37-2 [(4) as directed by the court, including publication,
37-3 if other means of notification are ineffective, subject to the
37-4 requirements of the Texas Rules of Civil Procedure.]
37-5 [(b) Notice under this section must be delivered, mailed, or
37-6 published with sufficient time to allow for filing of an answer
37-7 before any hearing in this state, in accordance with the Texas
37-8 Rules of Civil Procedure applicable to the filing of an original
37-9 lawsuit. Each party whose rights, privileges, duties, or powers
37-10 may be affected by the action is entitled to receive notice by
37-11 citation and shall be commanded to appear by filing a written
37-12 answer. Thereafter, the proceedings shall be as in civil cases
37-13 generally.]
37-14 [(c) Proof of service outside this state may be made by the
37-15 affidavit of the individual who made the service or in the manner
37-16 prescribed by the law of this state, by the order under which the
37-17 service is made, or by the law of the place in which the service is
37-18 made. If service is made by mail, proof may be a receipt signed by
37-19 the addressee or other evidence of delivery to the addressee.]
37-20 [(d) Notice is not required if a person submits to the
37-21 jurisdiction of the court.]
37-22 [Sec. 152.006. SIMULTANEOUS PROCEEDINGS IN OTHER STATE. (a)
37-23 A court of this state may not exercise its jurisdiction under this
37-24 chapter if, at the time of filing the petition, a proceeding
37-25 concerning the custody of the child was pending in a court of
37-26 another state exercising jurisdiction substantially in conformity
37-27 with this chapter, unless the proceeding is stayed by the court of
38-1 the other state because this state is a more appropriate forum or
38-2 for other reasons.]
38-3 [(b) Before hearing the petition in a custody proceeding,
38-4 the court shall examine the pleadings and other information
38-5 supplied by the parties under Section 152.009 and shall consult the
38-6 child custody registry established under Section 152.016 concerning
38-7 the pendency of proceedings with respect to the child in other
38-8 states. If the court has reason to believe that proceedings may be
38-9 pending in another state, it shall direct an inquiry to the state
38-10 court administrator or other appropriate official of the other
38-11 state.]
38-12 [(c) If the court is informed during the course of the
38-13 proceeding that a proceeding concerning the custody of the child
38-14 was pending in another state before the court assumed jurisdiction,
38-15 it shall stay the proceeding and communicate with the court in
38-16 which the other proceeding is pending to the end that the issue may
38-17 be litigated in the more appropriate forum and that information may
38-18 be exchanged in accordance with Sections 152.019-152.022. If a
38-19 court of this state has made a custody decree before being informed
38-20 of a pending proceeding in a court of another state, it shall
38-21 immediately inform that court of the fact. If the court is
38-22 informed that a proceeding was commenced in another state after it
38-23 assumed jurisdiction, it shall likewise inform the other court to
38-24 the end that the issues may be litigated in the more appropriate
38-25 forum.]
38-26 [Sec. 152.007. INCONVENIENT FORUM. (a) A court that has
38-27 jurisdiction under this chapter to make an initial or modification
39-1 decree may decline to exercise its jurisdiction any time before
39-2 making a decree if it finds that it is an inconvenient forum to
39-3 make a custody determination under the circumstances of the case
39-4 and that a court of another state is a more appropriate forum.]
39-5 [(b) A finding of inconvenient forum may be made on the
39-6 court's own motion or on the motion of a party or a guardian ad
39-7 litem or other representative of the child.]
39-8 [(c) In determining whether it is an inconvenient forum, the
39-9 court shall consider whether it is in the best interest of the
39-10 child that another state assume jurisdiction. For this purpose,
39-11 the court may take into account the following factors, among
39-12 others:]
39-13 [(1) whether another state is or recently was the
39-14 child's home state;]
39-15 [(2) whether another state has a closer connection
39-16 with the child and the child's family or with the child and one or
39-17 more of the contestants;]
39-18 [(3) whether substantial evidence concerning the
39-19 child's present or future care, protection, training, and personal
39-20 relationships is more readily available in another state;]
39-21 [(4) whether the parties have agreed on another forum
39-22 that is no less appropriate; and]
39-23 [(5) whether the exercise of jurisdiction by a court
39-24 of this state would contravene any of the purposes stated in
39-25 Section 152.001.]
