January 16, 2014 14-15-00054-CV CASE NO. ______________ __________________________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS _________________________________________________________________ IN RE CONNIE V. HARRISON __________________________________________________________________ RELATOR’S PETITION FOR WRIT OF MANDAMUS __________________________________________________________________ The Medina Law Firm David M. Medina State Bar No. 00000088 5300 Memorial Drive, Suite 890 Houston, Texas 77007 Telephone: (713) 653-3147 Telecopier: (713) 862-1002 davidmedina@justicedavidmedina.com ATTORNEY FOR THE RELATOR CONNIE V. HARRISON IDENTITY OF PARTIES AND COUNSEL Pursuant to Tex. R. App. Pro. 52.2, the Relator identifies the following persons as being parties to, attorneys in, or otherwise involved with this case: Relator: Connie V. Harrison 5773 Woodway, Suite 156 Houston, Texas 77057 Telephone: (713) 444-7873 Email: connie.harrison84@gmail.com Attorney for Relator: David M. Medina The Medina Law Firm State Bar No. 00000088 5300 Memorial Drive, Suite 890 Houston, Texas 77007 Telephone: (713) 653-3147 Telecopier: (713) 862-1002 davidmedina@justicedavidmedina.com Respondent: Honorable Judge Alicia K. Franklin Presiding Judge, 311th District Court Harris County Civil Courthouse 201 Caroline, 8th Floor Houston, Texas 77002 Telephone: (713) 274-4580 Real Parties in Interest: Clifford Harrison J.E.L.H., minor child V.M.H., minor child ii Attorneys for Clifford Harrison: Patricia A. Wicoff State Bar No. 21422500 Amy Harris SBOT No. 24041057 Schlanger, Silver, Barg & Paine, L.L.P. 109 North Post Oak Lane, Suite 300 Houston, Texas 77024 Telephone: (713) 735-8514 Facsimile: (713) 351-4514 Amicus Attorney for the Minor Children: Heather Hughes SBOT No. 00796794 952 Echo Lane, Suite 475 Houston, Texas 77024 Telephone: (713) 463-5505 Amicus Attorney for the Minor Children iii TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii TABLE OF CONTENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii INDEX OF AUTHORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii STATEMENT OF THE CASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STATEMENT OF JURISDICTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STANDARD FOR ISSUANCE OF WRIT OF MANDAMUS. . . . . . . . . . . . . . . . 2 ISSUES PRESENTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 STATEMENT OF FACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Clifford Filed Two Motions for Enforcement. . . . . . . . . . . . . . . . . . . . . . . . 4 1. First Motion for Enforcement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Second Motion for Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Hearing on Clifford’s Motions for Enforcement. . . . . . . . . . . . . . . . . . . . . . 7 1. Connie’s Counsel Submitted an Oral Motion to Dismiss Clifford’s Motions for Enforcement for Insufficient Pleading. . . . . . 8 2. The Court Found the Motions for Enforcement Deficient But Denied the Motion to Dismiss and Gave Clifford Another Bite at the Apple. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Clifford Amended his Motions for Enforcement. . . . . . . . . . . . . . . . 10 iv SUMMARY OF THE ARGUMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARGUMENTS AND AUTHORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 FIRST ISSUE Judge Franklin abused her discretion in denying Relator’s motion to dismiss. A. The Statutory Requirements for the Contents of a Motion for Enforcement are Mandatory and Specific. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B. Clifford Failed to Follow the Statutory Requirements. . . . . . . . . . . . . . . . . 13 SECOND ISSUE Judge Franklin acted beyond the court’s authority in sua sponte changing Relator’s request for dismissal into special exceptions allowing Clifford to replead his Motions for Enforcement. A. Connie Was Entitled to Move for Dismissal of Clifford’s Motions for Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 B. The Court was Without Authority to Sua Sponte Specially Except to Clifford’s Motions for Enforcement and Allow Him to Replead.. . . . . . . . 15 1. An Order Entered Without the Court’s Authority is Void. . . . . . . . . 15 2. The Court Did Not Have the Power or Authority to Transform Connie’s Motion to Dismiss into Special Exceptions. . . . . . . . . . . . 16 3. Connie Has No Other Remedy at Law. . . . . . . . . . . . . . . . . . . . . . . . 17 PRAYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 CERTIFICATE OF SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 v CERTIFICATE OF COMPLIANCE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 APPENDIX vi INDEX OF AUTHORITIES TEXAS CASES SUPREME COURT Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex. 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 City of San Benito v. Rio Grande Valley Gas Co., 109 S.W.3d 750 (Tex. 2003).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Eichelberger v. Eichelberger, 582 S.W.2d 395 (Tex. 1979).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 17 Ex parte Edgerly, 441 S.W.2d 514 (Tex. 1969) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . 13 In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204 (Tex. 2009) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . 2 In re CSX Corp., 124 S.W.3d 149 (Tex. 2003) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . 3 In re First Meritbank, N.A., 52 S.W.3d 749 (Tex. 2001) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . . 2 In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . 2, 3 In re Van Waters & Rogers, Inc., 145 S.W.3d 203 (Tex. 2004) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . 3 vii Johnson v. Fourth Court of Appeals, 700 S.W.2d 916 (Tex. 1985) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . 2 Liberty Nat’l Fire Ins. Co. v. Akin, 927 S.W.2d 627, 630 (Tex. 1996) (orig. proceeding). . . . . . . . . . . . . . . . . . 3 Rivercenter Associates v. Rivera, 858 S.W.2d 366 (Tex. 1993) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . . 2 State v. Morales, 869 S.W.2d 941 (Tex. 1994).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Travelers Indem. Co. of Conn. v. Mayfield, 923 S.W.2d 590 (Tex. 1996) (orig. proceeding).. . . . . . . . . . . . . . . . . . . . . 16 Urbish v. 127th Judicial Dist. Court, 708 S.W.2d 429 (Tex. 1986).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 COURTS OF APPEAL In re Barlow, 899 S.W.2d 791 (Tex. App. — Houston [14th Dist.] 1995, orig. proceeding). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15, 16 In re Mann, 162 S.W.3d 429 (Tex. App. — Fort Worth 2005, orig. proceeding). . . . . . 15 In re Maxwell, 970 S.W.2d 70 (Tex. App. — Houston [14th Dist.] 1998, no writ).. . . . . . 16 In re Rogers, 43 S.W.3d 20 (Tex. App. — Amarillo 2001, orig. proceeding).. . . . . . . . . . 3 Faherty v. Knize, 764 S.W.2d 922 (Tex. App. — Waco 1989, no writ) . . . . . . . . . . . . . . . . . 16 viii TEXAS CONSTITUTION AND STATUTES Tex. Const. art. V, § 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Tex. Gov’t Code § 22.221(b)(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Tex. Fam. Code § 157.001(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Tex. Fam. Code § 157.002(a), (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Tex. Fam. Code § 157.061(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Tex. Fam. Code § 157.062(a), (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Tex. Fam. Code § 157.064(a), (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15 RULES OF PROCEDURE Tex. R. Civ. P. 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Tex. R. Civ. P. 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Tex. R. App. Pro. 9.4(i)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Tex. R. App. Pro. 9.5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Tex. R. App. Pro. 52.2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii ix TO THE HONORABLE COURT OF APPEALS: Connie V. Harrison, Relator (hereinafter “Relator” or “Connie”), hereby makes and files this, her Petition for Writ of Mandamus, complaining of the order of the Honorable Judge Alicia K. Franklin, presiding judge of the 311th Judicial District Court of Harris County, Texas (hereinafter “Respondent” or “Judge Franklin”), and would respectfully show unto the Honorable Court as follows: STATEMENT OF THE CASE Nature of the Underlying Case: The underlying suit for divorce and custody of the minor children was filed in 2006. The suit was tried to a jury and a decree was entered in June 2010. Connie appealed the decree to the Fourteenth Court of Appeals, and the decree was reversed and remanded to the trial court with the exception of the affirmation of the divorce. The Order of Dismissal at issue in this proceeding was entered on December 15, 2014 (“Order”). R. at 1; App. at 1. Trial Court: 311th Judicial District Court of Harris County, Texas, Judge Franklin presiding. Disposition: Real Party in Interest, Clifford Harrison (hereinafter “Clifford”) was granted leave to replead his Motions for Enforcement against Connie to conform to Chapter 157 of the Texas Family Code. STATEMENT OF JURISDICTION The Honorable Court has jurisdiction to issue a writ of mandamus pursuant to Tex. Const. art. V, § 6, and Tex. Gov’t Code § 22.221(b)(1). 1 STANDARD FOR ISSUANCE OF WRIT OF MANDAMUS A. Mandamus Generally “Mandamus is an extraordinary remedy, available only in limited circumstances.” In re First Meritbank, N.A., 52 S.W.3d 749, 753 (Tex. 2001) (orig. proceeding); accord, In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204, 209 (Tex. 2009) (orig. proceeding). As such, mandamus does not issue as a matter of right. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding); Rivercenter Associates v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993) (orig. proceeding). Instead, a writ of mandamus will issue only if a trial court: (1a) violates a duty imposed by law; or (1b) clearly abuses its discretion; and (2) there is no other adequate legal remedy. Columbia Med. Ctr., 290 S.W.3d at 207; First Meritbank, 52 S.W.3d at 753. B. Abuse of Discretion Defined In order to show mandamus is proper, the Realtor must prove the trial court abused its discretion. A trial court abuses its discretion only if its decision is so arbitrary and unreasonable that it constitutes a clear and prejudicial error of law. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). This requires the Connie to do more than show that the court below could have reached a different conclusion; instead, they must prove it “acted without 2 reference to any guiding rules or principles,” Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex. 2004), and its decision is arbitrary and unreasonable. City of San Benito v. Rio Grande Valley Gas Co., 109 S.W.3d 750, 757 (Tex. 2003). The burden of showing an abuse of discretion occurred is a heavy one, In re CSX Corp., 124 S.W.3d 149, 152 (Tex. 2003) (orig. proceeding), requiring the Realtor to prove the trial court could have only reached one decision, but failed to do so. Liberty Nat’l Fire Ins. Co. v. Akin, 927 S.W.2d 627, 630 (Tex. 1996) (orig. proceeding). C. Adequacy of Remedy at Law In addition to proving there is an abuse of discretion, the Realtor must also prove they have no remedy at law. Generally, this requires showing the only remedy available to the Connie is mandamus. In re Rogers, 43 S.W.3d 20, 24 (Tex. App. — Amarillo 2001, orig. proceeding). In deciding whether this is the case, the Court must balance the benefits and detriments of mandamus review, In re Derzapf, 219 S.W.3d 327, 334 (Tex. 2007) (orig. proceeding); Prudential Ins. Co., 148 S.W.3d at 136, and if the benefits are found to outweigh the detriments, go further and find that refusing mandamus will either cause a party to permanently lose valuable rights or preclude it from presenting its claims. In re Van Waters & Rogers, Inc., 145 S.W.3d 203, 210- 11 (Tex. 2004) (orig. proceeding). 3 ISSUES PRESENTED FIRST ISSUE Judge Franklin abused her discretion in denying Relator’s motion to dismiss. SECOND ISSUE Judge Franklin acted beyond the court’s authority in sua sponte changing Relator’s request for dismissal into special exceptions allowing Clifford to replead his Motions for Enforcement. STATEMENT OF FACTS This proceeding arises because of an Order of Dismissal entered by Judge Franklin in the underlying suit affecting the parent child relationship denying Connie’s motion to dismiss two Motions for Enforcement filed by Clifford and Judge Franklin’s sua sponte interpretation of the motion to dismiss as special exceptions in order to allow Clifford to replead his Motions for Enforcement. R. tab 1; App. tab 1. A. Clifford Filed Two Motions for Enforcement 1. First Motion for Enforcement On September 2, 2014, Clifford filed a Motion for Enforcement of Possession and Access and Order to Appear (hereinafter, “First Motion”). R. tab 3. In the First Motion, Clifford pleaded Connie’s non-compliance with a previous permanent 4 injunction entered by the trial court as follows: 9. Violations Violation No. 1: On or about July 28, 2014 CONNIE VASQUEZ HARRISON failed to comply with terms of this order by failing to adhere to the permanent injunctions relating to discussing the divorce litigation, or issues surrounding the litigation with children, see letter from J.E.H. attached hereto Exhibit C and is fully incorporated herein for all purposes; Violation No. 2: On or about August 15, 2014, CLIFFORD LAYNE HARRISON was denied access to the minor children, J.E.H. and V.M.H., for the weekend period of possession; Violation No. 3: On or about August 27, 2014, CLIFFORD LAYNE HARRISON was denied access to the minor children, J.E.H. and V.M.H. at the time the children were dismissed from school for the Thursday overnight possession period and weekend extended by the holiday; Relating to the terms and provisions of the Additional Temporary Orders Violation No. 4: CONNIE VASQUEZ HARRISON has intentionally and willfully failed to adhere to the court’s order pertaining to the children’s enrollment in school. CONNIE VASQUEZ HARRISON has facilitated the enrollment of J.E.H. in a school other than Grady Middle School. R. tab 3. As for relief, Clifford plead the following: 10. Movant requests that Respondent be held in contempt, jailed, and fined for the violations alleged above. 11. Movant believes, based on the Respondent’s conduct, the repeated and ongoing history of Respondent’s conduct, and the history of the willful failure to comply with Court orders, that Respondent will 5 continue to fail to comply with the orders of the Court. Therefore, Movant requests that Respondent be held in contempt, jailed, and fined for each failure to comply with the order of the Court from the date of this filing to the date of the hearing on this motion. 12. Movant requests that Respondent be confined in a county jail for ninety (90) days. R. tab 3. 2. Second Motion for Enforcement On October 13, 2014, Clifford filed a Motion for Enforcement and Order to Appear (hereinafter, “Second Motion”). R. tab 4. In the Second Motion, Clifford pleaded Connie’s non-compliance with a previous permanent injunction entered by the trial court as follows: 7. Violations Violation No. 1: On September 15, 2014 CONNIE VASQUEZ HARRISON intentionally and knowingly appeared at the boy scout meeting where J.H. was in attendance and spoke with J.H. and V.H. including taking V.H. into the women’s restroom to have a private conversation with her; Violation No. 2: On September 22, 2014,CONNIE VASQUEZ HARRISON intentionally and knowingly appeared at the boy scout meeting where J.H. was in attendance and spoke with J.H. and gave J.H. a letter to give to V.H; Violation No. 3: On or about October 8, 2014,2014, CONNIE VASQUEZ HARRISON communicated with J.H. in writing; 6 Violation No. 4: On or about October 10, 2014, CONNIE VASQUEZ HARRISON communicated with V.H. in writing; In addition to the above violations, CONNIE VASQUEZ HARRISON has repeatedly contacted the children by phone and text. R. tab 4. As for relief, Clifford plead the following: 8. Movant requests that Respondent be held in contempt, jailed, and fined for the violations alleged above. 