Form 55-1

The risk of international parental abduction of a child may be an issue in the context of a divorce suit or other suit affecting the parent-child relationship. If so, the salient pleadings from this petition may be included in the petitions contained in this manual as forms 3-1 (divorce), 40-1 (original suit affect­ing the parent-child relationship), and 41-1 (modification of Texas order) or other appropriate petition. The following petition is appropriate if the court is being requested to deal solely with the issue of international parental abduction.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Original Petition in Suit Affecting the Parent-Child Relationship Seeking Prevention of International Parental Child Abduction

1.Discovery Level
TRCP 190.1

1.Discovery Level

Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

2.Objection to Assignment of Case to Associate Judge
§ 201.005

2.Objection to Assignment of Case to Associate Judge

Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.Parties
§ 102.008(b)(3); TCPRC § 30.014

3.Parties

This suit is brought by [name of petitioner], Petitioner. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]

Respondent is [name of respondent].

3.A.Petitioner Not Related to Child[ren]

Petitioner is not related to the child[ren] the subject of this suit.

3.B.Petitioner’s Relationship to Child[ren]

Petitioner is the [relationship] of the child[ren] the subject of this suit.

3.C.Petitioner’s Interest in Child[ren]
§§ 102.003, 102.004, 154.303

Petitioner has standing to bring this suit in that [state facts that bring petitioner within Tex. Fam. Code §§ 102.003, 102.004, and/or 154.303].

4.Jurisdiction
§§ 102.002, 102.008(b)(1), 155.001, 155.101

4.Jurisdiction

No court has continuing jurisdiction of this suit or of the child[ren] the subject of this suit.

5.Child[ren]
§ 102.008(b)(2)

5.Child[ren]

The following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

County of residence:

6.Person[s] Entitled to Citation
§ 102.009

6.Person[s] Entitled to Citation

6.A.Mother
§ 102.008(b)(4)

The mother of the child[ren] the subject of this suit is [name of mother].

•Service
§ 102.009(a)(7)

1.Personal

Process should be served [include if applicable: at [address, city, state, zip code]].

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

6.B.Father
§ 102.008(b)(4)

The father of the child[ren] the subject of this suit is [name of father]. [Include if applicable: [Name of father]’s paternity is evidenced by an unrescinded and uncontested acknowledgment of paternity of the child[ren] filed with the vital statistics unit on [date].]

•Service
§ 102.009(a)(7)

1.Personal

Process should be served [include if applicable: at [address, city, state, zip code]].

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

6.C.Court-Ordered Relationships

6.C.1.None Existing

There are no court-ordered conservatorships, court-ordered guardian­ships, or other court-ordered relationships affecting the child[ren] the subject of this suit.

6.C.2.Court-Ordered Relationships
§ 102.008(b)(5), (6), (7)

Persons having a court-ordered relationship with the child[ren] the sub­ject of this suit are:

Name:

Relationship:

•Service
§ 102.009

1.Personal

Process should be served [include if applicable: at [address, city, state, zip code]].

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

6.D.UCCJEA Information
§ 152.209

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

7.Nonresident Entitled to Citation
§ 102.011

7.Nonresident Entitled to Citation

[Name of nonresident], named above, is a nonresident of Texas.

7.A.Child[ren] Reside[s] in Texas
§ 102.011(b)(3)

The child[ren] the subject of this suit reside[s] in Texas as a result of the acts or directives of the nonresident person.

7.B.Former Resident
§ 102.011(b)(4)

The nonresident person has resided in Texas with the child[ren] the sub­ject of this suit.

7.C.Payment of Prenatal Expenses or Support
§ 102.011(b)(5)

The nonresident person has resided in Texas and provided prenatal expenses or support for the child[ren] the subject of this suit.

7.D.In-State Intercourse
§ 102.011(b)(6)

The nonresident person engaged in sexual intercourse in Texas, and the child[ren] the subject of this suit may have been conceived by that act of inter­course.

7.E.Personal Service of Citation
§ 102.011(b)(1)

The nonresident person was or will be personally served with citation in Texas.

7.F.Submission to Jurisdiction
§ 102.011(b)(2)

The nonresident person has submitted or will submit to the jurisdiction of Texas by consent, by entering a general appearance, or by filing a respon­sive document having the effect of waiving any contest to personal jurisdic­tion.

7.G.Paternity Registry/AOP
§ 102.011(b)(7)

The nonresident person [registered with the paternity registry main­tained by the vital statistics unit/signed an acknowledgment of paternity of a child born in Texas who is the subject of this suit] as provided by chapter 160 of the Texas Family Code.

7.H.Other Long-Arm Jurisdiction Facts
§ 102.011(b)(8)

8.Property
§ 102.008(b)(9)

8.Property

8.A.No Property

No property of consequence is owned or possessed by the child[ren] the subject of this suit.

8.B.Property

The following property is owned or possessed by the child[ren] the sub­ject of this suit and is valued as stated: [describe and state value of property for each child].

9.Protective Order Statement
§ 102.008(b)(11)

9.Protective Order Statement

9.A.No Order or Pending Application

No protective order under title 4 of the Texas Family Code, protective order under [chapter 7A/subchapter A of chapter 7B] of the Texas Code of Criminal Procedure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.

9.B.Order Issued

[Include as applicable: A protective order under title 4 of the Texas Fam­ily Code/A protective order under [chapter 7A/subchapter A, chapter 7B,] of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]

9.C.Application Pending

An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under [chapter 7A/subchapter A, chapter 7B,] of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emergency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]

10.Potential Risk of International Abduction
§§ 153.501–.502

10.Potential Risk of International Parental Abduction of Child[ren]

Respondent has taken, enticed away, kept, withheld, or concealed the child[ren] in violation of Petitioner’s right of possession of or access to the child[ren].

