FOR IMMEDIATE RELEASE
May 21, 2011
by Elect Todd Hunter
A bill safeguarding the rights of children in international child custody cases is now headed to the Governor for signature after being passed by the legislature. The bill was proposed by District Attorney Susan Reed who approached legislators after the case of Jean Paul Lacombe exposed weaknesses in the current system. In a case that made national news, Jean Paul Lacombe was physically removed off of a school bus after his father, allegedly using outdated Mexican court orders, obtained a court order from a local judge who ordered that the boy be placed in his father’s custody and for both of them to appear in court the following Monday. Instead, the boy was taken out of the country setting off yet another international child custody battle between the boy’s parents. Ultimately, a French court ordered the boy returned to his mother. In June, 2010, a Bexar County Grand Jury returned a felony indictment against the father, Jean Phillipe Lacombe, age 41, for the felony offenses of Kidnapping, Aggravated Perjury, and Interference with Child Custody. Warrants for his arrest remain outstanding.
The bill, SB 1490, was sponsored in the Senate by local Senator Carlos Uresti and its companion bill in the Texas House was sponsored by Rep. Todd Hunter (R-Corpus Christi). Among other things, the bill creates a new third degree felony offense for making false statements to the court when the case concerns international child custody issues. A third degree felony is punishable by up to ten years in prison and up to a $10,000 fine. To assist in proving any crime, the bill requires that all proceedings affecting child custody be recorded so that there is evidence of any false representations made to the judge. The bill also provides that if there is reason to believe that a child is in physical danger or likely to be wrongfully removed from the jurisdiction of the court, the court can order the child placed with a family member if the family member has significant ties to the jurisdiction or temporarily placed with Child Protective Services.
Senator Carlos Uresti stated, “This bill will be of great benefit to Texas judges who must make tough decisions in international child custody cases. By imposing a high price on those who attempt to mislead the court, judges can be more confident that their rulings are based on accurate information. More kids will be protected from the trauma of being delivered into the custody of a dishonest and unworthy parent.”
District Attorney Susan Reed stated, “This is a major piece of legislation which fills a gap in the Hague Convention procedures concerning international child custody cases. It is a benefit to both children and parents.”
For more information contact District Attorney Susan D. Reed at (210) 335-2342.
