The Texas Parental Child Abduction Act
Sign Now
The Texas Parental Child Abduction Act
This measure to protect our families and communities is seeking presentation for legislation.
A petition to be presented as A BILL
to prevent malicious actions and neglect unto all parties involved in the care and guardianship of a minor child. This potential law seeks to make the act of withholding, enabling, or the embedding of the disappearance of a minor child from their place of residence by a parent, custodian or guardian punishable under criminal code. Currently there is not a law in effect to prevent this act of abuse from occurring. As of 2006, IT IS LEGAL in Texas to kidnap or withhold your child(ren) from the other parent or family members. This act is to benefit all parties affected by this maliciously selfish act prior to the event of a court mandated or court mediated child custody order. This act will enable the victims in these cases to seek legal recourse. For example, this law would greatly support cases in which a peaceful resolve would not exist; if one Parent seeks to separate from the residence of the child, the marriage, and/or common law union of the relationship, from the childs other parent for any reason and that parent seeks to choose flight with the child(ren). Or if a Conservator, Guardian, or Caregiver refuses access to the child(ren), or the return of the child(ren) to the rightful residence without properly notifying law officials of cases of physical, sexual, and emotional abuse against the child and/or spouse. It is the duty of all citizens to report any suspected abuse. This law will also force a suspicion and act of abuse to be reported.
You, the parent or custodian of the child(ren), may seek relief under the Texas Parental Child Abduction Act (T.P.C.A.A.).
Under this statute, enforcement by local and state police authorities is mandatory and certain acts of parental child abduction are considered a criminal offense; therefore law enforcement agencies must assist you in the return of the child(ren) under the guidelines of the T.P.C.A.A. This petition is seeking an addendum to CHAPTER 42 of the State of Texas Civil Liability for Interference with Possessor Interest in Child.
Under this proposed law, parameters are to be met before filing such complaint and enforcement action is ensued:
Eligibility
Section 1 (a): Legal rights of paternity, maternity, guardianship, conservatorship, and custody must be established prior to any court preceding. The parent or custodian making this claim must provide a record of Custodial Agreement bearing his/her name or a Birth Certificate bearing the child(ren)s name with either the natural Fathers name and/or the natural Mothers name, or official Temporary Custodial arrangement through Child Protective Services that is filed with the appropriate state agencies; Texas Vital Statistics, Childrens Protective Services, all Courts of Law, prior to filing this claim.
Section 1 (b): Preventing physical access to and / or the return of the child(ren) to their respected rightful residence, a criminal offense. This is punishable in accordance with the Texas Penal Code Chapter 20 Kidnapping and Unlawful Restraint. The child(ren) must be surrendered no later than the fourth day from this initial act unto:
1 b) (1). the mother or father or custodian , established as set forth providing such proof as in Section 1(a).
1 b) (2) Legal Guardian as set forth by the Parent, Conservator, or Child Protective Services.
1 b) (3) Any party authorized by Parent, Guardian, Court, or Child Protective Service as describe within the parameters of section 1.
Notification
Any parent, guardian, or custodian at set forth in Section 1 is required to give certified notification no less than thirty days prior to and no more than four days after the actual date of relocation to the other parent or legal guardian.
Section 2(a) This notification must disclose: address of residence and of school of the child(ren). If there are not prior instances of abuse and/or neglect that have occurred and have been reported with law enforcement agencies, hospital or mental health officials.
2.1).This notification does not include the disclosure of allocation information if a restraining order or protective order is active.
2.2). If no such orders or reports of abuse or neglect are filed as in Section 2(b) of this petition then the conservator in possession must disclose current address, telephone number, name of school, and school address and telephone number to the other parent, conservator, or legal guardian.
Protective Exemption
Section 2(b) In cases of Child or Domestic abuse; in cases of endangerment, abuse, or neglect against a child, domestic partner, or spouse; It is lawful for the Mother or Father or Custodian established as set forth providing such proof as in Section 1(a) to flee current residence without giving prior or post notification (four day notice) as contained in if any one of the following conditions apply:
2.1). Criminal acts as set forth by the Texas Penal Code.
