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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of family violence in the risk assessment |
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for international parental abduction of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 153.502, Family Code, is |
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amended to read as follows: |
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(a) To determine whether there is a risk of the |
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international abduction of a child by a parent of the child, the |
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court shall consider evidence that the parent: |
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(1) has taken, enticed away, kept, withheld, or |
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concealed a child in violation of another person's right of |
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possession of or access to the child, unless the parent presents |
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evidence that the parent believed in good faith that the parent's |
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conduct was necessary to avoid imminent harm to the parent or the |
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child; |
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(2) has previously threatened to take, entice away, |
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keep, withhold, or conceal a child in violation of another person's |
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right of possession of or access to the child; |
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(3) lacks financial reason to stay in the United |
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States, including evidence that the parent is financially |
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independent, is able to work outside of the United States, or is |
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unemployed; |
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(4) has recently engaged in planning activities, other |
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than planning activities related to carrying out a safety plan to |
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flee from family violence, that could facilitate the removal of the |
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child from the United States by the parent, including: |
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(A) quitting a job; |
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(B) selling a primary residence; |
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(C) terminating a lease; |
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(D) closing bank accounts; |
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(E) liquidating other assets; |
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(F) hiding or destroying documents; |
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(G) applying for a passport or visa for the |
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parent or the child; or |
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(H) applying to obtain the child's birth |
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certificate or school or medical records; |
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(5) has a history of domestic violence that the court |
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is required to consider under Section 153.004; or |
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(6) has a criminal history or a history of violating |
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court orders. |
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SECTION 2. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship or suit for |
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modification pending in a trial court on the effective date of this |
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Act or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |