CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

State Codes and Statutes

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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.

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.

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.

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

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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

(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.

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

(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

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

(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

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.

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).

(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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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