House Bill 1042 - Session Law Chapter 023 Year 2021

Source

Section 1

This section modifies existing section 26.27.051. Here is the modified chapter for context.

  1. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.

  2. Except as otherwise provided in subsection (3) or (4) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

  3. A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

  4. A court of this state need not apply this chapter if the law of a foreign country holds that apostasy, or a sincerely held religious belief or practice, or homosexuality are punishable by death, and a parent or child may be at demonstrable risk of being subject to such laws. For the purposes of this subsection, "apostasy" means the abandonment or renunciation of a religious or political belief.

Section 2

This act applies to child custody proceedings or proceedings to enforce a child custody determination pending as of the effective date of this section, or commenced on or after the effective date of this section.


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