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.
(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(d) A record of all of the proceedings under this chapter relating to a child custody determination made in a foreign country or to the enforcement of an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction shall be made by a court reporter or as provided by Section 201.009.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 92 (S.B. 1490), Sec. 1, eff. September 1, 2011.
Notes of Decisions
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App. 2002).
“See Tex.Fam.Code Ann. § 152.105(a). 6 . In effect, this case presents the reverse of the scenario envisioned by Section 152.”
In re Salminen, 492 S.W.3d 31 (Tex. App. 2016).
“) (citing Tex. Fam. Code Ann. § 152.105 (a) (Vernon Supp.”
In Re Lewin, 149 S.W.3d 727 (Tex. App. 2004).
“202(a)(2) was satisfied when the Canadian court, which is considered to be a *737 court of another state, see Tex. Fam.Code Ann. § 152.105(a) (West 2002) (“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…”
In Re Calderon-Garza, 81 S.W.3d 899 (Tex. App. 2002).
“Tex.Fam.Code Ann. § 152.105; see Sampson & Tindall, Texas Family Code Annotated § 152.”
In the Interest of Y.M.A. & Y.M.A, 111 S.W.3d 790 (Tex. App. 2003).
· cites it 2× “Tex. Fam.Code Ann. § 152.105(a). Thus, 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.”
in the Interest of S.J.O.B.G., 292 S.W.3d 764 (Tex. App. 2009).
· cites it 2× “pursuant to Texas Family Code Section 152.105 of the Uniform Child Custody Jurisdiction and Enforcement Act.”
in the Interest of A.S.C.H., a Child, 380 S.W.3d 346 (Tex. App. 2012).
“A “child custody determination” made in a foreign country must be recognized and enforced if that determination was made “under factual circumstances in substantial conformity with the jurisdictional standards” of the UCCJEA.”
In Re Yma, 111 S.W.3d 790 (Tex. App. 2003).
· cites it 2× “Tex. Fam.Code Ann. § 152.105(a). Thus, 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.”
In Re Sjobg, 292 S.W.3d 764 (Tex. App. 2009).
· cites it 2× “pursuant to Texas Family Code Section 152.105 of the Uniform Child Custody Jurisdiction and Enforcement Act.”
— Tex. Fam. Code § 152.105(a) — 18 cases
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App. 2002).
“See Tex.Fam.Code Ann. § 152.105(a). 6 . In effect, this case presents the reverse of the scenario envisioned by Section 152.”
In Re Lewin, 149 S.W.3d 727 (Tex. App. 2004).
“202(a)(2) was satisfied when the Canadian court, which is considered to be a *737 court of another state, see Tex. Fam.Code Ann. § 152.105(a) (West 2002) (“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…”
in the Interest of A.S.C.H., a Child, 380 S.W.3d 346 (Tex. App. 2012).
“A “child custody determination” made in a foreign country must be recognized and enforced if that determination was made “under factual circumstances in substantial conformity with the jurisdictional standards” of the UCCJEA.”
— Tex. Fam. Code § 152.105(c) — 3 cases
In the Interest of Y.M.A. & Y.M.A, 111 S.W.3d 790 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 152.105(a). Thus, 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.”
In Re Yma, 111 S.W.3d 790 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 152.105(a). Thus, 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.”
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