9. Movant believes, based on the Respondent’s conduct, the repeated and ongoing history of Respondent’s conduct, and the history of the willful failure to comply with Court orders, that Respondent will continue to fail to comply with the orders of the Court. Therefore, Movant requests that Respondent be held in contempt, jailed, and fined for each failure to comply with the order of the Court from the date of this filing to the date of the hearing on this motion. 10. Movant requests that Respondent be confined in a county jail for ninety (120) days. R. tab 4. B. Hearing on Clifford’s Motions for Enforcement On December 4, 2014, the hearing was held on, inter alia, Clifford’s two Motions for Enforcement. R. tab 2. Clifford and his attorney, Patricia A. Wicoff (“Wicoff”) appeared and Connie and her attorney at the time, Sara Razavi Zand (“Zand”) appeared. Id. Also, the amicus attorney for the minor children, Heather Hughes was in attendance. Id. 7 After both Clifford and Connie were sworn in as witnesses to testify at the hearing, R. tab 2, 15:1-7, 16:13-24, Wicoff requested the court begin with Clifford’s Motions for Enforcement. R. tab 2, 17:2-23. 1. Connie’s Counsel Submitted an Oral Motion to Dismiss Clifford’s Motions for Enforcement for Insufficient Pleading At such time, Zand lodged an oral motion to dismiss for procedural reasons she requested be heard prior to the merits of the Motions. R. tab 2, 18:1-7. Then, Zand proceeded to move through each of the violations alleged in the First Motion and explain how Clifford’s pleading was insufficiently specific pursuant to Section 157.007(a)(2) and (c) of the Texas Family Code. R. tab 2, 18:13-21:7. Clifford had failed to plead specifically in each instance how Connie had violated the court’s order as required by statute.1 Further, Zand argued that Sections 10-12 of the First Motion regarding Clifford’s requested relief were inadequate. R. tab 2, 21:8-7. The Sections fail to state whether Clifford was seeking civil or criminal contempt, the amount of the fine sought, whether the jail time requested was to be concurrent or consecutive and whether Connie had the right to invoke a jury to hear the Motion. R. tab 2, 1 With regard to Violation No. 3, Clifford set forth the wrong date. August 27, 2014 was a Wednesday and not a Thursday, and thus, was not a proper period of possession for Clifford under the prior order. R. tab 2, 20:9-18. In response to this allegation, Clifford withdrew his request for enforcement with regard to Violation No. 3. R. tab 2, 28:6-9. 8 21:24-7. Next, Zand presented the same insufficiency arguments with regard to the violations and relief sought in the Second Motion.2 R. tab 2, 22:8-25:14. At the conclusion of her argument, Zand asked that her oral motion to dismiss be granted as to both the First and Second Motions. R. tab 2, 26:1-2. In response to Zand’s argument, Wicoff argued that the Motions were sufficiently plead. R. tab 2, 26:6- 31:9. 2. The Court Found the Motions for Enforcement Deficient But Denied the Motion to Dismiss and Gave Clifford Another Bite at the Apple After having heard both counsel’s argument regarding Connie’s oral motion to dismiss, Judge Franklin denied Connie’s motion to dismiss despite finding Clifford’s pleadings deficient. R. tab 2, 40:1-3, 42:8-11. The Court sua sponte decided to “perceive” Connie’s oral motion to dismiss as a filing of special exceptions. R. tab 2, 40:4-7. Then, Judge Franklin went on to sustain the majority of Connie’s “perceived” special exceptions because Clifford’s pleadings were insufficient. R. tab 2, 40:15-44:3, 42:12-15. Judge Franklin ordered Clifford to replead violations 1, 2, and 3 for the First Motion.3 R. tab 2, 40:15-41:9. With 2 With regard to the requested jail time in the Second Motion, Clifford confusingly sought both 90 days and 120 days of jail time. R. tab 2, 20:9-18. In response, Clifford waived the request for 120 days and requested 90 days. R. tab 2, 31:5-9. 3 Judge Franklin even allows Clifford to replead violation no. 3 despite Wicoff’s clear testimony at the hearing that the violation was being withdrawn due to the failure to include the correct date. R. tab 2, 28:6-9, 41:3-4; Order of Dismissal, R. tab 1; App. tab 9 regard to the Second Motion, Judge Franklin ordered Clifford to replead violations 1, 2, 3, and 4. R. tab 2, 42:16-43:15. Judge Franklin also ordered Clifford to replead the relief in both Motions. R. tab 2, 41:10-22, 43:16-44:3. 3. Clifford Amended his Motions for Enforcement On December 8, 2014, Clifford filed a First Amended Motion for Enforcement of Possession and Access and Order to Appear and a First Amended Motion for Enforcement and Order to Appear repleading the alleged violations and requested relief. R. tab 5; R. tab 6. On December 15, 2014, the court entered an erroneously entitled “Order of Dismissal,” formally denying Connie’s oral motion to dismiss and sustaining and overruling Connie’s perceived special exceptions in conformity with the court’s ruling at the hearing. R. tab 1, App. at 1. On December 22, 2014, the court entered an order granting the withdrawal of Zand as Connie’s counsel and she is now pro se in the underlying matter. The new hearing on Clifford’s First Amended Motions for Enforcement is set for January 16, 2015. Accordingly, Connie files this, her Petition for a Writ of Mandamus to ask the Court of Appeals to order Judge Franklin to vacate her Order of Dismissal and dismiss Clifford’s Motions for Enforcement prior to the hearing on the Motions for Enforcement. 1. 10 SUMMARY OF THE ARGUMENT Connie requests the Court issue a writ of mandamus to compel the trial court to vacate its Order of Dismissal and dismiss Clifford’s two Motions for Enforcement. Connie appeared at the first hearing on the two Motions for Enforcement and properly requested the trial court dismiss Clifford’s Motions for Enforcement based on his failure to comply with provisions of the Texas Family Code. Despite having determined that the Motions for Enforcement were in fact deficient, the trial court denied Connie’s motion to dismiss and sua sponte changed her complaints into special exceptions. By changing Connie’s challenge to Clifford’s Motions into special exceptions, the trial court gave Clifford the opportunity to replead his Motions without having to dismiss them. This amounted to an unfair and unjust second bite at the apple. As shown below, it was an abuse of discretion for the trial court to deny Connie’s motion to dismiss. Further, the trial court was without express or implied authority to enter special exceptions and allow Clifford to amend his Motions for Enforcement. 11 ARGUMENTS AND AUTHORITIES FIRST ISSUE PRESENTED (RESTATED) Judge Franklin abused her discretion in denying Relator’s motion to dismiss. A. The Statutory Requirements for the Contents of a Motion for Enforcement are Mandatory and Specific A motion for enforcement to enforce a final order of conservatorship, child support, possession of or access to a child or other provisions of a final order are governed by Chapter 157 of the Texas Family Code. Tex. Fam. Code § 157.001(a). A motion to enforce must give the respondent, in ordinary and concise language, notice of the provisions of the final order, decree or judgment sought to be enforced, the manner of the noncompliance, and the relief sought by the movant. Id. at 157.002(a); Appx. tab 2. Further, the motion for enforcement of the terms of a conservatorship or possession of or access to a child must include the date, place, and if applicable the time of each occasion of the respondent’s failure to comply with the order. Id. at 157.002(c); Appx. tab 2. Due process of law demands that before a court may punish for a contempt, the accused must have full and complete notification of the subject matter, and show cause order or other means of notification must state 12 when, how, and by what means the defendant has been guilty of the alleged contempt. Ex parte Edgerly, 441 S.W.2d 514, 516 (Tex. 1969) (orig. proceeding). B. Clifford Failed to Follow the Statutory Requirements In both of his Motions for Enforcement, Clifford failed to specifically provide Connie with the manner of her alleged noncompliance under each violation alleged. R. tab 3; R. tab 4. Further, Clifford failed to provide Connie with the necessary specificity required in requesting relief in both Motions for Enforcement. R. tab 3; R. tab 4. By ordering Clifford to replead all but one of his alleged violations and all of his requests for relief, Judge Franklin made a judicial determination that the violations alleged in the Motions for Enforcement were deficient. R. tab 1: Appx. tab 1. Thus, it is clear from the documents and the Judge Franklin’s own findings in the Order of Dismissal that Clifford’s Motions for Enforcement did not comply with the express requirements set forth in Section 157.002(a) and (c) of the Texas Family Code. As a result, it was a clear abuse of discretion for Judge Franklin to deny Connie’s motion for dismissal for failure to comply with Section 157.002 of the Texas Family Code. 13 SECOND ISSUE PRESENTED (RESTATED) Judge Franklin acted beyond the court’s authority in sua sponte changing Relator’s request for dismissal into special exceptions allowing Clifford to replead his Motions for Enforcement. A. Connie Was Entitled to Move for Dismissal of Clifford’s Motions for Enforcement There is no question that the statutory requirements for the contents of a motion for enforcement are mandatory. In re Barlow, 899 S.W.2d 791, 796(Tex. App. — Houston [14th Dist.] 1995, orig. proceeding).4 Further, there is no requirement under Chapter 157 that Connie first file special exceptions before moving to dismiss Clifford’s Motions for Enforcement. Procedurally, a movant must set the motion for enforcement for hearing if contempt is sought as part of the relief and notice must be personally served on the respondent. Tex. Fam. Code §§ 157.061(a), 157.062(a),(c). Further and importantly, if a respondent specially excepts or moves to strike the motion for enforcement, the court must rule on the exception or the motion to strike before it hears the motion for enforcement. Id. at § 157.064(a) (emphasis added). If the court sustains the special exceptions, the court shall give the movant an 4 The Fourteenth Court of Appeals interpreted Section 14.311(f) of the Texas Family Code but Section 14.311(f) was the predecessor statute to Section 157.064(a) and no changes were made when Section 14.311(f) was recodifed into Section 157.064(a) of the Texas Family Code. 14 opportunity to replead and continue the hearing with no requirement of additional service. Id. at § 157.064(b) (emphasis added). As the Fourteenth Court of Appeals stated in Barlow, “[t]he motion to enforce and motion for contempt either comply with the requirements of the Texas Family Code or they do not.” Barlow, 899 S.W.2d at 795. Although the Texas Rules of Civil Procedure do require the filing of special exceptions and an opportunity to replead, see Tex. R. Civ. P. 90 & 91, the Texas Legislature purposefully used precatory language in Section 157.064. Barlow, 899 S.W.2d at 797. If the Texas Legislature had desired to make Section 157.064 mandatory, it could have easily done so. Id. The Texas Family Code does not require special exceptions or other objections, but rather it requires that a specific type of notice be given to enforcement and contempt motions. Id.; In re Mann, 162 S.W.3d 429, 433 (Tex. App. — Fort Worth 2005, orig. proceeding). B. The Court was Without Authority to Sua Sponte Specially Except to Clifford’s Motions for Enforcement and Allow Him to Replead 1. An Order Entered Without the Court’s Authority is Void Since Connie was not required to file special exceptions and was entitled to the dismissal of Clifford’s claims, the trial court was without authority to transform Connie’s oral motion to dismiss into special exceptions. An order is void permitting 15 mandamus to issue if it is beyond the power of the court to enter it. Barlow, 899 S.W.2d at 794. An order is void when a court has no power or jurisdiction to render it. Urbish v. 127th Judicial Dist. Court, 708 S.W.2d 429, 431 (Tex. 1986); Faherty v. Knize, 764 S.W.2d 922, 924 (Tex. App. — Waco 1989, no writ) (“mandamus will issue to nullify an order entered without legal authority”); In re Maxwell, 970 S.W.2d 70, 72 (Tex. App. — Houston [14th Dist.] 1998, no writ) (orig. proceeding)(characterizing order issued without authority as an abuse of discretion). 2. The Court Did Not Have the Power or Authority to Transform Connie’s Motion to Dismiss into Special Exceptions In order to justify its actions, the trial court must have had some express or implied authority to act on its own in changing the motion to dismiss into special exceptions. Chapter 157 does not provide the Court with express authority to change Connie’s filing. Further, although courts also have inherent powers to act, Eichelberger v. Eichelberger , 582 S.W.2d 395, 398 (Tex. 1979), the trial court went beyond any recognized inherent power to act in this case. A court’s inherent power is derived from its very existence, and allows it to act in aid of its jurisdiction, administer justice, and preserve its independence and integrity. Travelers Indem. Co. of Conn. v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996) (orig. proceeding). A Texas court may use its inherent power to: (1) change, 16 set aside or otherwise control its judgments; (2) summon and compel the attendance of witnesses; (3) to sanction and to punish by contempt; (4) to regulate the practice of law; and (5) provide personnel to aid the court in the exercise of its judicial function. Eichelberger, 582 S.W.2d at 398-99 n. 1. None of these examples of proper uses of a court’s inherent power are present in this case nor analogous to how the court sided with Clifford and allowed a remedy that was not requested. “Equity jurisdiction does not flow merely from the alleged inadequacy of a remedy at law, nor can it originate sole from a court’s good intentions to do what seems ‘just’ or ‘right;’ the jurisdiction of Texas courts — the very authority to decide cases — is conferred solely by the constitution and the statutes of the state.” State v. Morales, 869 S.W.2d 941, 942 (Tex. 1994). 3. Connie Has No Other Remedy at Law Connie has no other remedy at law but to request this Court issue a writ of mandamus to vacate the trial court’s previous order and dismiss Clifford’s Motions for Enforcement. Connie was entitled to a dismissal of Clifford’s Motions for Enforcement based on the trial court’s finding that the Motions for Enforcement were deficient. Instead, the trial court allowed Clifford to replead his Motions with the benefit of hearing Connie’s counsel explain how his Motions were deficient. Now, 17 Connie must defend against First Amended Motions for Enforcement that should have been dismissed. Further, Connie runs the risk of being incarcerated and fined if she loses at the hearing. A risk she should not have to take since the Motions should have been dismissed. Because the trial court had no authority to disregard Connie’s motion to dismiss and insert its own special exceptions in its place to allow for Clifford to amend his Motions for Enforcement, the Order for Dismissal is void and should be withdrawn and a new order should be entered dismissing Clifford’s Motions for Enforcement for failing to comply with Section 157.002 of the Texas Family Code. PRAYER Connie prays that the Honorable Court issue a writ of mandamus directing Judge Franklin to vacate her Order of Dismissal and enter an order dismissing the claims brought in Clifford’s Motions for Enforcement and First Amended Motions for Enforcement. 