International Custody in Texas: Hague Convention and Travel

How do international custody disputes work in Texas?

They follow the same jurisdiction rules as interstate cases. Under Texas Family Code § 152.105, a foreign country is treated as a state, so the child's home state, which may be a country, generally decides custody.

Two questions come first: which country is the child's home, and is there already an order from somewhere. If the child has lived in Texas for six months before filing, Texas usually has jurisdiction. If the child lived abroad, the foreign court usually does, and Texas will respect its order.

International cases add practical layers: serving papers on a parent in another country, translating records, and coordinating with a foreign lawyer or court. These steps take longer than in a case between two Texas parents, so the timeline depends heavily on the country involved.

Can Texas courts enforce custody orders from another country?

Yes, in most cases. Texas recognizes and enforces a foreign custody order made under facts and rules substantially like those of the UCCJEA (§ 152.105).

The exception is narrow: a Texas court need not apply the UCCJEA if the foreign country's child custody law violates fundamental principles of human rights. A foreign order can be registered in Texas the same way as another state's order.

What documents are needed to register a foreign custody order?

The core documents are those required by § 152.305 for any out-of-state order.

• A request to register.
• Two copies of the order, one certified by the foreign court.
• A sworn statement that the order has not been modified.
• Names and addresses of the parties given custody or visitation.
• For an order in another language, a certified English translation; authentication of the foreign document may also be needed.

The other parent then has 20 days after service to contest. Getting certified copies and translations from abroad can take weeks, which is worth knowing before a deadline approaches.

What if my spouse takes our child overseas during divorce?

If the child is taken to a country that is a Hague Convention partner with the United States, you can seek the child's return. Applications go through the U.S. State Department's Office of Children's Issues, and the case is decided by the courts of the country where the child is.

The Convention applies to children under 16. If the return case starts within one year of the wrongful removal or retention, the court must order return. After a year, it must still order return unless the child is now settled in the new environment. A court can also refuse return for a few narrow reasons, such as consent, a grave risk of harm, or the objection of a mature child.

The Hague court decides only where the custody case should be heard, not who gets custody. If the country is not a Hague partner, the options depend on that country's law and are often slower.

Can I stop my child from being taken out of the country?

Yes. A Texas court that finds a risk of international abduction can order measures under Texas Family Code § 153.503, including:

• Surrender of the child's passport and a bar on new passport or visa applications.
• A bar on removing the child from Texas or the United States.
• Supervised visitation.
• A bond large enough to cover the cost of recovering the child.
• Notice of the order to the State Department and the foreign country's embassy or consulate.

Parents can also enroll the child in the State Department's Children's Passport Issuance Alert Program, which notifies them if a passport application is filed for the child. More on custody terms is on the child custody page.

Do I need permission to travel internationally with my child after divorce?

It depends on what your decree says. Many Texas decrees set rules for international travel, such as advance notice, an itinerary, or written consent, and who holds the child's passport.

For a child under 16, a U.S. passport application generally needs both parents' consent, either in person or with a notarized consent form. Some countries also ask for a letter from the parent who is not traveling. If the decree is silent and the other parent objects, the court can add travel terms.

How do custody arrangements work when one parent lives abroad?

The court with jurisdiction sets a long-distance schedule built around travel, usually longer blocks in summer and over holidays rather than frequent short visits. Regular video calls are commonly ordered as a supplement to time in person.

The order usually says who pays for travel, who accompanies a young child, and what happens with passports. Where there is a risk of the child not being returned, the court can add the protections above. Parents in different countries can mediate with John over Zoom; see mediation.

Can a foreign divorce decree be recognized in Texas?

Generally yes. Texas courts usually recognize a foreign country's divorce as a matter of comity, provided the foreign court had jurisdiction and both spouses had notice and a chance to be heard.

If your divorce was finalized overseas and you now live in Dallas, its custody terms can be registered and enforced under § 152.105. Property located in Texas, child support, or issues the foreign court did not decide may need a Texas case. Whether a particular decree will be recognized depends on how and where it was obtained, so bring the full decree and service papers to a consultation.