BILL ANALYSIS
Senate Research Center S.B. 956
By: West, Royce
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law provides certain remedies that a judge may order if the judge finds that there is a risk of international child abduction and sets forth certain factors that a judge is required to consider when evaluating whether the risk of international abduction exists. However, a judge considering international child abduction risk factors is not authorized to take into consideration issues of family violence or the activities that a victim of family violence has taken in trying to implement a safety plan to escape future abuse.
As proposed, S.B. 956 amends the Family Code to require a judge to additionally consider whether certain activities indicating an abduction risk are related to a threat of family violence.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 153.502(a), Family Code, as follows:
(a) Includes evidence that a parent's conduct, while acting in good faith, was necessary to avoid imminent harm to the parent, and evidence that the parent recently engaged in certain activities related to the implementation of a safety plan for the child to flee from family violence, as evidence that the court is required to consider in determining whether there is a risk of a child's international abduction by the child's parent.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2007.