18 Further, Connie prays for any other and further relief, general or special, in law or in equity, to which she may show herself to be justly entitled. Respectfully submitted, The Medina Law Firm By: /s/ David M. Medina David M. Medina State Bar No. 00000088 5300 Memorial Drive, Suite 890 Houston, Texas 77007 Telephone: (713) 653-3147 Telecopier: (713) 862-1002 davidmedina@justicedavidmedina.com ATTORNEY FOR RELATOR CONNIE V. HARRISON CERTIFICATE OF SERVICE In accordance with Tex. R. App. Pro. 9.5(a), the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Writ of Mandamus has been sent by e-service and certified mail, return receipt requested, on this the 15th day of January, 2015 to the following parties: Honorable Judge Alicia K. Franklin Presiding Judge, 311th District Court Harris County Civil Courthouse 201 Caroline, 8th Floor Houston, Texas 77002 Telephone: (713) 274-4580 Respondent 19 Patricia A. Wicoff SBOT No. 21422500 Amy Harris SBOT No. 24041057 Schlanger, Silver, Barg & Paine, L.L.P. 109 North Post Oak Lane, Suite 300 Houston, Texas 77024 Telephone: (713) 735-8514 Facsimile: (713) 351-4514 Attorney for Clifford Harrison Heather Hughes SBOT No. 00796794 952 Echo Lane, Suite 475 Houston, Texas 77024 Telephone: (713) 463-5505 Amicus Attorney for the Minor Children /s/ David M. Medina CERTIFICATE OF COMPLIANCE The undersigned hereby certifies that, pursuant to Tex. R. App. Pro. 9.4(i)(3), the number of words in this document are 3,895 based upon the word counter of Microsoft Word. /s/ David M. Medina 20 CASE NO. ______________ __________________________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS _________________________________________________________________ IN RE CONNIE V. HARRISON __________________________________________________________________ RELATOR’S APPENDIX __________________________________________________________________ APPENDIX TABLE OF CONTENTS Document Tab Order of Dismissal.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Tex. Fam. Code § 157.002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Tex. Fam. Code § 157.064. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 V.T.C.A., Family Code § 157.002 Page 1 Effective:[See Text Amendments] Vernon's Texas Statutes and Codes Annotated Currentness Family Code (Refs & Annos) Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship (Refs & Annos) Subtitle B. Suits Affecting the Parent-Child Relationship Chapter 157. Enforcement (Refs & Annos) Subchapter A. Pleadings and Defenses (Refs & Annos) § 157.002. Contents of Motion (a) A motion for enforcement must, in ordinary and concise language: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state the manner of the respondent's alleged noncompliance; (3) state the relief requested by the movant; and (4) contain the signature of the movant or the movant's attorney. (b) A motion for enforcement of child support: (1) must include the amount owed as provided in the order, the amount paid, and the amount of arrearages; (2) if contempt is requested, must include the portion of the order allegedly violated and, for each date of al- leged contempt, the amount due and the amount paid, if any; (3) may include as an attachment a copy of a record of child support payments maintained by the Title IV-D registry or a local registry; and (4) if the obligor owes arrearages for a child receiving assistance under Part A of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq.), may include a request that: (A) the obligor pay the arrearages in accordance with a plan approved by the court; or © 2015 Thomson Reuters. No Claim to Orig. US Gov. Works. V.T.C.A., Family Code § 157.002 Page 2 (B) if the obligor is already subject to a plan and is not incapacitated, the obligor participate in work activit- ies, as defined under 42 U.S.C. Section 607(d), that the court determines appropriate. (c) A motion for enforcement of the terms and conditions of conservatorship or possession of or access to a child must include the date, place, and, if applicable, the time of each occasion of the respondent's failure to comply with the order. (d) The movant is not required to plead that the underlying order is enforceable by contempt to obtain other ap- propriate enforcement remedies. (e) The movant may allege repeated past violations of the order and that future violations of a similar nature may occur before the date of the hearing. CREDIT(S) Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, § 17, eff. Sept. 1, 1997. Current through the end of the 2013 Third Called Session of the 83rd Legislature (C) 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT © 2015 Thomson Reuters. No Claim to Orig. US Gov. Works. V.T.C.A., Family Code § 157.064 Page 1 Effective:[See Text Amendments] Vernon's Texas Statutes and Codes Annotated Currentness Family Code (Refs & Annos) Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship (Refs & Annos) Subtitle B. Suits Affecting the Parent-Child Relationship Chapter 157. Enforcement (Refs & Annos) Subchapter B. Procedure § 157.064. Special Exception (a) If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion to strike before it hears the motion for enforcement. (b) If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hear- ing to a designated date and time without the requirement of additional service. CREDIT(S) Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Current through the end of the 2013 Third Called Session of the 83rd Legislature (C) 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT © 2015 Thomson Reuters. No Claim to Orig. US Gov. Works. CASE NO. ______________ *EXPEDITED RULING REQUESTED* _____________________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS _____________________________________________________________ IN RE CONNIE V. HARRISON _____________________________________________________________ EMERGENCY MOTION TO STAY PROCEEDINGS _____________________________________________________________ From the 311th Judicial District Court of Harris County, Texas Cause No. 2006-68864 EMERGENCY MOTION TO STAY PROCEEDINGS Appellant Connie Vazquez Harrison, files this Emergency Motion To Stay the Motion For Enforcement hearings scheduled for Friday, January 16, 2015 at 10:30 a.m. and to Stay any related proceedings in this litigation. Clifford Harrison’s attorneys are asking for immediate incarceration of Ms. Harrison. Connie Harrison respectfully requests this Honorable Court to stay the hearing and any related proceeding until the mandamus is decided. Respectfully submitted, \s\ David M. Medina David M. Medina The Medina Law Firm 5300 Memorial Drive, Suite 890 Houston, Texas 77007 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was forwarded to all attorneys of record on the 16th day of January, 2015. \s\ David Medina____________ David M. Medina CASE NO. ______________ __________________________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS _________________________________________________________________ IN RE CONNIE V. HARRISON __________________________________________________________________ NOTICE OF RELATED FILING __________________________________________________________________ TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW CONNIE V. HARRISON, Relator in the above-referenced cause, who makes and files this, her Notice of Related Filing pursuant to the Local Rule 1.3(a), and in support whereof would respectfully show unto the Honorable Court as follows: I. A related appeal was previously filed in the Fourteenth Court of Appeals involving the same parties and the same underlying suit. The caption of the previous appeal was Harrison v. Harrison, it was appealed from the 311th Judicial District Civil Court in Harris County, Texas and the trial court cause no. is 2006-68864 and the cause no. for the previous appeal was 14-14-00915-CV. II. Pursuant to Local Rule, 1.2(d) Relator requests the intake clerk to assign this original proceeding to the Fourteenth Court of Appeals, the same court of appeals that heard the previous related matter. Respectfully submitted, The Medina Law Firm By: /s/ David M. Medina David M. Medina State Bar No. 00000088 5300 Memorial Drive, Suite 890 Houston, Texas 77007 Telephone: (713) 653-3147 Telecopier: (713) 862-1002 davidmedina@justicedavidmedina.com ATTORNEY FOR RELATOR CONNIE V. HARRISON CERTIFICATE OF SERVICE In accordance with Tex. R. App. Pro. 9.5(a), the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Writ of Mandamus has been sent by e- service and certified mail, return receipt requested, on this the 15th day of January, 2015 to the following parties: Honorable Judge Alicia K. Franklin Presiding Judge, 311th District Court Harris County Civil Courthouse 201 Caroline, 8th Floor Houston, Texas 77002 2 Telephone: (713) 274-4580 Respondent Patricia A. Wicoff SBOT No. 21422500 Amy Harris SBOT No. 24041057 Schlanger, Silver, Barg & Paine, L.L.P. 109 North Post Oak Lane, Suite 300 Houston, Texas 77024 Telephone: (713) 735-8514 Facsimile: (713) 351-4514 Attorney for Clifford Harrison Heather Hughes SBOT No. 00796794 952 Echo Lane, Suite 475 Houston, Texas 77024 Telephone: (713) 463-5505 Amicus Attorney for the Minor Children /s/ David M. Medina David M. Medina 3 STATE OF TEXAS § § COUNTY OF HARRIS § AFFIDAVIT OF CONNIE V. HARRISON BEFORE ME, the undersigned Notary Public for the State of Texas, personally appeared Connie V. Harrison, known to me to be the person whose name is subscribed to this instrument, and who by me being duly sworn, did depose and state as follows: 1. My name is Connie V. Harrison. I am over the age of eighteen years, I am of sound mind, and I have never been convicted of a felony or of any crime of moral turpitude. I am in all respects competent to make this affidavit. 2. I have personal knowledge of all of the facts set forth herein, and they are all true and correct. I am a party to the underlying suit affecting the parent child relationship styled Harrison v. Harrison, Cause No., 2006-68864, currently pending in the 311th Judicial District Civil Court in Harris County, Texas and the Relator in this Mandamus proceeding. I have personally reviewed the documents filed in the underlying suit and the documents attached hereto as part of the Record for this mandamus proceeding. 3. True and correct copies of the following documents filed III the underlying suit are attached hereto as part of the Record: -Order of Dismissal entered December 15, 2014; • Hearing on Motions Transcript dated December 4,2014; • Motion for Enforcement of Possession and Access and Order to Appear filed on September 2,2014; • Motion for Enforcement and Order to Appear filed on October 13,2014; • First Amended Motion for Enforcement of Possession and Access and Order to Appear filed on December 8, 2014; and • First Amended Motion for Enforcement and Order to Appear filed December 8,2014. FURTHER THE AFFIANT SAITH NAUGHT. r: I IP ~/}; vii (:ffYUt;;/. ,1W~t1/ CONNIE V. HARRISON SUBSCRIBED AND SWORN TO before me by said Connie V. Harrison on this, the i.s* day ofJanuary, 2015. I.. '.. ,,' > f{{lU;{ il( fitvv NOTARY PUBLIC, STATE OF TEXAS 2 CASE NO. ______________ __________________________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS _________________________________________________________________ IN RE CONNIE V. HARRISON __________________________________________________________________ RELATOR’S RECORD __________________________________________________________________ RECORD TABLE OF CONTENTS Document Tab Order of Dismissal.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Hearing on Motions Transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Motion for Enforcement of Possession and Access and Order to Appear. . . . . . . . 3 Motion for Enforcement and Order to Appear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 First Amended Motion for Enforcement of Possession and Access and Order to Appear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 First Amended Motion for Enforcement and Order to Appear.. . . . . . . . . . . . . . . . 6 TAB 1 1 1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME 2 TRIAL COURT CAUSE NO. 2006-68864 3 IN THE INTEREST OF ) IN THE DISTRICT COURT ) 4 J.E.L.H., II ) AND ) HARRIS COUNTY, TEXAS 5 V.M.H., ) ) 6 MINOR CHILDREN ) 311TH JUDICIAL DISTRICT 7 8 9 _____________________________________________ 10 11 HEARING ON MOTIONS 12 _____________________________________________ 13 14 15 On the 4th day of December, 2014, the following 16 proceedings came on to be held in the above-titled 17 and numbered cause before the Honorable Alicia K. 18 Franklin, Judge Presiding, held in Houston, Harris 19 County, Texas. 20 Proceedings reported by computerized stenotype 21 machine. 22 23 24 25 TAB 2 2 December 4, 2014 1 APPEARANCES 2 PATRICIA A. WICOFF SBOT NO. 21422500 3 AMY HARRIS SBOT NO. 24041057 4 Attorneys-at-Law SCHLANGER, SILVER, BARG & PAINE, L.L.P. 5 109 North Post Oak Lane, Suite 300 Houston, Texas 77024 6 Telephone: (713) 785-1700 Counsel for Clifford Harrison 7 8 9 SARA RAZAVI ZAND SBOT NO. 24051233 10 MELISSA A. CASS SBOT NO. 24054541 11 Attorneys-at-Law 2118 Smith Street 12 Houston, Texas 77002 Telephone: (713) 396-0227 13 Counsel for Connie Vasquez Harrison 14 15 HEATHER HUGHES SBOT NO. 00796794 16 Attorney-at-Law 952 Echo Lane, Suite 475 17 Houston, Texas 77024 Telephone: (713) 463-5505 18 Amicus Attorney for the Minor Children 19 20 21 22 23 24 25 3 December 4, 2014 1 INDEX 2 VOLUME 1 3 HEARING ON MOTIONS 4 December 4, 2014 5 PAGE VOL. 6 Proceedings .................................4 1 7 Ruling on Mental Health Evaluation ......... 11 1 8 Ruling on Motion to Dismiss ................ 40 1 9 Ruling on Possession and Access ............ 52 1 10 Reporter's Certificate ..................... 55 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 December 4, 2014 1 THE COURT: We are on the record in 2 Cause 2006-68864, In the Matter of the Marriage of 3 Clifford Layne Harrison and Connie Vasquez Harrison, 4 and In the Interest of J.E.L.H., II, and V.M.H., 5 Children. 6 Counsel, please make your appearances 7 for the record. 8 MS. WICOFF: Your Honor, my name is 9 Patricia A. Wicoff. I'm here together with Amy 10 Harris. We represent Cliff Harrison. 11 MS. HUGHES: Your Honor, I'm 12 Heather -- I'm sorry. 13 MS. RAZAVI ZAND: Your Honor, I'm 14 Sara Razavi Zand here with Melissa Cass today here to 15 represent the Respondent. 16 MS. HUGHES: Your Honor, I'm Heather 17 Hughes, the amicus attorney for the children. 18 THE COURT: Okay. And we had a 19 number of things set on the docket this morning, and 20 the first is a -- the first matter we're going to 21 take care of is the motion for the appointment of a 22 mental health evaluator. 23 And off the record, Ms. Hughes, you 24 were letting me know that Judge Newey had previously 25 granted the motion for the mental health evaluation 5 December 4, 2014 1 to take place of both parties. However, it failed to 2 name a evaluator and you-all were instructed to try 3 to reach a resolution on that; and I'm under the 4 assumption since we're here today you've been unable 5 to do so. 6 MS. HUGHES: Correct. I looked into 7 one individual, Dr. Peter Simone; and when he got 8 back to me, he indicated that with the January trial 9 setting and his schedule that he would not be able to 10 take the assignment commitment. And, so, then I sent 11 an e-mail and proposed Dr. Adrienne Tinder, who is 12 affiliated with Dr. Silverman and Dr. Laval. I heard 13 back from Ms. Wicoff. My recollection was that she 14 did not oppose Dr. Tinder, and I did disclose to 15 everybody that she was related -- or not related, but 16 worked with Dr. Silverman, who is a psychologist who 17 performed the evaluation in the underlying divorce. 