of the marriage.
Shortly after filing for divorce, Schmidt moved to Texas with the children without providing notice to Saavedra or the California court. Once Schmidt's whereabouts were discovered, she was served with an order to appear in the California court for further custody proceedings. In April 1999, the dispute was referred to mediation. In the meantime, Saavedra and Schmidt agreed to maintain joint legal custody of the children, but Saavedra continued to be limited to supervised visitation until the date of mediation. On May 6, Schmidt filed in California a petition seeking modification of the custody and visitation arrangements; she also asked the California court to decline jurisdiction and transfer the matter to Texas. The California court refused to relinquish jurisdiction and set the modification hearing for July29. After several continuances, the hearing commenced on October 15, 1999. Although the court had ordered her to produce the children, neither Schmidt nor the girls were present at the hearing. Schmidt's counsel appeared on her behalf. Following the hearing, the California court changed the temporary orders to award sole physical and legal custody of the children to Saavedra, and ordered that Schmidt have no contact with the children (the October 1999 order).[3] The California court's decision was based in part on Schmidt's failure to comply with its orders that she not remove the children from its jurisdiction.[4] Schmidt was again ordered to return the children to California, which she refused to do.
In February 2000, the Texas Department of Protective and Regulatory Services (the Department) filed an original