2.3). Neglect
2.4). Physical and/or Sexual Abuse
2.5). Child endangerment
2.6). Prior Child Protective Services investigation, law enforcement, medical report, psychological report, filings of such abusive acts as contained with Section 2 (a).
Section 2(c) Notification of Intent; If the parent or guardian of the child(ren) are victims of such actions as described in Section 2(b) that parent or guardian must notify the other parent or guardian as described in Section 1 of their intent to file for custody of the child(ren). This notice must contain intent to file for custody, not disclosing the allocation information of all abused person(s). That victim or his/her counsel must send registered or certified notice of intent to file for custody to the opposing party within four days. This party must file a petition for custody within a court of law no more than the ninetieth day after the registered or certified letter of intent is sent. This maximum allotment of time is given in order to properly seek counsel and/or file documentation in court for custody of the child(ren) in question as well as to ease the mental anguish on both parties arising from this action. This time frame will enable victims of abuse to seek a Temporary Restraining Order (TRO), Restraining Order (RO), or Protective Order (PO) therefore keeping the whereabouts of each victim protected throughout the legal process. These parameters must be met:
2.1) Notification by registered mail or certified mail within four days of intent to file for custody
2.2) Notice from attorney acting in representation of the person filing for custody.
Request
Section 3: We are requesting that it be considered unlawful for a mother, father, guardian, or custodian of the child as contained in Section 1 of this petition, to change the residence and school of the child(ren) without proper notification as contained within Section 2(a). Additionally, we are requesting that it be considered a criminal act to relocate the primary residence and school of the child outside of the residing county within the terms as described in the Texas Chapter 103 Venue and Transfer of Original Proceedings 103.001 (c) as long as there are not any instances of filings with local law enforcement officials, medical officials, or psychological officials. As well as, adherence to measures pertaining to all actions as described in Section 2(b).
These measures are to protect and preserve the equality in our courts and in our families. We are asking that any action resulting in the unlawful withholding of a child from the other parent, guardian, or custodian as described in this petition, that is prior to the measures contained within Title 5 of the Texas Family Code, be considered illegal and therefore punishable as a criminal offense in accordance with the Texas Penal Code Chapter 20 Kidnapping and Unlawful Restraint.
Closing
We are requesting that law enforcement agencies enforce the T.P.C.A.A. Statute, as well as, similar legislation P.K.P.A., Parental Kidnapping Prevention Act 28 USC Sec. 1738A. With the inclusion of this Texas Parental Child Abduction Act, law enforcement agencies and District Attorneys will not be able to selectively enforce or decide the merits of any specific case or situation where the T.P.C.A.A. is applicable. Under this proposed law, criteria as contained within this petition, is to be met before filing such allegations and enforcement action is ensued. These measures are to ensure and preserve equality in our courts and protection of the rights of children and parents.
We, The People of Texas also employ an addendum to the existing Texas Amber Alert System. We ask that in the instance of such a violation per the proposed T.C.P.P.A. that the State of Texas Department of Public Safety enact the IAN ALERT SYSTEM. This is in remembrance of six-year-old Ian-Paul Castillo. In July 2003, Ian Castillo was abducted from a Houston daycare facility by his parent. Ian was missing from his home for over 6 months without a trace. No notice was given prior to his disappearance, nor, was there any communication given afterwards. Houston Police could not pursue and hence, an Amber Alert was not issued. This was considered a domestic issue. This story had a fortunate ending. Ian was found over 120 miles west of his home of Houston, Texas. However, the psychological and financial damage resulting from the abduction was irreparable.
This child could have been found, this family could have saved countless hours and immense emotional and financial pain. Yet, this happens legally, everyday throughout our great state. Throughout Texas countless lives are destroyed resulting in broken homes, bankrupt finances, and emotional scaring.
We the Citizens of the State of Texas ask our Texas Legislative members and Governor to enact our request to stop Parental Child Abduction and put forth our proposal for the T.C.P.A.A. to become law. We request the Texas Department of Public Safety to enact the IAN ALERT system as a part of the Texas Amber Alert system; marking a difference between parental child abduction and non-parental child abduction. This will save our families, our finances, and our lives.
Signed,
The People of the State of Texas,
This measure to protect our families and communities is seeking presentation for legislation.
