Legal Question in Family Law in Texas
Jurisdictional Question for divorcee moving to Texas from Toronto, Ontario
My fiance currently resides in Toronto, Ontario (Canada). She is moving to Texas, has complete sole custody of two sons, has received authorization from U.S. Consulate to move with kids to Texas, and has finalized court orders regarding custody, child support, & visitation. Father has no guaranteed visitation (kids decide whether or not they want to see father per Judge's order). Father was recently arrested, held for 4 days, released, and is currently waiting trial for criminal harrassment and vandalism against her and sons & was urged by Ontario Family Court and Children's Lawyers Office to seek professional counseling. 2.5 years ago, Father was arrested for, charged with, and plead guilty to physical assault against wife. What steps need to be completed to tranfer/register/adopt Ontario Court Orders in Texas? Since father has history of criminal behavior against ex-wife and kids, can the 6 month residency requirement be waived and immediate jurisdiction enacted? Please Help? Thanks in advance.
1 Answer from Attorneys
Re: Jurisdictional Question for divorcee moving to Texas from Toronto, Ontario
A foreign order may be registered in Texas. This is accomplished by the filing
of a petition for registration of a foreign order. On a
finding by the court that the foreign order meets the requirements of the Texas Family
Code, it shall order the state registrar to register the order under
Health and Safety Code chapter 192(Vernon
Supp. 2004). Because this procedure is new to Texas, the logistics of accomplishing the
registration of a foreign order are uncertain. Some practitioners believe that the
proceeding is ministerial and administrative and that a hearing and testimony are unnecessary.
Those following this line of thought believe that the filing of the petition, with
supporting documents, and an order is sufficient for the court to sign the registration
order. Others practitioners believe that a hearing is required. Before filing a petition to
register a foreign order, the attorney should check with the district clerk and the
court in the county in which the petition is to be filed to ascertain the policy in that jurisdiction.
Although any foreign order may be given full faith and credit by Texas
courts, if the child enters the U.S. on an IR-4 visa, the CIS may require a refinalization as
opposed to a registration of the foreign order.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