18 I just wanted to make sure everyone was aware of 19 that. I don't recall hearing back from Ms. Harrison; 20 and, so, that's where we are. 21 And then this morning I have 22 communicated with Dr. Tinder, and she's indicated her 23 availability would be in January to begin the 24 evaluation. 25 THE COURT: Okay. So, to begin in 6 December 4, 2014 1 January? 2 MS. HUGHES: Yes, Your Honor. 3 THE COURT: And we were set for trial 4 for -- 5 MS. WICOFF: We are set 6 preferentially. 7 THE COURT: What was the date? 8 MS. HARRIS: January 20th. Pretrial 9 on January the 9th. 10 THE COURT: Okay. 11 MS. HARRIS: Which is the date that 12 we got from the Court at the same time that the 13 evaluation was heard. 14 MS. WICOFF: Judge, if I may respond 15 when you're -- if Ms. Hughes is done. 16 MS. HUGHES: Other than -- and both 17 parties filed respective motions for mental health 18 evaluation. 19 THE COURT: Okay. 20 MS. RAZAVI ZAND: And, Your Honor, 21 that was actually -- I came on the case approximately 22 36 hours ago. 23 THE COURT: Okay. 24 MS. RAZAVI ZAND: And that was filed 25 prior to me coming on the case; and it's also my 7 December 4, 2014 1 understanding that at the September 3rd hearing that 2 Judge Newey did order a psych eval to be done on 3 everyone, including the kids. I'm not opposed to any 4 of that. I'm not opposed to whoever the amicus wants 5 to pick, too. I have no preference. 6 THE COURT: Okay. 7 MS. WICOFF: Judge, I am opposed to 8 it at this point; and let me explain to the Court 9 why. 10 We were set for trial on 11 September 2nd. When we did not get reached for 12 trial, then Judge Newey said he would go ahead and 13 order the psychiatric. At that time we were then set 14 for trial January 20th. That was three months ago. 15 There has been nothing accomplished with regard to 16 that Order, which has never been entered. We do not 17 have an Order signed. There has been nothing 18 accomplished with regard to that happening for the 19 last three-month period; and I don't know where the 20 disconnect was, Judge. I responded to Ms. Hughes as 21 soon as she contacted me. 22 At this point, Judge, we are now in 23 our fourth trial setting after the remand from the 24 Court of Appeals. We are now looking at an 25 eight-year-old case to get heard. Quite frankly, 8 December 4, 2014 1 Judge, both of these children have their own 2 therapist that Mr. Harrison has arranged for these 3 children that they are seeing. The amicus attorney 4 has talked to at least one of the therapists, that I 5 am aware of. As far as I'm concerned, we don't have 6 a signed Order at this point, Judge. 7 This will clearly -- this is an 8 automatic continuance, is what it really is, Judge. 9 We don't want this case continued under any scenario; 10 and we are ready, willing and able to withdraw any 11 request for any kind of psychological or psychiatric. 12 Quite frankly, it's my feeling that Ms. Harrison's 13 conduct throughout this past many months is -- 14 MS. RAZAVI ZAND: Objection to 15 testifying as to facts not in evidence and testifying 16 as the attorney, Your Honor. 17 THE COURT: Sustained. 18 You can rephrase. 19 MS. WICOFF: I think, Judge, that we 20 are not going to need a psychiatric in this jury 21 case, quite frankly. So, I think at this point, 22 Judge, it is too little too late. I would like for 23 it to have been commenced in September when it was 24 originally ordered. It didn't happen, but it didn't 25 happen because of anything that Mr. Harrison did. It 9 December 4, 2014 1 simply didn't happen. And to now piggyback and say, 2 oh, let's get it done in January. I talked to the 3 lady this morning and she can do it in January. No. 4 It's too late. This case needs to be concluded. We 5 are ready to go forward. 6 And the other thing that the Court 7 needs to know, way back when we tried this case in 8 2008, I believe -- 9 MS. HARRIS: Seven. 10 MS. WICOFF: -- '7 or '8, the parties 11 were ordered to go to Mr. -- to Dr. Silverman. We 12 had to get a motion to compel the attendance of 13 Ms. Harrison to go to Dr. Silverman for the 14 evaluation. The fact that this woman can do it in 15 January doesn't mean that Ms. Harrison is going to 16 show up. So, then where are we? Are we then in the 17 summer? Are we going to be in the fall? Are we 18 going to be in 2016? No. It's time to get this case 19 done with or without a psychological; and that should 20 have been taken care of three months ago, not today. 21 And that's my position, Judge. 22 THE COURT: Okay. Anything further 23 from anybody? 24 MS. RAZAVI ZAND: Your Honor, it's my 25 understanding that the -- and, again, I apologize if 10 December 4, 2014 1 I misstate any of the facts since I've only been on 2 the case for 36 hours; but it's my understanding that 3 at the time of the psych eval -- the psych eval was 4 done in '07 with Dr. Silverman, and the children were 5 not evaluated at the time. So, there, at minimum, 6 needs to be some sort of update. If Dr. Silverman is 7 going to be considered an expert, his report is so 8 old that I don't know if it actually pertains to the 9 parties today. 10 But, again, Your Honor that wasn't -- 11 that wasn't -- that was an order of the Court by 12 Judge Newey, and we have the transcripts where he 13 states that the children need to be re-evaluated 14 because there have been instances where the children 15 have seen some family violence that have gone on. 16 He's been convicted of family 17 violence. There's been a finding of family violence 18 in this court. There's been a second incident of 19 family violence that occurred a couple months ago. 20 So -- in the presence of one of the children. 21 MS. WICOFF: Judge, I'm not -- I 22 didn't interrupt opposing counsel when she was 23 testifying, and she did to me; but I will respond 24 that, first of all, there has never been a conviction 25 of family violence against Mr. Harrison. 11 December 4, 2014 1 Secondly, he was no-billed on this 2 last accusation by Ms. Harrison. These children are 3 seeing therapists. Those two therapists can come in 4 and testify. We need to get this case over. It 5 is -- three months ago had we started this, that 6 would be one thing; but it didn't happen, and it 7 didn't happen because of us. We want to go to trial 8 in January, Judge. 9 THE COURT: Okay. With regards to 10 the motion to appoint an evaluator, the Court is 11 going to deny that relief and the Court is 12 superseding any prior Order that, perhaps, was orally 13 rendered and hasn't been reduced to writing ordering 14 the evaluation that is superseded by this Order 15 denying the appointment of the evaluator and also 16 denying a evaluation period. 17 And then let's move on to the motion 18 for continuance. And I apologize, but I don't see -- 19 MS. HARRIS: It's actually not set, 20 Judge. We had actually conceded to possibly going 21 forward on that this morning. However, 22 Ms. Harrison's new counsel advised me this morning 23 that they would be passing their continuance. 24 THE COURT: Okay. 25 MS. RAZAVI ZAND: At this time, Your 12 December 4, 2014 1 Honor, I, like I said, I have 11 boxes that were 2 delivered to my office; and I'm going to have to 3 review to see if discovery has been updated and 4 whatnot. But as of right now, I'm passing my 5 client's pro se motion for a continuance. 6 THE COURT: Okay. Excellent. I 7 appreciate that. 8 And, so, then my understanding is we 9 just have the two motions for enforcement. 10 Now, with regards to the Order on the 11 request for the mental health evaluator, is that 12 something you-all can stand down and handwrite up? 13 Okay. 14 MS. HUGHES: Handwrite. 15 THE COURT: Okay. Because I don't 16 want to have to give you an entry date on that and 17 have y'all come back. So, if we could enter that 18 before the end of the day. 19 MS. HUGHES: I also believe my motion 20 to review possession and access was set today. I 21 called the clerk on Monday to confirm it because it 22 showed up as a docket sheet entry, and it was 23 confirmed because a week before I had been told it 24 was the motion to appoint evaluator had been set. 25 So, I wanted to make sure. And when I called on 13 December 4, 2014 1 Monday, I was told that, yes, the motion to review 2 possession and access was set as well; and, so, I 3 notified the parties of that. 4 THE COURT: I found the motion. It 5 was noticed for today because I signed it on November 6 the 14th and indicated that I signed a notice of 7 hearing to review possession and access for today -- 8 MS. HUGHES: All right. 9 THE COURT: -- set at 9:00 o'clock 10 a.m. So, we can hear that as well. 11 Now we have to figure out 12 logistically how we're going to get this done. It is 13 11:45, and my understanding is you have somewhere 14 else to be as well. 15 MS. HUGHES: I left the 312th morning 16 CPS docket with one matter unfinished, and I've got 17 one matter at 1:30 back in the 312th on their 18 afternoon CPS docket. 19 THE COURT: Okay. 20 MS. HUGHES: May I look at my phone 21 to see if anyone has text me? 22 THE COURT: Sure. 23 MS. HUGHES: And there's a chance 24 that the morning matter disappears because of a 25 report not being timely filed, but I've not had 14 December 4, 2014 1 confirmation -- 2 THE COURT: And, Victor, what is my 3 schedule like? 4 THE COORDINATOR: For this afternoon? 5 THE COURT: Uh-huh. 6 THE COORDINATOR: You've got a motion 7 for new trial that has to go before you. I don't 8 expect that to be too long, but that's at 1:30. I 9 could be wrong. 10 THE COURT: Okay. 11 MS. WICOFF: Judge, let me just 12 interject, if I may, that we are set for a motion for 13 revocation of probation on December the 18th. 14 Certainly we could put both of these contempt 15 motions -- have Ms. Harrison sworn to return on the 16 18th and have those heard, these contempts, two 17 contempts heard on the 18th if that will help 18 accommodate the Court. 19 THE COURT: Victor? 20 MS. HUGHES: I don't anticipate my 21 motion would be very long, Your Honor. 22 THE COURT: Okay. So, we could take 23 care of the possession and access. 24 We can go off the record. 25 (Discussion off the record) 15 December 4, 2014 1 THE COURT: Okay. And if the parties 2 can stand up at counsel table. Okay. Anybody who is 3 going to testify in this matter, please raise your 4 right hand. 5 (Oath administered) 6 THE COURT: Okay. You may lower your 7 right hands. 8 And then, ma'am, let me go ahead and 9 give you some instructions at this time. Okay? The 10 rule has been invoked in this matter. We are having 11 a hearing in which it is expected you may testify. 12 When I place you under the rule, that is severalfold. 13 One, I'm going to excuse you to the hallway. Okay? 14 And you may not be present in the courtroom while any 15 testimony or any matters are being conducted except 16 for and save for while you are testifying. Okay? 17 While you are in the hallway, you may not communicate 18 with other witnesses or the parties about matters 19 relevant to the case or matters that you likely would 20 testify about. If there's breaks and the parties are 21 excused to the hallway, you may exchange 22 pleasantries. You may talk about the weather, 23 logistical things like arranging rides or things like 24 that. Okay? But nothing relevant to the issues that 25 would likely be being discussed here in the 16 December 4, 2014 1 courtroom. Okay? 2 PROSPECTIVE WITNESS: I understand. 3 THE COURT: And if you're found to be 4 in violation of that rule, then I could preclude you 5 from testifying. I may strike testimony or I could 6 actually find you in contempt of court for disobeying 7 a Court Order. So, it's best to adhere to the 8 instructions of the Court. Okay? 9 PROSPECTIVE WITNESS: I understand. 10 Thank you very much. 11 THE COURT: So, you're excused to the 12 hallway at this time. Thank you, ma'am. 13 MS. RAZAVI ZAND: And, Your Honor, 14 for purposes of the record, were the parties sworn in 15 for both enforcements as well? 16 MS. HARRIS: Yes, Judge. We're going 17 to hear them all at the same time. 18 THE COURT: I thought what we're 19 hearing is two enforcements and the possession and 20 access. 21 MS. RAZAVI ZAND: That's correct. 22 THE COURT: Motion for possession and 23 access. So, yes, the oath that I just administered 24 is for all matters that are being heard right now. 25 MS. RAZAVI ZAND: Thank you. 17 December 4, 2014 1 THE COURT: You're welcome. 2 So, I have the motion to review 3 possession and access. Will you direct me -- the 4 motion for enforcement, is it the -- is one of them 5 the one that was filed on October the 13th? 6 MS. WICOFF: It is, Judge. 7 THE COURT: Okay. 8 MS. WICOFF: And the other one was 9 filed on September the 22nd. I'm sorry. 2 or 22. 10 I'm sorry. 2. It is 2, Judge. 11 MS. HARRIS: 9/2. 12 MS. WICOFF: 9/2 and the October. 13 THE COURT: Okay. I see it. Thank 14 you, Ms. Wicoff. This is a lengthy file. So, it's a 15 little difficult to find everything all at once. 16 Okay. Is there a preference to what 17 order that we're going to hear the -- 18 MS. WICOFF: I think the enforcements 19 were filed first, Judge. So, I'd like to move 20 forward on those. 21 THE COURT: Okay. Then, Ms. Wicoff, 22 if you're announcing ready at this time and you're 23 ready to move forward, you may do so. 24 MS. WICOFF: I am; and I would call 25 Mr. Harrison as my first witness, Your Honor. 18 December 4, 2014 1 MS. RAZAVI ZAND: And, Your Honor, 2 since the parties have already been sworn in, I'd 3 like to do my oral motion to dismiss for procedural 4 reasons that need to be heard prior to them actually 5 starting and after they've been sworn. So, may I 6 proceed? 7 THE COURT: You may. 8 MS. RAZAVI ZAND: Thank you. Would 9 you like me to do it at the bench, Your Honor, or 10 from a seated position? 11 THE COURT: You can do it from a 12 seated position, Counsel. 13 MS. RAZAVI ZAND: Your Honor, for the 14 first motion for enforcement that was filed on 15 September 2nd, 2014, if you turn to page 6 of 9, 16 that's where the violations begin. 17 Your Honor, with regard to Violation 18 Number 1, Violation Number 1 states: On or about 19 July 28, 2014, Connie Vasquez Harrison failed to 20 comply with the terms of this order by failing to 21 adhere to the permanent injunctions relating to 22 discussing divorce litigation or issues surrounding 23 the litigation with the children. See a letter from 24 John Ernest Harrison attached hereto Exhibit "C" and 25 is fully incorporated herein for all purposes. 19 December 4, 2014 1 Your Honor, Violation Number 1 fails 2 to allege how Connie actually violated the interim 3 order pursuant to a section of the Texas Family Code 4 157.002(a)(2). It doesn't actually state how she 5 violated the injunction. The proper way to plead 6 would actually be that Connie Harrison discussed 7 litigation with the son on a certain date and failed 8 to adhere to the permanent injunction as to how she 9 actually failed. It's not specific enough pursuant 10 to 157.002(a)(2). It doesn't say how she actually 11 violated it. 12 Violation Number 2, Your Honor: On 13 August 15th Clifford Layne Harrison was denied access 14 to the minor children, John Ernest Harrison and 15 Victoria Madeline Harrison, for his weekend period of 16 possession. 