\nCHAPTER 42. CIVIL LIABILITY FOR INTERFERENCE WITH POSSESSORY INTEREST IN CHILD\n<\/p>\n
\nSec. 42.001. DEFINITIONS. In this chapter:\n<\/p>\n
\n(1) "Order" means a temporary or final order of a court of this state or another state or nation.\n<\/p>\n
\n(2) "Possessory right" means a court-ordered right of possession of or access to a child, including conservatorship, custody, and visitation.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.\n<\/p>\n
\nSec. 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person.\n<\/p>\n
\n(b) A possessory right is violated by the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.\n<\/p>\n
\nSec. 42.003. AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who aids or assists in conduct for which a cause of action is authorized by this chapter is jointly and severally liable for damages.\n<\/p>\n
\n(b) A person who was not a party to the suit in which an order was rendered providing for a possessory right is not liable unless the person at the time of the violation:\n<\/p>\n
\n(1) had actual notice of the existence and contents of the order; or\n<\/p>\n
\n(2) had reasonable cause to believe that the child was the subject of an order and that the person’s actions were likely to violate the order.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.\n<\/p>\n
\nSec. 42.005. VENUE. A suit may be filed in a county in which:\n<\/p>\n
\n(1) the plaintiff resides;\n<\/p>\n
\n(2) the defendant resides;\n<\/p>\n
\n(3) a suit affecting the parent-child relationship as provided by Chapter 102 may be brought, concerning the child who is the subject of the court order; or\n<\/p>\n
\n(4) a court has continuing, exclusive jurisdiction as provided by Chapter 155.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.\n<\/p>\n
\nSec. 42.006. DAMAGES. (a) Damages may include:\n<\/p>\n
\n(1) the actual costs and expenses incurred, including attorney’s fees, in:\n<\/p>\n
\n(A) locating a child who is the subject of the order;\n<\/p>\n
\n(B) recovering possession of the child if the petitioner is entitled to possession; and\n<\/p>\n
\n(C) enforcing the order and prosecuting the suit; and\n<\/p>\n
\n(2) mental suffering and anguish incurred by the plaintiff because of a violation of the order.\n<\/p>\n
\n(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.\n<\/p>\n
\nAmended 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.\n<\/p>\n
\nSec. 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.\n<\/p>\n
\nAmended 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.\n<\/p>\n
\nSec. 42.008. REMEDIES NOT AFFECTED. This chapter does not affect any other civil or criminal remedy available to any person, including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit filed on behalf of the child.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.\n<\/p>\n
\nSec. 42.009. FRIVOLOUS SUIT. A person sued for damages as provided by this chapter is entitled to recover attorney’s fees and court costs if:\n<\/p>\n
\n(1) the claim for damages is dismissed or judgment is awarded to the defendant; and\n<\/p>\n
\n(2) the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.\n<\/p>\n
\nAmended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.<\/p>\n","protected":false},"excerpt":{"rendered":"
CHAPTER 42. CIVIL LIABILITY FOR INTERFERENCE WITH POSSESSORY INTEREST IN CHILD Sec. 42.001. DEFINITIONS. In this chapter: (1) "Order" means a temporary or final order of a court of this state or another state or nation. (2) "Possessory right" means a court-ordered right of possession of or access to a child, including conservatorship, custody, and […]<\/p>\n","protected":false},"author":33,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[235],"tags":[],"yoast_head":"\n