Case Update (12 Jan 2026): In re Marriage of Chelbi; Parent’s Appeal Dismissed for Failure to Return Child to Texas

The parties are parents to one minor child, subject to a Texas custody order from October 2024. Among other things, the order required that the child’s primary residence remain in Collin County, Texas, and expressly prohibited the child’s Father from removing the child from Texas or the USA. The order required the Father to surrender the child and the child’s passports to the Mother at a date and time specified in the order, and, due to a credible risk of international child abduction, the Father was given only supervised access. The Father appealed this order, and the Mother filed, under Texas Rule of Appellate Procedure 42.3(c), a motion to abate and dismiss the appeal, asserting by sworn affidavit, that the Father had not complied with the custody order, and remained with the child in Lebanon. The Father responded that his appeal should not be dismissed because there had not yet been a contempt finding and the Court had not yet ordered him to comply with the custody order. It is apparently undisputed that the Father has failed to turn over the child and the child’s passports, as ordered. The Court of Appeals of Texas did order the Father to file adequate proof, on or before December 22, 2025, that he had complied with the trial court’s custody order, and cautioned that his failure to comply would result in dismissal. The Father has filed nothing.

Apparently, Texas Appellate Procedure rules authorize an appellate court, on its own initiative or a party’s motion, to dismiss an appeal or affirm an appealed judgment when the appellant has failed to comply with a court order. The Court of Appeals noted that there is a line of cases in which “appellate courts have dismissed appeals in child-custody disputes when an appellant has refused to comply with custody orders and has placed the child beyond the reach of the courts.” “Texas courts have recognized that in child-custody cases, an appellant may not invoke appellate jurisdiction to challenge a custody judgment while simultaneously refusing to comply with custody orders necessary to make appellate relief effective.” Therefore, in this case, dismissal was an appropriate remedy. The Father’s appeal was dismissed.