39-26 [(d) Before determining whether to decline or retain
39-27 jurisdiction, the court may communicate with a court of another
40-1 state and exchange information pertinent to the assumption of
40-2 jurisdiction by either court with a view to ensuring that
40-3 jurisdiction will be exercised by the more appropriate court and
40-4 that a forum will be available to the parties.]
40-5 [(e) If the court finds that it is an inconvenient forum and
40-6 that a court of another state is a more appropriate forum, it may
40-7 dismiss the proceedings, or it may stay the proceedings on
40-8 condition that a custody proceeding be promptly commenced in
40-9 another named state or on any other condition that may be just and
40-10 proper, including the condition that a moving party stipulate the
40-11 party's consent and submission to the jurisdiction of the other
40-12 forum.]
40-13 [(f) The court may decline to exercise its jurisdiction
40-14 under this chapter if a custody determination is incidental to an
40-15 action for divorce or another proceeding while retaining
40-16 jurisdiction over the divorce or other proceeding.]
40-17 [(g) If it appears to the court that it is clearly an
40-18 inappropriate forum, the court may require the party who commenced
40-19 the proceedings to pay, in addition to the costs of the proceedings
40-20 in this state, necessary travel and other expenses, including
40-21 attorney's fees, incurred by other parties or their witnesses.]
40-22 [(h) On dismissal or stay of proceedings under this section,
40-23 the court shall inform the court found to be the more appropriate
40-24 forum of this fact or, if the court that would have jurisdiction in
40-25 the other state is not certainly known, shall transmit the
40-26 information to the court administrator or other appropriate
40-27 official for forwarding to the appropriate court.]
41-1 [(i) Any communication received from another state informing
41-2 this state of a finding of inconvenient forum because a court of
41-3 this state is the more appropriate forum shall be filed in the
41-4 custody registry of the appropriate court. On assuming
41-5 jurisdiction, the court of this state shall inform the original
41-6 court of this fact.]
41-7 [Sec. 152.008. JURISDICTION DECLINED BY REASON OF CONDUCT.
41-8 (a) If the petitioner for an initial decree has wrongfully taken
41-9 the child from another state or has engaged in similar
41-10 reprehensible conduct, the court may decline to exercise
41-11 jurisdiction if just and proper under the circumstances.]
41-12 [(b) Unless required in the interest of the child, the court
41-13 may not exercise its jurisdiction to modify a custody decree of
41-14 another state if the petitioner, without consent of the person
41-15 entitled to custody, has improperly removed the child from the
41-16 physical custody of the person entitled to custody or has
41-17 improperly retained the child after a visit or other temporary
41-18 relinquishment of physical custody. If the petitioner has violated
41-19 any other provision of a custody decree of another state, the court
41-20 may decline to exercise its jurisdiction if just and proper under
41-21 the circumstances.]
41-22 [(c) In an appropriate case, a court dismissing a petition
41-23 under this section may charge the petitioner with necessary travel
41-24 and other expenses, including attorney's fees, incurred by other
41-25 parties or their witnesses.]
