By: West, et al. S.B. No. 491
A BILL TO BE ENTITLED
AN ACT
relating to consideration of family violence in the risk assessment
for international parental abduction of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.502, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) To determine whether there is a risk of the
international abduction of a child by a parent of the child, the
court shall consider evidence that the parent:
(1) has taken, enticed away, kept, withheld, or
concealed a child in violation of another person's right of
possession of or access to the child, unless the parent presents
evidence that the parent believed in good faith that the parent's
conduct was necessary to avoid imminent harm to the child or the
parent;
(2) has previously threatened to take, entice away,
keep, withhold, or conceal a child in violation of another person's
right of possession of or access to the child;
(3) lacks financial reason to stay in the United
States, including evidence that the parent is financially
independent, is able to work outside of the United States, or is
unemployed;
(4) has recently engaged in planning activities that
could facilitate the removal of the child from the United States by
the parent, including:
(A) quitting a job;
(B) selling a primary residence;
(C) terminating a lease;
(D) closing bank accounts;
(E) liquidating other assets;
(F) hiding or destroying documents;
(G) applying for a passport or visa or obtaining
other travel documents for the parent or the child; or
(H) applying to obtain the child's birth
certificate or school or medical records;
(5) has a history of domestic violence that the court
is required to consider under Section 153.004; or
(6) has a criminal history or a history of violating
court orders.
(a-1) In considering evidence of planning activities under
Subsection (a)(4), the court also shall consider any evidence that
the parent was engaging in those activities as a part of a safety
plan to flee from family violence.
SECTION 2. The changes in law made by this Act apply to a
suit affecting the parent-child relationship or suit for
modification pending in a trial court on the effective date of this
Act or filed on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.