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Hague Convention - Child Abduction

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The Hague Convention on the Civil Aspects of International Child Abduction in Cases Involving Battered Respondents

A Texas Bench Guide for State and Federal Court Judges

This Guide was completed in 2017 by the Texas Hague Convention Domestic Violence Bench Guide Consulting Committee, in collaboration with the Texas Office of Court Administration, and the Hague Domestic Violence Project at the Goldman School of Public Policy, University of California Berkeley. It was created to assist both state and federal court judges in Texas who are confronted with a petition for the return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction in cases that involve domestic violence.

The Guide’s central focus is the relationship between domestic violence and the Hague Convention in cases in which the taking parent has been psychologically or physically abused by the left-behind parent.

Part I of the Guide provides an overview of the Convention and its implementing law, as well as a discussion of a court’s jurisdiction over a Hague Convention case and relevant court procedure.

Part II discusses the intersection between domestic violence and the Hague Convention.

Part III and Part IV provide a detailed review of the elements of the petitioner’s prima facie case for return and the available defenses to return, respectively.

Part V of the Guide offers multiple case scenarios based on real cases followed by an analysis of the issues raised in each scenario.

Part VI consists of case notes organized by topic area.

The Guide includes an At-A-Glance section, a case flowchart, and a glossary of Convention-specific terminology.

This Guide is applicable to:

  • Petitions filed pursuant to the Hague Convention;

  • Petitions filed in U.S. courts (state or federal); and

  • Petitions seeking return of a child to his or her habitual residence.

This Guide is NOT applicable to:

  • Cases involving rights of access (also referred to as access cases);

  • Cases in which the child has been removed from or retained outside of the United States; or

  • Cases in which the left-behind parent is a victim of domestic violence.

More Information

For more information on this or other domestic violence issues in Texas, contact Kimberly Piechowiak, OCA Domestic Violence Training Attorney, at 512.936.6390.