41-26 [Sec. 152.009. INFORMATION UNDER OATH TO BE SUBMITTED TO THE
41-27 COURT. (a) Unless all the contestants are residing in this state,
42-1 every party in a custody proceeding in the party's first pleading
42-2 or in an affidavit attached to that pleading shall give information
42-3 under oath as to the child's present address, the places where the
42-4 child has lived within the last five years, and the names and
42-5 present addresses of the persons with whom the child has lived
42-6 during that period. In this pleading or affidavit every party shall
42-7 further declare under oath whether the party:]
42-8 [(1) has participated (as a party, as a witness, or in
42-9 any other capacity) in any other litigation concerning the custody
42-10 of the same child in this or any other state;]
42-11 [(2) has information of any proceeding concerning the
42-12 child pending in a court of this or any other state; and]
42-13 [(3) knows of any person not a party to the
42-14 proceedings who has physical custody of the child or claims to have
42-15 custody or visitation rights with respect to the child.]
42-16 [(b) If the declaration as to any of the items in Subsection
42-17 (a) is in the affirmative, the declarant shall give additional
42-18 information under oath as required by the court. The court may
42-19 examine the parties under oath as to details of the information
42-20 furnished and as to other matters pertinent to the court's
42-21 jurisdiction and the disposition of the case.]
42-22 [(c) Each party has a continuing duty to inform the court of
42-23 any custody proceeding concerning the child in this or any other
42-24 state of which the party obtained information during the
42-25 proceeding.]
42-26 [Sec. 152.010. ADDITIONAL PARTIES. (a) If the court learns
42-27 from information furnished by the parties under Section 152.009 or
43-1 from other sources that a person not a party to the custody
43-2 proceeding has physical custody of the child or claims to have
43-3 custody or visitation rights with respect to the child, it shall
43-4 order that the person:]
43-5 [(1) be joined as a party; and]
43-6 [(2) be notified of the pendency of the proceeding and
43-7 of the person's joinder as a party.]
43-8 [(b) If the person joined as a party is outside this state,
43-9 the person must be served with process or otherwise notified in
43-10 accordance with Section 152.005.]
43-11 [Sec. 152.011. APPEARANCE OF PARTIES AND CHILD. (a) The
43-12 court may order any party to the proceeding who is in this state to
43-13 appear personally before the court. If that party has physical
43-14 custody of the child, the court may order that the party appear
43-15 personally with the child.]
43-16 [(b) If a party to the proceeding whose presence is desired
43-17 by the court is outside this state, with or without the child, the
43-18 court may order that the notice given under Section 152.005 include
43-19 a statement directing that party to appear personally, with or
43-20 without the child, and declaring that failure to appear may result
43-21 in a decision adverse to that party.]
43-22 [(c) If a party to the proceeding who is outside this state
43-23 is directed to appear under Subsection (b) or desires to appear
43-24 personally before the court, with or without the child, the court
43-25 may require another party to pay to the clerk of the court travel
43-26 and other necessary expenses of the party appearing and of the
43-27 child if just and proper under the circumstances.]
44-1 [Sec. 152.012. BINDING FORCE AND RES JUDICATA EFFECT OF
44-2 CUSTODY DECREE. A custody decree of a court of this state that has
44-3 jurisdiction under Section 152.003 binds all parties who have been
44-4 served in this state or notified in accordance with Section 152.005
44-5 or who have submitted to the jurisdiction of the court and who have
44-6 been given an opportunity to be heard. As to these parties, the
44-7 custody decree is conclusive as to all issues of law and fact
44-8 decided and as to the custody determination made, unless and until
44-9 that determination is modified.]
44-10 [Sec. 152.013. RECOGNITION OF OUT-OF-STATE CUSTODY DECREES.
44-11 The courts of this state shall recognize and enforce an initial or
44-12 modification decree of a court of another state that had assumed
44-13 jurisdiction under statutory provisions substantially in accordance
44-14 with this chapter or that was made under factual circumstances
44-15 meeting the jurisdictional standards of this chapter, so long as
44-16 the decree has not been modified in accordance with jurisdictional
44-17 standards substantially similar to those of this chapter.]