17 Your Honor, Violation Number 2 also 18 fails to adhere with Section 157.002(a)(2) and 19 Section (c). It fails to state the actual location 20 of the violation and fails to identify how Connie 21 violated -- I'm sorry -- how the Respondent violated 22 the order. Section 157.002(a)(2) and (c), the Movant 23 must be able to identify the provisions of the order 24 and that Respondent violated it and specify the date, 25 time, place and manner in which the Respondent 20 December 4, 2014 1 actually violated those provisions. 2 And if you go to Violation Number 3, 3 Your Honor: On August 27th, 2014, Clifford Layne 4 Harrison was denied access to the minor children, 5 John Ernest Harrison and Victoria Madeline Harrison, 6 at the time the children were dismissed from school 7 for the Thursday overnight period of possession and 8 weekend extended by the holiday. 9 Again, Your Honor, Violation Number 3 10 doesn't state how the violation was -- how it was 11 actually violated. It fails to identify how the 12 Respondent violated the order. Your Honor, it fails 13 to state the location of the violation and fails to 14 actually state what Respondent failed to do. 15 Also, Your Honor, August 27th, 2014, 16 which is the date that they pled, is actually a 17 Wednesday and not a Thursday. It's not his actual 18 period of possession under the order. 19 Violation Number 4 states that Connie 20 Vasquez Harrison has intentionally and willfully 21 failed to adhere to the Court's order pertaining to 22 the children's enrollment in school. Connie Vasquez 23 has facilitated the enrollment of John Ernest 24 Harrison in a school other than Grady Middle School. 25 Again, Your Honor, the underlying 21 December 4, 2014 1 order on Violation Number 4 is not specific enough to 2 state that Connie is enjoined from doing so or -- I'm 3 sorry -- Respondent. The language of the Petition 4 does not specify or identify how Respondent actually 5 violated the order. It's also not specific enough to 6 identify the actual violation with regard to that, 7 Your Honor. 8 If you go to Section 10, Number 10, 9 page 6 of 9, it states: Movant requests that 10 Respondent be held in contempt, jailed and fined for 11 the violations alleged above. 12 Number 11 states that Movant 13 believes, based on Respondent's conduct, the repeated 14 and ongoing history of Respondent's conduct and the 15 history of the willful failure to comply with the 16 court orders, that Respondent will continue to fail 17 to comply with the orders of the court. Therefore, 18 Movant requests that Respondent be held in contempt, 19 jailed and fined for each failure to comply with the 20 order of the court from the date of this filing to 21 the date of the hearing on this motion. 22 Movant requests that Respondent be 23 confined in the county jail for 90 days. 24 Your Honor, Sections 10 through 12 do 25 not state whether they are seeking civil contempt or 22 December 4, 2014 1 criminal contempt. It doesn't state the amount of 2 the fine. It doesn't state whether what the jail 3 time that they're asking for is going to be 4 concurrent or consecutive. There are several 5 violations in here, Your Honor. Nothing in this 6 Petition puts my client on notice of her right to 7 invoke a jury trial on all the violations. 8 Your Honor, with regard to 9 Enforcement Number 2 that was filed on 10 September 13th, 2014, Violation Number 1 is set forth 11 on page 2 -- I'm sorry -- it was filed October 13th, 12 2014. Do you have that in front of you? 13 THE COURT: I do. Thank you. 14 MS. RAZAVI ZAND: May I proceed? 15 THE COURT: You may. 16 MS. RAZAVI ZAND: Okay. Violation 17 Number 1: On September 15th, 2014, Connie Vasquez 18 Harrison intentionally and knowingly appeared at the 19 Boy Scout meeting wherein John Harrison was in 20 attendance and spoke with both John Harrison and 21 Victoria Harrison, including taking Victoria Harrison 22 into the women's restroom to have a private 23 conversation with her. 24 Your Honor, with regard to Violation 25 Number 1, Your Honor, pursuant to Section -- Texas 23 December 4, 2014 1 Family Code 157.002(a)(2) and (c), it fails to state 2 the place, time and manner of her violation. It 3 states that she intentionally and knowingly -- she 4 intentionally and knowingly appeared at the Boy Scout 5 meeting; but, Your Honor, as far as the actual 6 element of willful, it's not specific enough to put 7 my client on notice with regard to the actual 8 violation. 9 Violation Number 2: On 10 September 22nd, 2014, Connie Vasquez Harrison 11 intentionally and knowingly appeared at the Boy Scout 12 meeting wherein John Harrison was in attendance and 13 spoke with John Harrison and gave John Harrison a 14 letter to give to Victoria Harrison. 15 Again, Your Honor, it does not state 16 the place and manner of her violation pursuant to 17 Texas Family Code Section 157.002(a)(2) and (c). 18 Violation Number 3 states: On or 19 about October 8th, 2014, Connie Vasquez Harrison 20 communicated with John Harrison in writing. 21 Again, Your Honor, it does not state 22 place and the manner of Respondent's violation in 23 Violation Number 3 pursuant to Texas Family Code 24 Section 157.002(a)(2) and (c). 25 With regard to Violation Number 4: 24 December 4, 2014 1 On or about October 10th, Connie Vasquez communicated 2 with Victoria Harrison in writing. 3 Again, Your Honor, this does not 4 adhere to Texas Family Code Section 157.002(a)(2) and 5 (c) since it states to -- it fails to state the place 6 and manner of her actual violation. 7 Going to Number 8: Movant requests 8 that Respondent be held in contempt, jailed and 9 fined, for the violations alleged above. 10 Number 9: Movant believes, based on 11 Respondent's conduct, the repeated and ongoing 12 history of Respondent's conduct and the history of 13 the willful failure to comply with the Court orders 14 that Respondent will continue to fail to comply with 15 the Court orders -- with the orders of the Court. 16 Therefore, Movant requests that Respondent be held in 17 contempt, jailed and fined for each failure to comply 18 with the order of the Court from the date of this 19 filing to the date of the hearing on this motion. 20 Number 10: Movant requests that 21 Respondent be confined in county jail for 90 days. 22 In a parentheses it states 120 days. 23 Your Honor, again, this motion fails 24 to state whether Movant is seeking criminal or civil 25 contempt. It fails to state how much the fine is for 25 December 4, 2014 1 for each violation. It does not state whether jail 2 time is concurrent or consecutive for these 3 violations. Again, my client has not been put on 4 notice of her right to be able to invoke a jury 5 trial, if necessary. 6 Your Honor, with regard to Number 10, 7 it states that they're seeking jail -- county jail 8 time for 90 days, but in parentheses it actually says 9 120 days. 10 So, again, my client is not put on 11 notice with regard to the amount of jail time and 12 whether it's consecutive or running concurrent so 13 that she knows if she has the right to invoke a jury 14 trial. 15 Your Honor, with regard to 16 Enforcement Number 2, the underlying order is 17 actually not specific enough to state whether if 18 Ms. Vasquez -- if Ms. Harrison is actually found to 19 have engaged in this behavior whether the underlying 20 order is actually specific enough because it does not 21 state that Ms. Harrison doesn't have any contact with 22 the children. It doesn't state that at all. And, 23 therefore, we can't know if she actually violated the 24 order; and, again, her right to a jury trial, we 25 don't know if it's been invoked or not. 26 December 4, 2014 1 So, I ask that my motion to dismiss 2 be granted on both enforcements at this time. 3 THE COURT: Okay. Ms. Wicoff? 4 MS. WICOFF: May I respond? 5 THE COURT: You may. 6 MS. WICOFF: Your Honor, very 7 clearly -- and I will take the first enforcement, I 8 will take is the one that was filed in September, 9 September 2nd. Very clearly we set out verbatim 10 exactly which order we believe that she has, in fact, 11 violated. Commencing on page 2, Number 9, the 12 interim order April 10, 2014 which provides to 13 Mr. Harrison very specifically the periods -- first 14 of all, the permanent injunction as is set out 15 verbatim on page 4 from the order that the Court 16 finds that because of the conduct of Clifford 17 Harrison and Connie Vasquez Harrison a permanent 18 injunction against him should be granted as 19 appropriate relief because that's no adequate remedy 20 at law. And it says very clearly, Judge, that the 21 violation that we were contending that she has 22 violated is discussing the divorce litigation or any 23 issues surrounding this litigation with the parties' 24 children, the parties children. 25 Then, Judge, we go further on to 27 December 4, 2014 1 recite verbatim on page 5 the exact order that Judge 2 Tom Stansbury rendered wherein he said it is ordered 3 that in the event the children do not attend First 4 Baptist Academy, then, and in that event, the 5 children shall attend the public schools to which 6 Clifford Layne Harrison's residence is zoned, i.e., 7 Briargrove Elementary and Grady Middle School. 8 We then go on, Judge. On the 9 Violation Number 1, we have incorporated Exhibit "C" 10 which clearly puts Ms. Harrison on notice of the 11 violation that she has engaged in by communicating 12 with the child. It is incorporated. She could not 13 be not on notice with this having been incorporated 14 and her served with that document, Judge. 15 Violation Number 2, I have no 16 understanding as to why she thinks she is not on 17 notice that she has violated the order that is set 18 out. 19 MS. RAZAVI ZAND: Objection as to, 20 Your Honor, that the attorney is testifying as to 21 facts not in evidence at this time. This is 22 argument, not evidence -- I'm sorry -- argument, not 23 testimony. 24 THE COURT: It is overruled. 25 You may continue, Ms. Wicoff. 28 December 4, 2014 1 MS. WICOFF: Judge, on Violation 2 Number 2, August 15th, once again, Judge, we set out 3 verbatim the weekend visitation that he was entitled 4 to under the underlying order. She is notified on 5 the date that she violated that specific order. 6 We are withdrawing Violation Number 7 3, Judge, because, in fact, we have August 27th in 8 there as opposed to August 28th. That is simply an 9 incorrect date. 10 Then on Violation Number 4, Judge, 11 the -- she has intent -- she enrolled the children in 12 a school other than that designated by Mr. Harrison. 13 She has been put on notice that this is the violation 14 that she violated. She knows how she violated that 15 violation for all -- for that provision. 16 Judge, additionally, on each and 17 every one of these what opposing counsel is arguing 18 is not exactly what is said in the Family Code. It 19 says very clearly that if applicable the time of each 20 occasion of Respondent's failure to comply. To the 21 best of my knowledge, we have put in here when she 22 has failed to comply. 23 So, Judge, for all of those reasons, 24 none of the argument of opposing counsel is relevant 25 with regard to a dismissal. It will go to the weight 29 December 4, 2014 1 and not to the underlying validity of the contempt 2 itself. 3 Judge, with regard to October 13th -- 4 MS. RAZAVI ZAND: If I may, Your 5 Honor, would it behoove -- 6 MS. WICOFF: Judge, could I just get 7 through my argument -- 8 THE COURT: Hold on. 9 MS. WICOFF: -- please? 10 THE COURT: I don't know what she's 11 requesting. 12 MS. RAZAVI ZAND: Would it behoove -- 13 would it be beneficial if we argue this enforce -- 14 the first enforcement first and then go to the second 15 and I can counter her argument, or would you like me 16 to wait? 17 THE COURT: I would like you to wait 18 because you set it up as far as arguing both. So, 19 I'm going to allow Ms. Wicoff to respond -- 20 MS. RAZAVI ZAND: Thank you. 21 THE COURT: -- to both and then you 22 can reply -- 23 MS. RAZAVI ZAND: Thank you. 24 THE COURT: -- to her response. 25 MS. WICOFF: Judge, on the second 30 December 4, 2014 1 enforcement we make it very clear that it -- when 2 each one of these violations took place. The dates 3 are in there. We have -- we set forth the order that 4 it is ordered that Connie Vasquez Harrison shall not 5 have any periods of possession and/or access to the 6 children until further order of the Court or by 7 written agreement of the parties and attorneys. 8 Each and every date that she violated 9 that is reflected in here, and we have reflected 10 where she violated it or how she violated it. She is 11 on ample notice of exactly what she did in not 12 following these Court's orders. 13 THE COURT: And with regards, 14 Ms. Wicoff, to counsel's argument regarding Number 2 15 that was filed on October 13th, 2014 wherein she 16 states that her client is not on notice as far as 17 what jail time you're requesting. 18 MS. WICOFF: Well, Judge, certainly 19 there is a typographical error in there and certainly 20 we would waive any 120-day request and would ask for 21 the lesser amount. 22 Additionally, Judge, the argument 23 that she doesn't know whether it is consecutive or 24 concurrent really is a disingenuous argument. Had we 25 wanted these to run back to back, believe me, Judge, 31 December 4, 2014 1 we would have set that forth. It says very clearly 2 in the first contempt, it says Movant requests the 3 Respondent be confined in the county jail for 90 4 days, not 90 days per violation. Ninety days. 5 Additionally, Judge, the same 6 language is used in the second contempt; and as I 7 say, we are not seeking 120 days. We are seeking 90 8 days. So, certainly she knew that we were requesting 9 at least 90 days; and we are waiving the 120 days. 10 THE COURT: Okay. Your response? 11 MS. RAZAVI ZAND: Your Honor, as far 12 as -- let me go back to Enforcement Number 1. 13 I think that Ms. Wicoff actually 14 confused my argument on Violation Number 1. 15 Specifically, it's not pled properly. To put her on 16 notice is what she failed to do. It states in 17 Violation Number 1 that she failed to adhere to the 18 permanent injunctions relating to discussing the 19 divorce litigation. 20 The proper way to plead it, Your 21 Honor, is that Connie Harrison discussed litigation 22 with the son on a date certain, not that she failed 23 to adhere to a permanent injunction. Because it has 24 to actually state what she did to -- that what she 25 actually did that -- that she didn't actually adhere 32 December 4, 2014 1 to the permanent injunction. 2 As far as Violation Number 2, Your 3 Honor, on August 15th Clifford Layne was denied 4 access to the minor children. Again, it doesn't 5 state here how Respondent actually violated the 6 order. The language -- there's supposed to be 7 surrender language in here. The proper way to plead 8 it, Your Honor, would be that Clifford -- that Connie 9 Vasquez Harrison failed to surrender the children on 10 this date at this time that actually adheres to the 11 order. It doesn't state that what -- what she 12 actually did here. It only states that he was just 13 denied access to the children. 14 Violation Number 3, again, that -- 15 they withdrew that violation. 16 THE COURT: Correct. 17 MS. RAZAVI ZAND: And as far as 18 Violation 4, again, Your Honor, that violation is not 19 specific enough. 20 But, in totality, my client's due 21 process would be violated if we moved forward on this 22 motion because the order has to state if the jail 23 time is going to be concurrent or consecutive. It 24 has to state a fine amount. If the fine amount is 25 over $500, my client's right to a jury trial would be 33 December 4, 2014 1 invoked. At this time, I don't know whether I can or 2 can't invoke her right to a jury trial. 