Rule 308a. In Suits Affecting the Parent-child Relationship

When the court has ordered child support or possession of or access to a child and it is claimed that the order has been violated, the person claiming that a violation has occurred shall make this known to the court. The court may appoint a member of the bar to investigate the claim to determine whether there is reason to believe that the court order has been violated. If the attorney in good faith believes that the order has been violated, the attorney shall take the necessary action as provided under Chapter 14, Family Code. On a finding of a violation, the court may enforce its order as provided in Chapter 14, Family Code. Except by order of the court, no fee shall be charged by or paid to the attorney representing the claimant. If the court determines that an attorney’s fee should be paid, the fee shall be adjudged against the party who violated the court’s order. The fee may be assessed as costs of court, or awarded by judgment, or both.

Committee Notes

Comment to 1990 change: This rule has been completely rewritten and designed to broaden its application to cover problems dealing with possession and access to a child as well as support. RULE 308b. DETERMINING THE ENFORCEABILITY OF A JUDGMENT OR ARBITRATION AWARD BASED ON FOREIGN LAW IN CERTAIN SUITS UNDER THE FAMILY CODE (a) Definitions. In this rule: (1) Comity means the recognition by a court of one jurisdiction of the laws and judicial decisions of another jurisdiction. (2) Foreign law means a law, rule, or code of a jurisdiction outside of the states and territories of the United States. (b) Applicability of This Rule. (1) Except as provided in (2) and (3), this rule applies to the recognition or enforcement of a judgment or arbitration award based on foreign law in a suit involving a marriage relationship or a parent-child relationship under the Family Code. (2) This rule does not apply to an action brought under the International Child Abduction Remedies Act (22 U.S.C. § 9001 et seq. ) concerning rights under the Hague Convention on the Civil Aspects of International Child Abduction. (3) In the event of a conflict between this rule and any federal or state law, the federal or state law will prevail. (c) Applicability of Texas Rule of Evidence 203. (1) Paragraphs (c) and (d) of Rule 203, Texas Rules of Evidence, apply to an action under this rule. (2) Paragraphs (a) and (b) of Rule 203, Texas Rules of Evidence, do not apply to an action under this rule. (d) Notice. (1) Party Seeking Enforcement of a Judgment or Arbitration Award Based on Foreign Law. Within 60 days of filing an original pleading, the party seeking enforcement must give written notice to the court and all parties that describes the court’s authority to enforce or decide to enforce the judgment or award. (2) Party Opposing Enforcement of a Judgment or Arbitration Award Based on Foreign Law. Within 30 days of the date that a notice under (1) is served, a party opposing enforcement must give written notice to the court and all parties that explains the basis for the party’s opposition and states whether the party asserts that the judgment or award violates constitutional rights or public policy. (e) Pretrial Conference. Within 75 days of the date that a notice under (d)(1) is served, the court must conduct a pretrial conference to set deadlines and make other appropriate orders regarding: (1) the submission of materials for the court to consider in determining foreign law; (2) the translation of foreign-language documents; and (3) the designation of expert witnesses. (f) Determination Hearing and Order. (1) At least 30 days before trial, the court must conduct a hearing on the record to determine whether to enforce the judgment or award. The parties must have timely notice of the hearing. (2) Within 15 days of the hearing, the Court must issue a written order on the determination that includes findings of fact and conclusions of law. This deadline must not be altered absent extraordinary circumstances. (3) The court may issue any order necessary to preserve the principles of comity or the freedom to contract for arbitration while protecting against violations of constitutional rights and public policy. (4) The court must comply with all requirements of this paragraph and make an independent determination whether to enforce the judgment or award even if no party opposes enforcement of the judgment or award. (g) Temporary Orders. Notwithstanding any other provision of this rule, the court may set filing deadlines and conduct the determination hearing to accommodate the circumstances of the case in connection with issuing temporary orders.