44-18 [Sec. 152.014. MODIFICATION OF CUSTODY DECREE OF ANOTHER
44-19 STATE. (a) If a court of another state has made a custody decree,
44-20 a court of this state may not modify the decree unless:]
44-21 [(1) it appears to the court of this state that the
44-22 court that rendered the decree does not have jurisdiction under
44-23 jurisdictional prerequisites substantially in accordance with this
44-24 chapter or has declined to assume jurisdiction to modify the
44-25 decree; and]
44-26 [(2) the court of this state has jurisdiction.]
44-27 [(b) If a court of this state is authorized under Subsection
45-1 (a) and Section 152.008 to modify a custody decree of another
45-2 state, it shall give due consideration to the transcript of the
45-3 record and other documents of all previous proceedings submitted to
45-4 it in accordance with Section 152.022.]
45-5 [Sec. 152.015. FILING AND ENFORCEMENT OF CUSTODY DECREE OF
45-6 ANOTHER STATE. (a) On payment of proper fees, a certified copy of
45-7 a custody decree of another state may be filed in the office of the
45-8 clerk of any district court or other appropriate court of this
45-9 state. The clerk shall treat the decree in the same manner as a
45-10 custody decree of a district court or other appropriate court of
45-11 this state. A custody decree filed under this section has the same
45-12 effect and shall be enforced in the same manner as a custody decree
45-13 rendered by a court of this state.]
45-14 [(b) A person whose violation of a custody decree of another
45-15 state makes it necessary to enforce the decree in this state may be
45-16 required to pay necessary travel and other expenses, including
45-17 attorney's fees, incurred by the party entitled to the custody or
45-18 the party's witnesses.]
45-19 [Sec. 152.016. REGISTRY OF OUT-OF-STATE CUSTODY DECREES AND
45-20 PROCEEDINGS. The clerk of each district court or other appropriate
45-21 court shall maintain a registry in which the clerk shall enter:]
45-22 [(1) certified copies of custody decrees of other
45-23 states received for filing;]
45-24 [(2) communications as to the pendency of custody
45-25 proceedings in other states;]
45-26 [(3) communications concerning a finding of
45-27 inconvenient forum by a court of another state; and]
46-1 [(4) other communications or documents concerning
46-2 custody proceedings in another state that may affect the
46-3 jurisdiction of a court of this state or the disposition to be made
46-4 by it in a custody proceeding.]
46-5 [Sec. 152.017. CERTIFIED COPIES OF CUSTODY DECREE. The
46-6 clerk of the district court or other appropriate court of this
46-7 state, at the request of the court of another state or at the
46-8 request of a person who is affected by or has a legitimate interest
46-9 in a custody decree, shall, on payment of proper fees, certify and
46-10 forward a copy of the decree to that court or person.]
46-11 [Sec. 152.018. TAKING TESTIMONY IN ANOTHER STATE. In
46-12 addition to other procedural devices available to a party, a party
46-13 to the proceeding or a guardian ad litem or other representative of
46-14 the child may adduce testimony of witnesses, including parties and
46-15 the child, by deposition or otherwise, in another state. The court
46-16 on its own motion may direct that the testimony of a person be
46-17 taken in another state and may prescribe the manner in which and
46-18 the terms on which the testimony shall be taken.]
46-19 [Sec. 152.019. HEARINGS AND STUDIES IN ANOTHER STATE; ORDERS
46-20 TO APPEAR. (a) A court of this state may request the appropriate
46-21 court of another state to hold a hearing to adduce evidence, to
46-22 order a party to produce or give evidence under other procedures of
46-23 that state, to have social studies made with respect to the custody
46-24 of a child involved in proceedings pending in the court of this
46-25 state, and to forward to the court of this state certified copies
46-26 of the transcript of the record of the hearing, the evidence
46-27 otherwise adduced, or any social studies prepared in compliance
47-1 with the request. The cost of the services may be assessed against
47-2 the parties or, if necessary, ordered paid by the state as costs of
47-3 court.]