3 The same thing with -- with the 4 motion for enforcement, the second one that was filed 5 in October 13th, 2014. It's the same thing, Your 6 Honor. There is no fine amount in there. It doesn't 7 state that it's -- the jail time, if the jail time is 8 consecutive or concurrent. It has to state that. 9 It's a requirement to state that, to put the 10 Respondent on notice. 11 With regard to Ms. Wicoff's stating 12 that it's a typographical error, there cannot be 13 typographical errors in a motion for enforcement. 14 It's a quasi criminal proceeding, Your Honor. These 15 types of things get appealed immediately for failures 16 to have this stuff in the actual motion. 17 They must plead with specificity, and 18 they don't actually state in both enforcements 19 whether the contempt that they are seeking is civil 20 or criminal. And, Your Honor, that does make a 21 difference because, again, her right to a jury trial 22 would be invoked. And for civil contempt she can 23 actually stay in jail for a lot longer than that with 24 regard versus a criminal contempt. 25 So, at this time, again, I reiterate 34 December 4, 2014 1 that Ms. Wicoff cannot cure any defects on an oral 2 motion. If she has any defects in the pleadings, 3 they have to be repled. My client has to be 4 re-served again. She cannot cure her defects on an 5 oral motion and on an oral motion to dismiss. 6 So, again, Your Honor, I reiterate 7 that with the Court's request that the -- my motion 8 to dismiss be granted on both enforcements. 9 THE COURT: Okay. Ms. Wicoff? 10 MS. WICOFF: Your Honor, if I may 11 just close. 12 What she is arguing is special 13 exceptions, and she has no special exceptions filed. 14 MS. RAZAVI ZAND: Your Honor, you 15 actually do not have to file special exceptions on a 16 motion for enforcement. In fact, you can actually 17 waive your special exceptions to do a motion to 18 dismiss. You do not -- you absolutely do not -- if 19 you'd like me to find the section of the Code -- 20 THE COURT: I would because this 21 entire time I've been sitting here thinking just 22 that, that why wasn't this raised on special 23 exception. However, I realize you were retained 36 24 hours ago. So, I thought perhaps that was why -- 25 MS. RAZAVI ZAND: No. 35 December 4, 2014 1 THE COURT: -- they had not been 2 raised. 3 MS. RAZAVI ZAND: The reason why 4 special exceptions were not filed, Your Honor, is 5 because that gives them an opportunity to replead. 6 That's me telling them how to practice law, Your 7 Honor; and it allows them to replead and re-serve my 8 client without having to do a special exceptions. 9 You can do a motion to dismiss the entire proceeding, 10 and double jeopardy attaches after the clients -- 11 after the parties have been sworn in. 12 And if the Court can give me a 13 moment, if you'd like me to find that section. 14 THE COURT: Sure. 15 MS. RAZAVI ZAND: Oh, and, Your 16 Honor, actually, I'm sorry, special exceptions falls 17 under Civil Procedure Rule 191. There are two 18 separate sections for special exceptions. One in 19 family law. One in civil law. In family law, Your 20 Honor, it's a -- it's a may provision. In civil law 21 it's a shall provision wherein you are required to 22 file a special exception and if you don't, it's 23 waived. In family law you are not required to file 24 it along with -- I have copies of a case, Your Honor. 25 I don't know if you want to take a moment to review, 36 December 4, 2014 1 and I can provide it to opposing counsel as well. 2 You do not waive defects in pleading even up until 3 appeal at this point. 4 THE COURT: Thank you. 5 MS. RAZAVI ZAND: Your Honor, it may 6 help if you turn to the second to the last page. The 7 first paragraph starts with "Thus," and just let me 8 know when you're ready. 9 THE COURT: The first paragraph 10 starts with what? 11 MS. WICOFF: The second to the last 12 page? 13 MS. RAZAVI ZAND: The second to the 14 last page -- I'm sorry -- page 6 from the front. 15 THE COURT: Okay. 16 MS. RAZAVI ZAND: I'm sorry. The 17 pages aren't numbered, Your Honor. 18 THE COURT: No problem. I'm there. 19 MS. RAZAVI ZAND: The first paragraph 20 starts with "Thus." The second paragraph says: 21 Further, the Texas Family Code does not require a 22 special exceptions or other objections as a predicate 23 for a complaint about inadequate notice, rather it 24 requires that a specific type of notice be given in 25 enforcement and contempt motions. While Section 37 December 4, 2014 1 14.311(f) -- and, Your Honor, that section has now 2 been recodified in Texas Family Code Section 157.064 3 which is this special exceptions section. While 4 Section 14.311(f) does state that an alleged 5 contemnor may file special exceptions to a motion to 6 enforce, it does not require it, unlike Texas Rules 7 of Civil Procedure 90, which does require an 8 objection to preserve pleading defects for an appeal. 9 So, it's not required by the Court, 10 Your Honor. 11 MS. WICOFF: Judge, but more 12 importantly, what happened here was this gentleman -- 13 it's a child support. 14 THE COURT: Right. 15 MS. WICOFF: And what happened was 16 this gentleman was served with an enforcement that 17 said see attached Exhibit "A" and Exhibit "A" wasn't 18 attached. That couldn't have been cured. 19 So, for those reasons, Judge, I just 20 don't think this is -- this is not anything close to 21 what we are dealing with today. 22 MS. RAZAVI ZAND: Your Honor, that's 23 a codified section of -- it's a codified section of 24 the Code. You are absolutely not required to file 25 special exceptions to a motion for enforcement. You 38 December 4, 2014 1 do not waive it. You don't even waive it if you 2 don't file it on appeal. 3 And with regard to whether it's a 4 child support enforcement case or whether it's a 5 possession and access case or injunction case for 6 purposes of the motion for enforcement, they're all 7 motions for enforcement. 8 And, Your Honor, I even have a CLE 9 that was done by Judge Rick Ramos at the time present 10 with me here today that he also states in his CLE 11 with all the Judges at the Texas Family Conference 12 you do not have to file special exceptions prior to 13 that. 14 MS. WICOFF: With all due respect. 15 THE COURT: Hold on one second. 16 Ms. Hughes? 17 MS. WICOFF: I'm sorry. 18 MS. HUGHES: Section 157.064 of the 19 Family Code is what addresses the special exceptions. 20 THE COURT: 157 what? 21 MS. HUGHES: .064. And it just 22 discusses if they do and if one is sustained. 23 MS. WICOFF: It certainly doesn't 24 apply to a request that it be dismissed, Judge. She 25 is on ample notice of every violation that we have 39 December 4, 2014 1 set forth. 2 MS. RAZAVI ZAND: And, Your Honor, 3 that's the first prong of my argument. 4 The second prong of my argument was 5 that she is not put on notice with regard to whether 6 her right to a jury trial has been invoked. Those 7 are her due process rights. She needs to know if 8 she's going to be jailed for a consecutive amount of 9 time or a -- for the jail time to run concurrently. 10 The fine isn't even listed in the motion, Your Honor, 11 on top of the fact that the second enforcement says 12 she's going to be jailed for either 90 days but in 13 parentheses says 120 days. You can't cure those 14 types of defects on an oral motion. 15 MS. WICOFF: Judge, if we had wanted 16 to have 90 days per occurrence, it would say per 17 occurrence. It very specifically says 90 days. I 18 don't know what is not understood about that specific 19 term. It's a disingenuous argument, Your Honor. 20 THE COURT: Okay. Anything further? 21 MS. RAZAVI ZAND: She hasn't listed 22 it as civil or criminal contempt, Your Honor. If 23 they do actually run concurrent -- I'm sorry -- 24 consecutively, Your Honor, my client's rights to a 25 jury trial would be invoked. 40 December 4, 2014 1 THE COURT: Okay. After having heard 2 the oral argument before me, the Court is going to 3 deny the request to dismiss this action. However, 4 the Court, having heard your argument, perceives your 5 argument to be a special exceptions that we are now 6 having a hearing on; and with regards to the 7 exceptions that you have made, this is the following 8 ruling of the Court: With regards to Violation 1 -- 9 MS. WICOFF: I'm sorry. Which 10 contempt are we on, Judge? 11 THE COURT: We are on -- I apologize. 12 Somehow one of the contempts has moved and is hiding 13 from me. It is the -- I don't know where the other 14 one went. 15 I'm reviewing the one that is 16 September 2nd, 2014. And with regards to the 17 pleadings as to regards to Violation Number 1, the 18 Court will sustain the special exception and request 19 that, Ms. Wicoff, that you replead Violation 1 to 20 state specifically what she failed to do. 21 With regards to Violation 2, the 22 Court again will sustain that; and if you'd replead 23 stating what she failed to do. 24 With regards to Violation 3, you've 25 passed that. 41 December 4, 2014 1 With regards to Violation 4 -- and if 2 you, obviously, if you reassert 3, then in your -- 3 MS. WICOFF: And we will. 4 THE COURT: -- your new pleadings and 5 you will likely want to consult with opposing counsel 6 before you-all come back down of any issues with 7 that. 8 With regards to 4, the Court is going 9 to deny that special exception. 10 With regards to the special exception 11 asking for a specificity as to whether or not the 12 contempt sought is civil or criminal, that will be 13 sustained. 14 With regards to the request for any 15 fine amount if requesting a fine, that is sustained. 16 With regards to indicating whether or 17 not it's consecutive or concurrent, if you're asking 18 for more than -- if you're asking for jail time to be 19 ordered by this Court on more than one violation, 20 then the Court is sustaining that, and you do need to 21 tell me whether or not it is consecutive or 22 concurrent. 23 MS. WICOFF: All right, Judge. 24 THE COURT: With regards to -- and 25 that's everything regarding the first motion for 42 December 4, 2014 1 enforcement. 2 And I apologize, Ms. Wicoff, can you 3 give me the date of the second one again? 4 MS. HARRIS: 10/13. 5 MS. WICOFF: 10/13, Your Honor. 6 THE COURT: I have three motions 7 open. So, one of them somehow got lost. 8 Okay. Now back on 10/13/2014, with 9 regards to the oral motion regarding this pleading 10 that -- to dismiss this cause of action, that is 11 denied. 12 The Court, however, will interpret 13 your argument to be a special exception; and the 14 Court will make the following rulings on your special 15 exceptions. 16 With regards to Violation 1, the 17 Court will grant the special exception to Violation 1 18 as to -- as to the lack of including willfulness in 19 the violation. With regards to -- and also to the 20 place. You need to include the place of the 21 violation. With regards -- with more specificity. 22 With regards to Violation 2, that is 23 sustained as to the place of the violation and also 24 including willfulness. 25 With regards to 3, is 3 the -- 43 December 4, 2014 1 MS. WICOFF: It's the communication 2 in writing, Judge. 3 THE COURT: And you've attached the 4 writing; correct? 5 MS. WICOFF: I'm sorry? 6 THE COURT: And you attached the 7 writing, Ms. Wicoff? 8 MS. WICOFF: We did not attach the 9 writing. We're going to use it as an exhibit, Your 10 Honor. 11 THE COURT: Okay. So then with 12 regards to 3, it is sustained as to place, 13 willfulness and also -- place and willfulness. 14 With regards to 4, same thing. So 3 15 and 4 are the same. 16 Then with regards to the special 17 exception as to specifying whether it's civil or 18 criminal contempt, that's sustained. 19 If there is a fine being requested, 20 list the fine amount. That's sustained. 21 And if the jail time in this one, if 22 you're only requesting the 90 days, then the numeric 23 value that's listed needs to reflect the written 24 value; and also again let me know whether it's 25 consecutive or concurrent and also let the Respondent 44 December 4, 2014 1 know whether it's consecutive or concurrent if 2 it's -- you are requesting jail time for more than 3 one violation. 4 Okay. With that being said, now we 5 have -- 6 Let's go off the record. 7 (Discussion off the record) 8 THE COURT: Ms. Harrison, can you 9 come on up? 10 MS. HARRISON: Oh, certainly. 11 THE COURT: Thank you. 12 (Whereupon the witness was sworn to 13 re-appear by the clerk) 14 THE COURT: And, Ms. Harrison, when 15 she says "no notices," that means from this Court. 16 That doesn't mean -- perhaps you and your attorney 17 may have your own communications, but just to be 18 clear, the Court is not going to send you any further 19 notice of this hearing. 20 MS. HARRISON: Oh, sure. 21 THE COURT: Okay? 22 Okay. Then with that being said, 23 let's go ahead and address the possession and access. 24 So, that's your motion? 25 MS. HUGHES: It is. 45 December 4, 2014 1 THE COURT: So, you may proceed with 2 that and call your first witness if you're ready at 3 this time. 4 MS. HUGHES: Your Honor, mine is more 5 a -- just a presentation to the Court, if that's 6 okay. 7 THE COURT: Okay. Sure. 8 MS. HUGHES: As this Court's aware, 9 on September 3rd it entered orders that denied the 10 mom, Ms. Harrison, any possession and access with 11 both children. It's my understanding that there have 12 been several brief encounters. I've met with the 13 children, I think, at least twice now since that 14 order was entered. They would like to visit with 15 their mother. My concern is I've not had the 16 opportunity to meet with Ms. Harrison to figure out 17 what's been going on the last several months, dating 18 back to July when there was an incident. So, at this 19 time I would be requesting supervised possession and 20 access for the mom and the children until we figure 21 out what's been going on. 22 THE COURT: Okay. And have you 23 talked with the parties about what you -- how you 24 think that that could accommodate their schedules? 25 MS. HUGHES: There's a gentleman, 46 December 4, 2014 1 David Tristan -- 2 THE COURT: Okay. 3 MS. HUGHES: -- who I've used a 4 handful of times on various cases. He's usually 5 fairly flexible. Obviously I think second and fourth 6 weekends are maybe more free time with that 7 scheduling, and my experience has been he will do the 8 visits anywhere except for a parent's home. So, 9 whether it be a movie theater, the zoo, the 10 Children's Museum, the mall. His cost, if I can look 11 at my phone briefly, Your Honor -- 12 THE COURT: Sure. 13 MS. HUGHES: -- is $50 per hour with 14 a two-hour minimum. 15 THE COURT: Does that include all 16 costs? Sometimes there's travel fees and so forth in 17 addition to that. 18 MS. HUGHES: That's all that he 19 indicated when I requested what the cost was. 20 THE COURT: Okay. Anything further, 21 Ms. Hughes? 22 MS. HUGHES: No, Your Honor. 23 THE COURT: Okay. Ms. Wicoff? 24 MS. WICOFF: Yes. 25 Your Honor, we -- as I understand it, 47 December 4, 2014 1 the reason Ms. Hughes hasn't been able to meet with 2 Ms. Harrison is not because Ms. Hughes has not 3 requested it, but that Ms. Harrison has not made 4 herself available throughout this entire period of 5 time. 6 Additionally, Judge, we really are 7 not comfortable with Ms. Harrison having access at 8 this time. I do not know Mr. Tristan. I will rely 9 on Ms. Hughes' position; but certainly, Judge, 10 this -- the ruling that Judge Newey put into effect 11 was after we retrieved the children through a habeas 12 corpus. I'm very, very concerned about Ms. Harrison 13 making comments; and had you seen the exhibits today, 14 you would understand what my concerns are with regard 15 to her comments. I would hope that this gentleman 16 has the ability and is absolutely authorized if the 17 Court orders any periods of access; and if they do, I 18 would ask that it be limited to a two-hour period on 19 a second and a fourth weekend. 