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Razo v. Vargas

Appellee Hector Cuevas Vargas registered the decrees of a Mexican civil court regarding custody of the child, G.S., in Texas state court and asked that they be confirmed and enforced. Appellant Maria Guadalupe Sosa Razo asked for a hearing to contest the validity of the registered decrees and filed a supplemental petition requesting that she be appointed sole managing conservator of G.S. The trial court (1) denied Maria the right to an evidentiary hearing on her affirmative defenses to confirmation and enforcement of the Mexican court's decrees; (2) held a non-evidentiary hearing at which Hector appeared through counsel and argued that the decrees be enforced and that Maria should not be allowed to present evidence; (3) signed orders confirming the Mexican court's decrees and ordering their immediate enforcement and issued a writ of attachment for G.S.; (4) granted the special appearance filed by Hector with respect to Maria's supplemental petition, concluding that Hector was not subject to the jurisdiction of Texas; and (5) dismissed Maria's supplemental petition with prejudice. The trial court's order dismissing Maria's supplemental petition is affirmed as modified. The order of the trial court is modified confirming and enforcing the Mexican court's decrees and the trial court's order of confirmation and its following order of enforcement and writ of attachment are declared void. The case is remanded. Houston's 1st Court of Appeals, No. 01-09-00660-CV, 11-10-2011.

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OPINION

This is an appeal from orders of the trial court in an international child custody dispute. Appellee Hector Cuevas Vargas (“Hector”) registered the decrees of a Mexican civil court regarding custody of the child, G.S., in Texas state court and asked that they be confirmed and enforced. Appellant Maria Guadalupe Sosa Razo (“Maria”) asked for a hearing to contest the validity of the registered decrees and filed a supplemental petition requesting that she be appointed sole managing conservator of G.S. The trial court (1) denied Maria the right to an evidentiary hearing on her affirmative defenses to confirmation and enforcement of the Mexican court’s decrees; (2) held a non-evidentiary hearing at which Hector appeared through counsel and argued that the decrees be enforced and that Maria should not be allowed to present evidence; (3) signed orders confirming the Mexican court’s decrees and ordering their immediate enforcement and issued a writ of attachment for G.S.; (4) granted the special appearance filed by Hector with respect to Maria’s supplemental petition, concluding that Hector was not subject to the jurisdiction of Texas; and (5) dismissed Maria’s supplemental petition with prejudice. Maria appeals.

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