47-4 [(b) A court of this state may request the appropriate court
47-5 of another state to order a party to custody proceedings pending in
47-6 the court of this state to appear in the proceedings and, if that
47-7 party has physical custody of the child, to appear with the child.
47-8 The request may state that travel and other necessary expenses of
47-9 the party and of the child whose appearance is desired will be
47-10 assessed against another party or will otherwise be paid.]
47-11 [Sec. 152.020. ASSISTANCE TO COURTS OF OTHER STATES. (a)
47-12 On request of the court of another state, the courts of this state
47-13 that are competent to hear custody matters may order a person in
47-14 this state to appear at a hearing to adduce evidence or to produce
47-15 or give evidence under other procedures available in this state or
47-16 may order social studies to be made for use in a custody proceeding
47-17 in another state. A certified copy of the transcript of the record
47-18 of the hearing or the evidence otherwise adduced and any social
47-19 studies prepared shall be forwarded by the clerk of the court to
47-20 the requesting court.]
47-21 [(b) A person in this state may voluntarily give the
47-22 person's testimony or statement in this state for use in a custody
47-23 proceeding outside this state.]
47-24 [(c) On request of the court of another state, a competent
47-25 court of this state may order a person in this state to appear
47-26 alone or with the child in a custody proceeding in another state.
47-27 The court may condition compliance with the request on assurance by
48-1 the other state that state travel and other necessary expenses will
48-2 be advanced or reimbursed.]
48-3 [Sec. 152.021. PRESERVATION OF DOCUMENTS FOR USE IN OTHER
48-4 STATES. In a custody proceeding in this state, the court shall
48-5 preserve the pleadings, orders, and decrees, a record that has been
48-6 made of its hearings, social studies, and other pertinent documents
48-7 until the child reaches 18 years of age or in accordance with the
48-8 law of this state. On appropriate request of the court of another
48-9 state and payment of proper fees, the court shall forward to the
48-10 other court certified copies of the documents.]
48-11 [Sec. 152.022. REQUEST FOR COURT RECORDS OF ANOTHER STATE.
48-12 If a custody decree has been rendered in another state concerning a
48-13 child involved in a custody proceeding pending in a court of this
48-14 state, the court of this state on taking jurisdiction of the case
48-15 may request of the court of the other state a certified copy of the
48-16 transcript of a court record and other documents listed in Section
48-17 152.021.]
48-18 [Sec. 152.023. INTERNATIONAL APPLICATION. The general
48-19 policies of this chapter extend to the international area. The
48-20 provisions of this chapter relating to the recognition and
48-21 enforcement of custody decrees of other states apply to custody
48-22 decrees and decrees involving legal institutions similar in nature
48-23 to custody institutions rendered by appropriate authorities of
48-24 other nations if reasonable notice and opportunity to be heard were
48-25 given to all affected persons.]
48-26 [Sec. 152.024. PRIORITY. On the request of a party to a
48-27 custody proceeding that raises a question of existence or exercise
49-1 of jurisdiction under this chapter, the case shall be given
49-2 calendar priority and handled expeditiously.]
49-3 [Sec. 152.025. SHORT TITLE. This chapter may be cited as
49-4 the Uniform Child Custody Jurisdiction Act.]
49-5 SECTION 2. This Act takes effect September 1, 1999, and
49-6 applies to a motion or other request for relief made in a child
49-7 custody proceeding or to enforce a child custody determination that
49-8 is commenced on or after that date. A motion or other request for
49-9 relief made in a child custody proceeding or to enforce a child
49-10 custody determination that was commenced before the effective date
49-11 of this Act is governed by the law in effect at the time the motion
49-12 or other request was made, and the former law is continued in
49-13 effect for that purpose.
49-14 SECTION 3. The importance of this legislation and the
49-15 crowded condition of the calendars in both houses create an
49-16 emergency and an imperative public necessity that the
49-17 constitutional rule requiring bills to be read on three several
49-18 days in each house be suspended, and this rule is hereby suspended.