A petition to be presented as A BILL
to prevent malicious actions and neglect unto all parties involved in the care and guardianship of a minor child. This potential law seeks to make the act of withholding, enabling, or the embedding of the disappearance of a minor child from their place of residence by a parent, custodian or guardian punishable under criminal code. Currently there is not a law in effect to prevent this act of abuse from occurring. As of 2006, IT IS LEGAL in Texas to kidnap or withhold your child(ren) from the other parent or family members. This act is to benefit all parties affected by this maliciously selfish act prior to the event of a court mandated or court mediated child custody order. This act will enable the victims in these cases to seek legal recourse. For example, this law would greatly support cases in which a peaceful resolve would not exist; if one Parent seeks to separate from the residence of the child, the marriage, and/or common law union of the relationship, from the childs other parent for any reason and that parent seeks to choose flight with the child(ren). Or if a Conservator, Guardian, or Caregiver refuses access to the child(ren), or the return of the child(ren) to the rightful residence without properly notifying law officials of cases of physical, sexual, and emotional abuse against the child and/or spouse. It is the duty of all citizens to report any suspected abuse. This law will also force a suspicion and act of abuse to be reported.
You, the parent or custodian of the child(ren), may seek relief under the Texas Parental Child Abduction Act (T.P.C.A.A.).
Under this statute, enforcement by local and state police authorities is mandatory and certain acts of parental child abduction are considered a criminal offense; therefore law enforcement agencies must assist you in the return of the child(ren) under the guidelines of the T.P.C.A.A. This petition is seeking an addendum to CHAPTER 42 of the State of Texas Civil Liability for Interference with Possessor Interest in Child.
Under this proposed law, parameters are to be met before filing such complaint and enforcement action is ensued:
Eligibility
Section 1 (a): Legal rights of paternity, maternity, guardianship, conservatorship, and custody must be established prior to any court preceding. The parent or custodian making this claim must provide a record of Custodial Agreement bearing his/her name or a Birth Certificate bearing the child(ren)s name with either the natural Fathers name and/or the natural Mothers name, or official Temporary Custodial arrangement through Child Protective Services that is filed with the appropriate state agencies; Texas Vital Statistics, Childrens Protective Services, all Courts of Law, prior to filing this claim.
Section 1 (b): Preventing physical access to and / or the return of the child(ren) to their respected rightful residence, a criminal offense. This is punishable in accordance with the Texas Penal Code Chapter 20 Kidnapping and Unlawful Restraint. The child(ren) must be surrendered no later than the fourth day from this initial act unto:
1 b) (1). the mother or father or custodian , established as set forth providing such proof as in Section 1(a).
1 b) (2) Legal Guardian as set forth by the Parent, Conservator, or Child Protective Services.
1 b) (3) Any party authorized by Parent, Guardian, Court, or Child Protective Service as describe within the parameters of section 1.
Notification
Any parent, guardian, or custodian at set forth in Section 1 is required to give certified notification no less than thirty days prior to and no more than four days after the actual date of relocation to the other parent or legal guardian.
Section 2(a) This notification must disclose: address of residence and of school of the child(ren). If there are not prior instances of abuse and/or neglect that have occurred and have been reported with law enforcement agencies, hospital or mental health officials.
2.1).This notification does not include the disclosure of allocation information if a restraining order or protective order is active.
2.2). If no such orders or reports of abuse or neglect are filed as in Section 2(b) of this petition then the conservator in possession must disclose current address, telephone number, name of school, and school address and telephone number to the other parent, conservator, or legal guardian.
Protective Exemption
Section 2(b) In cases of Child or Domestic abuse; in cases of endangerment, abuse, or neglect against a child, domestic partner, or spouse; It is lawful for the Mother or Father or Custodian established as set forth providing such proof as in Section 1(a) to flee current residence without giving prior or post notification (four day notice) as contained in if any one of the following conditions apply:
2.1). Criminal acts as set forth by the Texas Penal Code.
2.3). Neglect
2.4). Physical and/or Sexual Abuse
2.5). Child endangerment
2.6). Prior Child Protective Services investigation, law enforcement, medical report, psychological report, filings of such abusive acts as contained with Section 2 (a).
