AIDING OR ASSISTING INTERFERENCE

§ 42.003. AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT.
(a) A person who aids or assists in conduct for which a cause of action is authorized by this chapter is jointly and severally liable for damages.
(b) A person who was not a party to the suit in which an order was rendered providing for a possessory right is not liable unless the person at the time of the violation:
(1) had actual notice of the existence and contents of the order; or
(2) had reasonable cause to believe that the child was the subject of an order and that the person's actions were likely to violate the order.

§ 42.006. DAMAGES. (a) Damages may include:
(1) the actual costs and expenses incurred, including attorney's fees, in:
(A) locating a child who is the subject of the order;
(B) recovering possession of the child if the petitioner is entitled to possession; and
(C) enforcing the order and prosecuting the suit; and
(2) mental suffering and anguish incurred by the plaintiff because of a violation of the order.
(b) A person liable for damages who acted with malice or with an intent to cause harm to the plaintiff may be liable for exemplary damages.

§ 42.007. AFFIRMATIVE DEFENSE. The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff.

 

§ 42.008. REMEDIES NOT AFFECTED. This chapter does not affect any other civil or criminal remedy available to any person,
including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit filed on behalf of the child.

§ 42.009. FRIVOLOUS SUIT. A person sued for damages as provided by this chapter is entitled to recover attorney's fees and court costs if:
(1) the claim for damages is dismissed or judgment is awarded to the defendant; and
(2) the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.

The Stephens Law Firm will represent people anywhere in Texas, or across the United States if the case merits it. The communities we have frequently served over the past 22 years include: Houston, Katy, Beaumont, Liberty, Richmond, Rosenberg, Wharton, Corpus-Christi, Waller, Austin, Brownsville, McAllen, Dallas, and San Antonio. We have extensive experience in the County and District Courts of Harris County, Ft Bend County, Nueces County, Wharton County, Bexar County, Liberty County, and Jefferson County.

 

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