Tex. Codes » Family Code · TITLE 2. CHILD IN RELATION TO THE FAMILY · SUBTITLE B. PARENTAL LIABILITY · CHAPTER 42. CIVIL LIABILITY FOR INTERFERENCE WITH POSSESSORY INTEREST IN CHILD
Texas Codes

Tex. Fam. Code § 42.007 (2026)

Affirmative Defense

✓ laws through the 89th Legislature (2025)
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Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 437, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 2 cases, 2002–2016 · leading case: Eberle v. Adams, 73 S.W.3d 322 (Tex. App.—Houston [1st Dist.] 2002).
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Eberle v. Adams, 73 S.W.3d 322 (Tex. App.—Houston [1st Dist.] 2002). “See Tex. Fam.Code Ann. § 42.007 (stating sole defense to statutory tort is that “the defendant acted in violation of the order with the express consent of the plaintiff’).”
Bos v. Smith, 492 S.W.3d 361 (Tex. App.—Corpus Christi 2016). “See Tex. Fam. Code Ann. § 42.007 (West, Westlaw through 2015 R.”
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