Section 2(c) Notification of Intent; If the parent or guardian of the child(ren) are victims of such actions as described in Section 2(b) that parent or guardian must notify the other parent or guardian as described in Section 1 of their intent to file for custody of the child(ren). This notice must contain intent to file for custody, not disclosing the allocation information of all abused person(s). That victim or his/her counsel must send registered or certified notice of intent to file for custody to the opposing party within four days. This party must file a petition for custody within a court of law no more than the ninetieth day after the registered or certified letter of intent is sent. This maximum allotment of time is given in order to properly seek counsel and/or file documentation in court for custody of the child(ren) in question as well as to ease the mental anguish on both parties arising from this action. This time frame will enable victims of abuse to seek a Temporary Restraining Order (TRO), Restraining Order (RO), or Protective Order (PO) therefore keeping the whereabouts of each victim protected throughout the legal process. These parameters must be met:
2.1) Notification by registered mail or certified mail within four days of intent to file for custody
2.2) Notice from attorney acting in representation of the person filing for custody.
Request
Section 3: We are requesting that it be considered unlawful for a mother, father, guardian, or custodian of the child as contained in Section 1 of this petition, to change the residence and school of the child(ren) without proper notification as contained within Section 2(a). Additionally, we are requesting that it be considered a criminal act to relocate the primary residence and school of the child outside of the residing county within the terms as described in the Texas Chapter 103 Venue and Transfer of Original Proceedings 103.001 (c) as long as there are not any instances of filings with local law enforcement officials, medical officials, or psychological officials. As well as, adherence to measures pertaining to all actions as described in Section 2(b).
These measures are to protect and preserve the equality in our courts and in our families. We are asking that any action resulting in the unlawful withholding of a child from the other parent, guardian, or custodian as described in this petition, that is prior to the measures contained within Title 5 of the Texas Family Code, be considered illegal and therefore punishable as a criminal offense in accordance with the Texas Penal Code Chapter 20 Kidnapping and Unlawful Restraint.
Closing
We are requesting that law enforcement agencies enforce the T.P.C.A.A. Statute, as well as, similar legislation P.K.P.A., Parental Kidnapping Prevention Act 28 USC Sec. 1738A. With the inclusion of this Texas Parental Child Abduction Act, law enforcement agencies and District Attorneys will not be able to selectively enforce or decide the merits of any specific case or situation where the T.P.C.A.A. is applicable. Under this proposed law, criteria as contained within this petition, is to be met before filing such allegations and enforcement action is ensued. These measures are to ensure and preserve equality in our courts and protection of the rights of children and parents.
We, The People of Texas also employ an addendum to the existing Texas Amber Alert System. We ask that in the instance of such a violation per the proposed T.C.P.P.A. that the State of Texas Department of Public Safety enact the IAN ALERT SYSTEM. This is in remembrance of six-year-old Ian-Paul Castillo. In July 2003, Ian Castillo was abducted from a Houston daycare facility by his parent. Ian was missing from his home for over 6 months without a trace. No notice was given prior to his disappearance, nor, was there any communication given afterwards. Houston Police could not pursue and hence, an Amber Alert was not issued. This was considered a domestic issue. This story had a fortunate ending. Ian was found over 120 miles west of his home of Houston, Texas. However, the psychological and financial damage resulting from the abduction was irreparable.
This child could have been found, this family could have saved countless hours and immense emotional and financial pain. Yet, this happens legally, everyday throughout our great state. Throughout Texas countless lives are destroyed resulting in broken homes, bankrupt finances, and emotional scaring.
We the Citizens of the State of Texas ask our Texas Legislative members and Governor to enact our request to stop Parental Child Abduction and put forth our proposal for the T.C.P.A.A. to become law. We request the Texas Department of Public Safety to enact the IAN ALERT system as a part of the Texas Amber Alert system; marking a difference between parental child abduction and non-parental child abduction. This will save our families, our finances, and our lives.
Signed,
The People of the State of Texas,
Sign The Petition
Continue with Google
OR
If you already have an account please sign in, otherwise register an account for free then sign the petition filling the fields below.
Email and password will be your account data, you will be able to sign other petitions after logging in.
Shoutbox
Goal
0 signatures
Goal: 50
Information
Tags
No tags
Embed Codes
direct link
link for html
link for forum without title
link for forum with title
