Sec. 42.006. DAMAGES. (a) Damages may include:
(1) reasonable and necessary attorney's fees, court costs, and expenses incurred in:
(A) locating a child who is the subject of the order;
(B) recovering possession of the child if the petitioner is entitled to possession; and
(C) enforcing the order and prosecuting the suit; and
(2) mental suffering and anguish incurred by the plaintiff because of a violation of the order.
(b) A person liable for damages who acted with malice or with an intent to cause harm to the plaintiff may be liable for exemplary damages.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 15, eff. September 1, 2025.
Notes of Decisions
Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1997).
“004(4) (person who establishes cause of action for interception of communication is entitled to punitive damages); Tex.Fam.Code § 42.006(b) (person liable for interference with possessory right to a child who acted with malice or intent to cause harm may be hable for exemplary…”
In the Interest of T.M.P. & J.C.P., Child., 417 S.W.3d 557 (Tex. App. 2013).
· cites it 2× “Tex.Fam.Code Ann. § 42.006 (West 2008). Appellants complain that there was insufficient evidence to demonstrate they acted with malice or intent to harm, which is a requirement for an award of exemplary damages.”
Bos v. Smith, 492 S.W.3d 361 (Tex. App. 2016).
· cites it 3× “” Tex. Fam. Code Ann. § 42.006 (a)(1) (West, Westlaw through 2015 R.”
Hardy v. Mitchell, 195 S.W.3d 862 (Tex. App. 2006).
“Tex. Fam.Code Ann. § 42.006(a) (Vernon 2002).”
— Tex. Fam. Code § 42.006(a) — 1 case
Hardy v. Mitchell, 195 S.W.3d 862 (Tex. App. 2006).
“Tex. Fam.Code Ann. § 42.006(a) (Vernon 2002).”
— Tex. Fam. Code § 42.006(a)(1) — 1 case
Bos v. Smith, 492 S.W.3d 361 (Tex. App. 2016).
“” Tex. Fam. Code Ann. § 42.006 (a)(1) (West, Westlaw through 2015 R.”
— Tex. Fam. Code § 42.006(a)(l) — 1 case
In the Interest of T.M.P. & J.C.P., Child., 417 S.W.3d 557 (Tex. App. 2013).
“Tex.Fam.Code Ann. § 42.006 (West 2008). Appellants complain that there was insufficient evidence to demonstrate they acted with malice or intent to harm, which is a requirement for an award of exemplary damages.”
— Tex. Fam. Code § 42.006(b) — 1 case
Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1997).
“004(4) (person who establishes cause of action for interception of communication is entitled to punitive damages); Tex.Fam.Code § 42.006(b) (person liable for interference with possessory right to a child who acted with malice or intent to cause harm may be hable for exemplary…”
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