20 But if the Court orders any periods 21 of access, certainly this cost must be borne entirely 22 by Ms. Harrison. She created this issue. She is 23 responsible for it, and she should be paying for it. 24 She is an attorney. She is not indigent. She has 25 hired private counsel for this hearing; and, so, 48 December 4, 2014 1 Judge, I would -- I would defer. But I honestly am 2 not comfortable at this time, Judge, with 3 Ms. Harrison having access; and certainly if there is 4 any, it must be supervised and it needs to be paid 5 for by Ms. Harrison. 6 THE COURT: Okay. 7 MS. RAZAVI ZAND: Your Honor, at the 8 hearing -- prior to the September 3rd hearing my 9 client has had custody of these children. In fact, 10 she had sole custody for a period of time due to a 11 conviction of family violence; and that was a finding 12 in this court. In the summer of 2014 there was 13 another incident of family violence in front of the 14 children -- in front of one of the children. The 15 reason why they -- Mr. Harrison got custody was not 16 on the basis of a hearing. It was a default that my 17 client didn't show up to. And in that transcript, 18 the transcript, it specifically says that she's not 19 here at the hearing and that's why he's granting the 20 request that they are asking for. 21 My client has not shown to be any 22 danger to the children. She's been the primary 23 caretaker of the children. 24 With regard to funds, Your Honor, my 25 client does tutoring. Mr. Harrison has shut out my 49 December 4, 2014 1 client from any access to any finds. She paid me 2 with a credit card on a friend's card, and she does 3 not have the money to litigate this case the way 4 Mr. Harrison has done. He has spent hundreds of 5 thousands of dollars to litigate this case; and he, 6 in essence, is using the fact that he has access to 7 millions of dollars to relitigate issue after issue 8 after issue and bombarding her with litigation. It's 9 an abuse of the process, Your Honor. 10 So, as far as supervised visits, my 11 client cannot afford supervised visits, to have 12 continuing supervised visitation. The hearing that 13 they had, there was no showing that they met any 14 burden that custody should have been switched at the 15 time. It was only based on a default. 16 THE COURT: Ms. Hughes? 17 MS. HUGHES: Thank you. 18 With respect to Mr. Tristan, he 19 monitors the visits within line of sight, within 20 verbal. There's no whispers or private 21 communications permitted. 22 Judge, my concern is if visits don't 23 occur, then I'm going to reurge the designation of a 24 mental health evaluation because I don't know that 25 you can go into a trial without parents, a parent, 50 December 4, 2014 1 not having had any access to children which would 2 then be four and a half, five -- five months and 3 not -- I don't know how you can have a trial in that 4 capacity. So, if the Court's inclined to deny it, 5 I'm going to reurge; and if I have to file 6 appropriate motions, I will, on the mental health 7 evaluation. 8 THE COURT: Okay. Ms. Wicoff? 9 MS. WICOFF: Judge, if I may just 10 state, first of all -- and I cannot let what opposing 11 counsel who has been on the case for 36 years -- 36 12 months -- days -- 13 MS. RAZAVI ZAND: Hours. 14 MS. WICOFF: -- hours, I guess, as 15 opposed to the case that I've been on for eight 16 years, I cannot let her misstatements go by. 17 Her suggestion that Mr. Harrison has 18 millions is so ludicrous I can't -- I can barely 19 contain myself. The gentleman owes our firm 20 $180,000. I am here because I believe in his cause 21 and because I will work with him until the end of the 22 earth to do what I think is appropriate. 23 Ms. Harrison has caused since we had 24 a Mediated Settlement Agreement that she violated in 25 January that resulted in Mr. Harrison incurring 51 December 4, 2014 1 $98,000 in fees since January, it is her doing. She 2 is a licensed lawyer. I don't care whether she 3 tutors or whatever else she does. She has the 4 ability to do something other than create total 5 unequivocated havoc in this litigation. 6 And if she wants to see these 7 children after what she did -- and they say it was a 8 default. She was sworn to return. She elected not 9 to show up. So, Judge, the reality of it is I 10 apologize to opposing counsel, but she doesn't know 11 what she's talking about. That's the bottom line. 12 The fact is she didn't appear. She had the ability 13 to appear. She had an attorney there who told the 14 Court -- and it's in the transcript -- that he had 15 not been authorized by Ms. Harrison to say anything. 16 So, Judge, if she wants to see the 17 children, she needs to come up with the funds to do 18 so. 19 MS. RAZAVI ZAND: And with regards to 20 my client not showing to that hearing, Your Honor, 21 that was on the advice of a criminal defense 22 attorney. For whatever reason, her attorney at the 23 time advised her to go to a criminal defense attorney 24 on a motion for enforcement; and that criminal 25 defense attorney advised her not to show to that 52 December 4, 2014 1 trial occurrence. 2 THE COURT: Okay. 3 MS. RAZAVI ZAND: Don't ask me why. 4 THE COURT: After having heard the 5 argument before me on Ms. Hughes' motion for 6 possession and access, the Court will grant 7 supervised possession and access to occur according 8 to Mr. Tristan's availability on the second and 9 fourth Saturdays of each month through the trial 10 setting in January. And the periods will be for two 11 hours, and Mr. Tristan will have the ability to 12 terminate the period of possession and access if he 13 feels that the visitation is inappropriate or the 14 actions during the visitation are inappropriate. 15 Accordingly, Mr. Harrison, you're 16 ordered to comply with and cooperate with 17 Mr. Tristan's availability and scheduling and to make 18 the children available on those Saturdays as 19 designated by Mr. Tristan. 20 MS. HUGHES: And, Your Honor, to 21 clarify, you said on the second and fourth Saturdays, 22 but do you mean -- 23 THE COURT: Correct. 24 MS. HUGHES: -- the Saturdays that 25 follow the second and fourth Fridays? 53 December 4, 2014 1 THE COURT: Yes. 2 MS. HUGHES: Okay. I just wanted 3 to -- 4 THE COURT: Yes. 5 MS. HUGHES: It's a little dicey. 6 THE COURT: I'm being lazy. 7 MS. HUGHES: No, you're not. 8 THE COURT: But, yes. 9 MS. WICOFF: And the costs, Your 10 Honor? 11 THE COURT: Yes. And the costs are 12 going to be bore by the -- by Ms. Harrison 13 100 percent, and they will be payable to Mr. Tristan 14 according to his instructions. If he requests to be 15 paid at the beginning of each visitation, then you're 16 going to have to adhere to whatever instructions he 17 provides to you. If he wants payment in money order, 18 down to the finite details, those will be pursuant to 19 his instructions. 20 Anything further? 21 MS. RAZAVI ZAND: Nothing further, 22 Your Honor. 23 THE COURT: Ms. Hughes? 24 MS. HUGHES: No, Your Honor. I think 25 that addresses it. 54 December 4, 2014 1 MS. WICOFF: I believe that's it, 2 Judge, yes. 3 THE COURT: Okay. Then you-all are 4 excused. Thank you for working through your lunch 5 hour so I could get y'all heard. 6 (Conclusion of proceedings) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 December 4, 2014 1 STATE OF TEXAS 2 COUNTY OF HARRIS 3 I, Marilee M. Anderson, Official Court Reporter 4 in and for the 311th District Court of Harris County, 5 State of Texas, do hereby certify that the above and 6 foregoing contains a true and correct transcription 7 of all portions of evidence and other proceedings 8 requested in writing by counsel for the parties to be 9 included in this volume of the Reporter's Record in 10 the above-styled and numbered cause, all of which 11 occurred in open court or in chambers and were 12 reported by me. 13 I further certify that this Reporter's Record of 14 the proceedings truly and correctly reflects the 15 exhibits, if any, offered by the respective parties. 16 I further certify that the total cost for the 17 preparation of this Reporter's Record is $ and 18 was paid/will be paid by . 19 WITNESS MY HAND this the ____________ day of __________________________, 2014. 20 21 22 Marilee M. Anderson, CSR Texas CSR 3271 23 Official Court Reporter 311th District Court 24 1115 Congress, 7th Floor Houston, Texas 77002 25 Telephone: (713) 755-2966 Expiration: 12/31/2014 9/2/2014 1:29:30 PM Chris Daniel - District Clerk Harris County Envelope No. 2346571 By: Anais Aguirre k ler tC ric ist lD nie Da is hr C of e ffic yO op C ial fic of Un TAB #3 Un of fic ial C op yO ffic e of C hr is Da nie lD ist rict C ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k TAB #4 12/8/20144:45:58 PM Chris Daniel - District Clerk Harris County Envelope No. 3416430 By: rochele Howard Filed: 12/8/20144:45:58 PM CAUSENO. 2006-68864 IN THE MATIER OF § IN THE DISTRICTCOURT OF THE MARRIAGE OF § § CLIFFORDLAYNE HARRISON § AND § CONNIE VASQUEZ HARRISON § HARRIS COUNTY, T E X A S § AND IN THE INTERESTOF § JOHN ERNESTLEEHARRISON, II AND § VICTORIA MADELINE HARRISON § CHILDREN § 311TH JUDICIAL DISTRICT FIRSTAMENDED MOTION FOR ENFORCEMENTOF POSSESIONAND ACCESS AND ORDERTO APPEAR COMES NOW, CLIFFORD LAYNE HARRISON, Movant in the above entitled and numbered cause and files this First Amended Motion for Enforcement of Possession and Access and Order to Appear. 1. Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Movant, CLIFFORDLAYNE HARRISON is the father and temporary sole managing conservator of the two children subjects of this suit. The last three numbers of CLIFFORD LAYNE HARRISON's Texas driver's license number are 572. The last three numbers of CLIFFORD LAYNE HARRISON's Federal Social Security number are 717. 3. The two children subjects of this suit are: Name: JOHN ERNESTLEEHARRISON, II Sex: Male Birth date: September 2, 2000 Name: VICTORIA MADELINE HARRISON Sex: Female Birth date: July 27, 2004 4. This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. 1 Page 1 of 10 TAB #5 5. The parties entitled to notice are as follows: Respondent, CONNIE VASQUEZ HARRISON, is the mother and temporary possessory conservator of the two minor children subjects of this suit. Respondent was administered the oath by the Court and ORDERED to re-appear on December 18, 2014 at 9:00 a.m., to respond to (Petitioner's) First Amended Motion for Enforcement of Possession or Access and Order to Appear, and notice of this amended enforcement action to Respondent shall be pursuant to Rule 21a of the Texas Rules of Civil Procedure, by and through her attorney of record, Sara Razavi Zand, 2118 Smith St., Houston, Texas 77002. 6. Case History- This divorce action was filed in 2006. After numerous continuances, resets, and Respondent's changes in counsel (approximately 9 at the time of trial), this case was tried to a jury beginning in March 2010 and ending in April 2010. The Court signed a decree in June 2010. Respondent appealed the final order in September 2010. In December 2012, the 14th Court of Appeals reversed and remanded the case to the trial court for a new trial, with the exception that the 14th Court of Appeals affirmed the divorce between the parties as of June 2010. Again, this case was preferentially set for trial a number of times in 2013 and into the beginning of 2014. Pursuant to court order, the parties participated in mediation and signed a mediated settlement agreement in January 2014. In April 2014, the Court signed an order to comport with the mediated settlement agreement. 7. This matter has resulted in multiple orders and a mediated settlement agreement, therefore Movant lists the orders and the agreement affecting this Motion for Enforcement in chronological order: a. The "Interim Agreed Order" (April 10, 2014 - present) On April 10, 2014 in Cause No. 2006-68864, styled "In the Matter of the Marriage of Clifford Layne Harrison and Connie Vasquez Harrison," In the 311th District Court of Harris County, this Court Signed an Interim Agreed Order on Parent-Child Issues (a copy is attached 840266.1 Page of10 hereto as Exhibit A and is incorporated by referenced as if fully set forth herein) that states in relevant part as follows: Pages 6-7, 24 "Possessionand Access 1. Modified Possession Order IT IS ORDERED that each conservator shall comply with all terms and conditions of this Modified Possession Order. IT IS ORDERED that this Modified Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Modified Possession Order. IT IS, THEREFORE,ORDERED: (a) Definitions 1. In this Modified Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides. 2. In this Modified Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. (b) Mutual Agreement or Specified Terms for Possession IT IS ORDEREDthat the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, IT IS ORDEREDthat the conservators shall have possession of the child under the specified terms set out in this Modified Possession Order. (c) Parents Who Reside 100 Miles or Less Apart Except as otherwise expressly provided in this Modified Possession Order, when CLIFFORD LAYNE HARRISON resides 100 miles or less from the primary residence of the child, CLIFFORDLAYNE HARRISON shall have the right to possession of the child as follows: 1. Weekends - On weekends that occur during the regular school term, beginning at 840266.1 Page 3 of 10 the time the child's school is dismissed, on the first, third, and fifth Friday of each month and ending at the time the child's school resumes after the weekend. On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. 2. Weekend Possession Extended by a Holiday- Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by CLIFFORDLAYNE HARRISON begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term; as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at the time the child's school is dismissed on the Thursday immediately preceding the student holiday or teacher in-service day and 6:00 p.m. on the Thursday immediately preceding the federal, state, or local holiday during the summer months. Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by CLIFFORDLAYNE HARRISON ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3. Mondays - On Mondays following the 1st and 3rd Fridays of each month during the regular school term, beginning at the time the child's school is dismissed and ending at the time the child's school resumes on the following Tuesday. 4. Thursdays - On Thursdays of each week during the regular school term, beginning at the time the child is dismissed from school and ending at the time the child is returned to school after that Thursday. Permanent Injunctions as to Persons The Court finds that, because of the conduct of CLIFFORD LAYNE HARRISON and CONNIE VASQUEZ HARRISON, a permanent injunction against 840266.1 Page 4 of 10 them should be granted as appropriate relief because there is no adequate remedy at law. The permanent injunction granted below shall be effective immediately and shall be binding on CLIFFORD LAYNE HARRISON and CONNIE VASQUEZ HARRISON; on their agents, servants, employees, and attorneys; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. IT IS ORDERED AND DECREEDthat CLIFFORD LAYNE HARRISON and CONNIE VASQUEZ HARRISON are permanently enjoined from: 2. Discussing this divorce litigation, or any issues surrounding this litigation with the parties' children; and" b. The "Additionai Temporary Orders" (May 30, 2014 - present) On May 30, 2014 in Cause No. 2006-68864, styled "In the Matter of the Marriage of Clifford Layne Harrison and Connie Vasquez Harrison," In the 311th District Court of Harris County, this Court signed Additional Temporary Orders (a copy is attached hereto as Exhibit B and is incorporated by referenced as if fully set forth herein) that states in relevant part as follows: Pages 2 "Order of the Court The Court, having heard the evidence and argument of counset makes the following order: IT IS ORDEREDthat CLIFFORDLAYNE HARRISON shall have the right to pursue enrolling the children into First Baptist Academy which pursuit shall be uninterrupted by CONNIE VASQUEZHARRISON. IT IS ORDEREDthat CONNIE VASQUEZHARRISON is immediately enjoined from communicating in any manner with any teacher or other personnel at First Baptist Academy until further order of this Court. IT IS ORDERED that in the event the children do not attend First Baptist Academy then, and in that event, the children shall attend the public schools to which CLIFFORD LAYNE HARRISON's residence is zoned, te, Briargrove Elementary and Grady Middle School." 