Respondent has previously threatened to take, entice away, keep, with­hold, or conceal the child[ren] in violation of Petitioner’s right of possession of or access to the child[ren].

Respondent lacks financial reason to stay in the United States and is [financially independent/able to work outside the United States/unemployed].

Respondent has recently engaged in planning activities that could facili­tate the removal of the child[ren] from the United States by Respondent parent, including [include as applicable: quitting a job/selling a primary residence/ter­minating a lease/closing bank accounts/liquidating assets/hiding or destroying documents/applying for a passport or visa or obtaining other travel documents for [Respondent/the child[ren]/Respondent and the child[ren]]/applying to obtain the child[ren]’s birth certificate[s] or school or medical records].

Respondent has a history of domestic violence.

Respondent has a criminal history or a history of violating court orders.

Respondent has strong familial, emotional, or cultural ties to another country, [name of foreign country] [include if applicable: , which is not a signa­tory to or compliant with the Hague Convention on the Civil Aspects of Inter­national Child Abduction].

Respondent lacks strong ties to the United States.

Respondent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect Respon­dent’s ability to legally remain in the United States.

Respondent’s application for United States citizenship has been denied by the United States Immigration and Naturalization Service.

Respondent has forged or presented misleading or false evidence to obtain a visa, a passport, a Social Security card, or another identification card or has made a misrepresentation to the United States government.

The foreign country to which Respondent has ties—

a.presents obstacles to the recovery and return of a child who is abducted to the country from the United States;

b.has no legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by Texas;

c.has local laws or practices that would [include as applicable: enable Respondent to prevent Petitioner from contacting the child[ren] without due cause/restrict Petitioner from freely traveling to or exiting from the country because of Petitioner’s gender, nationality, or religion/restrict the child[ren]’s ability to legally leave the country after the child[ren] reach[es] the age of majority because of the child[ren]’s gender, nationality, or religion];

d.is included by the United States Department of State on a list of state sponsors of terrorism;

e.is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country;

f.does not have an embassy of the United States in the country;

g.is engaged in active military action or war;

h.is not a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State;

i.does not provide for the extradition of a parental abductor and the return of the child to the United States;

j.poses a risk that the child’s physical health or safety would be endangered in [name of foreign country] because of [include as applicable: specific circumstances relating to the child/human rights violations committed against children, including [include as applicable: arranged marriages/lack of freedom of religion/child labor/lack of child abuse laws/female genital mutilation/slavery]].

11.Requested Relief
§ 153.503

11.Requested Relief

Petitioner requests that the Court appoint Petitioner as the child[ren]’s sole managing conservator and require supervised visitation of Respondent by a visitation center or independent organization until the Court finds under sec­tion 153.501 of the Texas Family Code that supervised visitation is no longer necessary.

Petitioner requests that the Court enjoin Respondent or any person act­ing on Respondent’s behalf from disrupting or removing the child[ren] from the school or child care facility in which the child[ren] [is/are] enrolled or approaching the child[ren] at any location other than a site designated for supervised visitation.

Petitioner requests that the Court order passport and travel controls, including controls that [include as applicable: prohibit Respondent and any person acting on Respondent’s behalf from removing the child[ren] from Texas or the United States/require Respondent to surrender any passport issued in the child[ren]’s name[s], including any passport issued in the name of both Respondent and the child[ren]/prohibit Respondent from applying on behalf of the child[ren] for a new or replacement passport or international travel visa].

Petitioner requests that the Court require Respondent to provide—

a.to the United States Department of State’s Office of Chil­dren’s Issues and the relevant foreign consulate or embassy, written notice of the court-ordered passport and travel restric­tions for the child[ren] and a properly authenticated copy of the court order detailing the restrictions and documentation of Respondent’s agreement to the restrictions; and

b.to the Court, proof of receipt of the required written notice by the United States Department of State’s Office of Children’s Issues and the relevant foreign consulate or embassy.

Petitioner requests that the Court order Respondent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child[ren] if the child[ren] [is/are] abducted by Respondent to a foreign coun­try.

Petitioner requests that the Court authorize the appropriate law enforce­ment agencies to take measures to prevent the abduction of the child[ren] by Respondent.

Petitioner requests that the Court include in its order provisions identify­ing the United States as the country of habitual residence of the child[ren], defining the basis for the Court’s exercise of jurisdiction, and stating that Respondent’s violation of the order may subject Respondent to a civil penalty or a criminal penalty or to both civil and criminal penalties.

12.Ad Litems/Amicus

12.Appointment of [Ad Litem[s]/Amicus Attorney]

12.A.Child[ren]
§§ 107.001, 107.021

12.A.1.Guardian Ad Litem

Petitioner requests the Court to appoint a guardian ad litem to represent the best interests of the child[ren] the subject of this suit.

12.A.2.Attorney Ad Litem

Petitioner requests the Court to appoint an attorney ad litem to provide legal services for the child[ren].

12.A.3.Amicus Attorney

Petitioner requests the Court to appoint an amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren].

12.B.Service by Publication
TRCP 244

One or more persons entitled to citation must be cited by publication, and Petitioner requests the Court to appoint an attorney ad litem for any party so cited who may default or fail to appear.

13.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002

13.Request for Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Petitioner to secure the services of [name of attor­ney], a licensed attorney, to preserve and protect the child[ren]’s rights. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Respondent and be ordered paid directly to Peti­tioner’s attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.

14.Prayer

14.Prayer

•Required in All Petitions

Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition.

•Attorney’s Fees, Expenses, Costs, and Interest

Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.

•Required in All Petitions

Petitioner prays for general relief.

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]