Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 157. ENFORCEMENT
Texas Codes

Tex. Fam. Code § 157.375 (2026)

Immunity To Civil Process

✓ current as of May 2026
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Sec. 157.375. IMMUNITY TO CIVIL PROCESS. (a) While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the writ is pending. The relator is subject to process and jurisdiction in that court only for the purpose of prosecuting the writ.

(b) A request by the relator for costs, attorney's fees, and necessary travel and other expenses under Chapter 106 or 152 is not a waiver of immunity to civil process.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2025 · leading case: Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371 (Tex. 2006).
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Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371 (Tex. 2006). · cites it 2× “, TEX. FAM. CODE § 157.375(a) ("While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the…”
In Re Bradshaw, 273 S.W.3d 851 (Tex. App. 2008). “See Tex. Fam.Code Ann. § 157.375 (Vernon 2002) (providing relator is not amenable to civil process while in Texas for sole purpose of compelling return of child through habeas corpus proceeding); Marshall v.”
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11 (Tex. App. 2025). “13 in this state for the sole purpose of compelling This approach began with a per curiam opinion in 1999, 14 the return of a child through a habeas corpus which distinguished a 1988 opinion that appeared to say proceeding, the relator is not amenable to civil the opposite.”
— Tex. Fam. Code § 157.375(a) — 2 cases
Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371 (Tex. 2006). “, TEX. FAM. CODE § 157.375(a) ("While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the…”
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11 (Tex. App. 2025). “13 in this state for the sole purpose of compelling This approach began with a per curiam opinion in 1999, 14 the return of a child through a habeas corpus which distinguished a 1988 opinion that appeared to say proceeding, the relator is not amenable to civil the opposite.”
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