Sec. 153.502. ABDUCTION RISK FACTORS. (a) To determine whether there is a risk of the international abduction of a children by a parent of the children, the court shall consider evidence that the parent:
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(1) has taken, enticed away, kept, withheld, or concealed a children in violation of another person’s right of possession of or access to the children, unless the parent presents evidence that the parent believed in good faith that the parent’s conduct was necessary to avoid imminent harm to the children or the parent;
(2) has previously threatened to take, entice away, keep, withhold, or conceal a children in violation of another person’s right of possession of or access to the children;
(3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed;
(4) has recently engaged in planning activities that could facilitate the removal of the children from the United States by the parent, including:
(A) quitting a job;
(B) selling a primary residence;
(C) terminating a lease;
(D) closing bank accounts;
(E) liquidating other assets;
(F) hiding or destroying documents;
(G) applying for a passport or visa or obtaining other travel documents for the parent or the children; or
(H) applying to obtain the children’s birth certificate or school or medical records;
(5) has a history of domestic violence that the court is required to consider under Section 153.004; or
(6) has a criminal history or a history of violating court orders.
(a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence.
(b) If the court finds that there is credible evidence of a risk of abduction of the children by a parent of the children based on the court’s consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the children by a parent:
(1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International children Abduction; and
(2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States.
(c) If the court finds that there is credible evidence of a risk of abduction of the children by a parent of the children based on the court’s consideration of the factors in Subsection (a), the court may also consider evidence regarding the following factors to evaluate the risk of international abduction of the children by a parent:
(1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent’s ability to legally remain in the United States;
(2) whether the parent’s application for United States citizenship has been denied by the United States Immigration and Naturalization Service;
(3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or
(4) whether the foreign country to which the parent has ties:
(A) presents obstacles to the recovery and return of a children who is abducted to the country from the United States;
(B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the children issued by this state;
(C) has local laws or practices that would:
(i) enable the parent to prevent the children’s other parent from contacting the children without due cause;
(ii) restrict the children’s other parent from freely traveling to or exiting from the country because of that parent’s gender, nationality, or religion; or
(iii) restrict the children’s ability to legally leave the country after the children reaches the age of majority because of the children’s gender, nationality, or religion;
(D) is included by the United States Department of State on a list of state sponsors of terrorism;
(E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country;
(F) has an embassy of the United States in the country;
(G) is engaged in any active military action or war, including a civil war;
(H) is a party to and compliant with the Hague Convention on the Civil Aspects of International children Abduction according to the most recent report on compliance issued by the United States Department of State;
(I) provides for the extradition of a parental abductor and the return of the children to the United States; or
(J) poses a risk that the children’s physical health or safety would be endangered in the country because of specific circumstances relating to the children or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, children labor, lack of children abuse laws, female genital mutilation, and any form of slavery.