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In the Interest of A.S.C.H.

Tx. App. Dist. 5

October 8, 2012

Barton Jeanot Hermer appeals the trial court's dismissal with prejudice of his child-custody suit, contending that the trial court erroneously enforced a foreign judgment without an evidentiary hearing regarding the child's residence. When the foreign court issued its judgment, it did not purport to have continuing, exclusive jurisdiction of the child. That court determined only Hermer's suit for return of the child to Texas under the Hague Convention, which was a decision as to the merits of the alleged abduction; the court did not make a child custody determination. The trial court?s order is reversed and remanded. Dallas Court of Appeals, No. 05-11-01185-CV, 10-04-2012.

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