Legal Question in Family Law in Texas
divorce/custody
If one parent of a legally married couple takes the children to another country without the other parent's permission, what rights does the remaining parent have in having the children returned?
Asked on 12/01/08, 12:34 pm
1 Answer from Attorneys
Robert Matlock
Robert J. Matlock, P.C.
Re: divorce/custody
There are sections of the Family Code that deal with that situation. There is also an international treaty called the Hague Convention concerning the return of children if there is an existing order concerning possession. There is also a federal child kidnapping statute that deals with the issue.
However, all of those statutes require some form of court order. Therefore, if there is a threat not to return the children, it would be wise to file a lawsuit asap.
Answered on 12/01/08, 12:39 pm
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