840266.1 Page 5 of 10 Movant was the Petitioner and Respondent was the Respondent in the prior proceedings. 8. Violations Respondent has failed to comply with the orders described above as follows: Relating to the terms and I)rovisfons of the interim Agreed Order - Violation No.1: On or about July 28, 2014, CONNIE VASQUEZ HARRISON willfully and intentionally violated the order of this Court wherein the parties are permanently enjoined from "Discussing this divorce litigation, or any issues surrounding this litigation with the parties' children" when she communicated with JOHN ERNEST LEE HARRISON, 1/ regarding aspects of the litigation between the parties and speciftcallv by providing to JOHN ERNEST LEE HARRISON, If copies of witness statements for the child to review, all as is reflected in the attached Exhibit C which is incorporated herein and is specifically set forth as follows: "Dear Dad The reason that , have not called or texted is because of what happened last Sunday after Ihad left/or camp when you came to the house. Because 0/ what happened Victoria is traumatized and Mommy is very hurt and has had to go to the doctor many times. } haveread witness statements and know what happened. I need more time to think about what happened be/ore I go over there again and I don't want Victoria to go over there without me and noting like this can ever again you can never hurt mommy again. From John July 28, 2014. (highlighting added) Violation No.2: On August 15, 2014, at 6:00 p.m., CLIFFORDLAYNE HARRISON arrived at the residence of CONNIEVASQUEZHARRISON,9627 Judalon, Houston, Texas to pick up JOHN ERNEST LEE HARRISON, II and VICTORIA MADELINE HARRISON, for his weekend period of possession and was denied such right to pick up the children by CONNIE VASQUEZ HARRISON. CONNIE VASQUEZ HARRISON violated the order of the Court by intentionally and willfully failing to surrender the children CLIFFORD LAYNE HARRISONat the time and place he was entitled to possession, that being at 6:00 p.m. on August 15, 2014 at the residence of CONNIEVASQUEZHARRISON. 840266.1 Page 6 of 10 ~--~--~---~----------------- Violation No.3: On August 28, 2014, CLIFFORD LAYNE HARRISON arrived at Briargrove Elementary at 6145 San Felipe, Houston, Texas, at approximately 2:45 p.rn., at the time the child's school is regularly dismissed, and was denied his designated period of possession and access with VICTORIA MADELINE HARRISON as a result of the willful and intentional violation of CONNIE VASQUEZ HARRISON. Thereafter, on August 28, 2014, CLIFFORDLAYNE HARRISON arrived at Grady Middle Schaal, 5215 San Felipe, Houston, Texas, at approximately 3:30 p.m., at the time the child's school is regularly dismissed, and was denied his designated period of possession and access with JOHN ERNEST LEE HARRISON, 1/ as a result of the willful and intentional violation of CONNIE VASQUEZ HARRISON. CONNIE VASQUEZ HARRISON willfully and intentionally violated the order of this Court by failing to surrender both children to' CLIFFORDLAYNE HARRISON at the children's respective schools an August 28, 2014; thereby denying CLIFFORD LAYNE HARRISON the right to pick up the children fram school and exercising his designated periods of possession and access with the children. Relating to the terms and I;1;rovisionsof the Additional Temporary Orders Violation No.4: CONNIEVASQUEZHARRISONhas intentionally and willfully failed to adhere to the court's order pertaining to' the children's enrallment in schoo I. On or about August 11, 2014, CONNIE VASQUEZ HARRISON intentionally and willfully violated the order of this Court by enrolling JOHN ERNEST LEE HARRISON, II in Spring Branch Middle School. This Court specifically ordered that JOHN ERNEST LEE HARRISON, /I be enrolled in the school zoned far CLIFFORDLAYNE HARRISON's residence, that being Grady Middle School within the Houston Independent School District. CONNIE VASQUEZ HARRISON, withaut the agreement, consent or knawiedge of CLIFFORD LAYNEHARRISON, or further order of the Court enrolled JOHN ERNEST LEE HARRISON, 1/ in Spring Branch Middle Schaal, in the Spring Branch Independent School district, and not Grady Middle School, which is a vialation of this Court's order. 9. Criminal Contempt Mavant requests that far each violation alleged above, Respondent be found and held in criminal contempt, confined in the county jail of Harris Caunty, Texas for a perlod of 120 days far each separate violation, and that each periad of canfinement run cancurrently. Movant Request that for each vialation alleged above, Respondent be found and held in criminal contempt, and fined a monetary penalty far each separate violatian, not to exceed a total of $500. 10. Mavant requests that, if the Court finds that any part of the order sought to' be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to camply. 7of10 11. On repeated occasions, Respondent has failed to comply with the order of the Court by failing to surrender or return the children to CLIFFORD LAYNE HARRISON, or intentionally interfering with designated periods of possession and access with the children and CLIFFORD LAYNE HARRISON as ordered. Specifically, Movant has previously filed enforcement actions against CONNIE VASQUEZ HARRISON for similar conduct of denying periods of possession and access to the children. The two (2) prior actions were brought on or about November 15, 2011 and on August 28, 2012. Further, a third enforcement is set to be heard on September 3, 2014. The filing of this enforcement action will be CLIFFORD LAYNE HARRISON's fourth request for enforcement due to CONNIE VASQUEZ HARRISON's failure to follow this Court's orders and the intentional, willful denial of access between Movant and the children. 12. It was necessary to secure the services of Patricia A. Wicoff and Amy R. Harris, licensed attorneys, and the law firm of Schlanger, Silver, Borg & Paine, LLP, to enforce and protect the rights of Clifford layne Harrison and the children the subject of this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney's own name. Enforcement of the order is necessary to ensure the children's physical or emotional health or welfare. The attorney's fees and costs should be enforced by any means available for the enforcement of child support including contempt but not including income withholding. Movant requests post judgment interest as allowed by law. Movant prays that Respondent be held in criminal contempt and punished as requested, that the Court clarify any part of its prior order found not to be specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law. Respectfully submitted, PATRICIAA. WICOFF State Bar No. 21422500 AMY R. HARRIS State Bar No. 24041057 Attorneys for Petitioner, Cliff Harrison 109 North Post Oak lane, Suite 300 Houston, Texas 77024 Telephone: (713) 735-8514 Facsimile: (713) 351-4514 pwicoff@ssbplaw.com (Non-service emails) aharris@ssbplaw.com (Non-service emails) famlawservice@ssbplaw.com (EmaiJservice only) 840266.1 Page 8 of 10 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with Rule 21a of the Texas Rules of Civil Procedure on December 8,2014: Ms. Sara Razavi Zand LAW OFFICE OF SARA RAZAVI RAND via electronic mail 2118 Smith St. Houston, Texas 77002 Patricia A. Wicoff Amy R. Harris Attorneys for Petitioner 840266.1 Page 9 of 10 .......•...•.. .., Chris Danle' Dlatrlct Clerk APR 10 CAUSENO. 2006-68864 IN THE MAnER OF I THE MARRIAGE OF I § CUFfORO LAYNE HARRISON § AND I CONNIE VASQUEZHARRISOII I HARRIS COUNTY, T EXA S I AND IN THE INTEREST OF I JOHN ERNEST LEE HARRISON, II AND § VlCfOlUA HARRISON I IA/ I 311TH JUDICIALDISTRICr l~ J MREEDOD,E!'; ON PAREftT-a,tUOI5SUES b. On January 29f2014t dtepartieSttl J!lto,,! ..~.tectSettlement~Aareement··' -r8Olvitl.panmr-ddlcniiUii"'.;"ffi'efiiirift case. AlthO•• tile .amant Is effedIve beglnni •• n•• .., 29, 20141 and.aUbe Incorporated Into the partie( fl.naJorder folio_I a flnat trial on the divlston of propertj, tltls agreement shalllJe ttlf~ on Its own terms· unleS$.modlfted. Therefore, this aareed order on parent-ch1ld Issues Is submitted to the Court for consideration and entry. Petitioner, aJFFORD lAYNE HARRISON, did not appear In person but has aareed to the terlN of this order IS evidenced bV Petitioner's slpature II1d that of his attorneys, PatrJda A. Wlcoff and Amy R. Harris. Respondent, CONNIE VASQUEZHARRISON,dJd not IJ)pear In person but has agreed to the terms of this order as evidenced by Respondent's sIInature and that of her attorney, Christopher W. Martin. The Amicus Attorney, Heather Hushes, did not .ppeellr but has agreed to the terms of this order as evidenced by her sl••• ture. JllI'IMJIctlon The CCJUrt after examining the record and the apement of the parties and beatinS the evidence and argument of counSl~ finds that all necessary prerequlsJtes of the law have been lepUV satisfied and that the Court has Jurisdiction of this case and of all the parties. 71923!J.1 P.lof25 EXHIBIT A ChHd,." The following ordeB are for the safety and welfare and In the best Interest of the folioMns children: Name: JOHN ERNEST LEE HARRJSON, " Sex: MtIe Birth date: September 2, 2000 Home state: Texas Name: VICTORIA MADELINE HARRISON Se,,: Female BIrth elate: JulV 27, 2004 Home state: Texas rr IS ORDERm that CUffORD LAYNE HARRISON and CDNNlE VASQUEZ HARRISON are appointed Joint Managing Conservators of JOHN ERNEST LEE HARRISON, II and VICTORIA MADELINE HARRISON. Iflghts ofPqr!lJt CoIUI!IV!ItDt! etAiI TImes IT IS ORDERED that, at all times, ClFFORD LAYNE HARRISON and CONNIE VASQUEZ HARRISON, as parent joint manaams conservators, shaJJ each have the foJlowina rIIhts: 1. the rflht to receive information from Inv other conservator of the dlUdran concern.n. the health, education, and welfare of the children; 2. the right to confer with the other parent to the extent possible before maldn, a decision concernfngthe health, education, and welfare of the children; 3. the rlaht of access to medlca~ dental, psycholoalcal, and educational records of the children; 4. the light to consult with a physician, dentist, or psycholoaJst of the dliidreni 5. the risht to consult with school offIdaJs concemtn8 the cblldren's welfare and educational status, Jncludlng schoot activities; 6. the right to attend school actlvftles; 7. the rraht to be designated on the children's records as a person to be notified In 719239.1 case of an emergency; 8. the rllht to consent to medical, dental, and surlleal treatment durJn& an emerpncv involvtna an Immediate danaer to the health and safety of the children; and 9. the ri&ht to manage the estates of the children to the extent the estates have been created by the parent or the parent's family. IT IS ORDERED that, at all times, CUFFORD lAYNE HARRISON and CONNIEVASQUEZ HARRISON, as parent Joint managlns conservators, shall each have the foIlowIn&duties: 1. the duty to Inform the other conservator of the children In a timely manner of significant infonnatJon concemlnl the health, education, and welfare oftha children; and 2. the dutyto Informthe other anatDtar~Qf.the...ddldren.,I·ttt..~ot ,'.". resIdes wlthfOTiUiiit BtTitfaijS;'m'iiriii;-;r lntndsto mat1V a peI$On whothe ~ knOW$isrq"rldasa •• offeader undermapter Q of the Code ofQ1mJnal Prot:eduM otis Qlnutly charpd with an offense for Ytilidi on conviction the penon would be required to •.••• erundw that chapter. If IS OlIlERiD.that this information .shIft be tendered In the form of a notice made as soon 85 Practicable" but not late, than the fortieth day after the date the conservator of the chtldren beams to resfde with the person or on the tenth day al'terthe date tbe marriageOCCUtS, as appropriate. IT IS eROdED that the notk:e must fndudta description of the offense that Is the bMb of the person's requtrement to ._ •• a sex offender or of tlJeoffeme with which the jflt$Qt\ is dtaqed. WMfIIN9; A fdIMIVIIQI r.PMIBD.al maMifllllWl.aMat;:lMl'MllD.IWIQBff lHI9MlBYAmBFWmllCMDI TH§14ang. Iwa_lIIII!fIo(f'II!Id~"'.lKfIIlIgff'lllRltlr ITIS ORDEREDthat, durinltheJr periods of possessfon tUFFORD LA.E HARRISONand CONNIE "ASQUEZ HARRISON,as parent Joint manallnl conservators, sha" each have the following rlgh1sand duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the chOdr.n, Includ'ng providfnl the children with dothlns, food. shelter, and medical and dental care not .nvoMnl an invasive procedure; 3. the f18htto consent for the childrento medical and dental care not tnvolvina an Invasive procedure; and 4. the rlsht to dIrect the moral and reValoustralnln, of the children. 119239.1 '.30125 IT IS ORDERED that CONNIE VASQUEZHARRISON, as a parent joint man'llns conservator, shall have the foRowlng rf&htsand duty: 1. the excluslve rlSht to desisnate the primary residence of the children within Harris CDunty, Texas; 2. the Joint right, subject to the 881'eement of the other party, to consent to medical, denta~ Ind sqtlll treatment InvaMnl invasive procedures: IT IS OROERED that Dr. Nicholas Undsay shall remain the children's primary care pedlatrldan. 3. the joint rlsht, subJect to the .,reement of the other party, to consent to psychiatric and psychol~gi~l..~tm~J.JJ.tthe ..chlldren .and·tn -the event the parties cannot agree then the 'ChIldren's primary care pediatriclln, Dr. NIcholas Undsity, shall make the tlnal dedslon; 4. the exduslve right to receive and give. receipt for periodic payments for the support of the chHdren and to hold or diSburse these fuRdsfor the benefit of the children; 5. the joint rlsht, subject to the agreement of the other party, to represent the chUdren In lepl action and to make ather declsfons of subJtantialleaal sllnlficance conc:emin8 the children; 6. the Joint right. subject • the aareement of 1he other party, to consent to ",am. and to enJfstment Inthe armed forces oftfte United States; 7. the exclusive rlaht to make decIsions concerning 1ha chftdren's education, subject to the following provision reprdlna Second Baptist School; IT 15 ORDEREDthat JOHN ERNEST LEE HARRISON, 1/ and VICTORIA MAOEUNE HARRISON shalf continue to attend Second Baptist School 15 long 15 QJFFORD lAYNE HARRISONpays the annual tuition, Incrud'nlother required costs, for the children to attend. 8. except as provided by section 264.0111of the Texas FamilyCode, the Joint rlaht, subject to the agreement of the other party, to the services and eamlnas of tite children; 9. except when a 8uardJan of the chHdren's este_ or • guardian or attorney ad litem has been appointed for the chUdren, the Joint ,lSht, subject to the aareement of the other party, to act as an aaent of the chHdren In relation to the children's estates If the chlldren's action is required by a state, the United states, or a foreign government; and 719239.1 Pap 4 0125 II,.,gmI DutIa fllClJFFOBD lAl'lIEHNlBJSQN ITISORDEREDthat ClIFfORDlAYNE HARRISON,as a parent temporary joint manallna conservator, shall have the following rtchts and duty: 1. the iolnt rfaht, subject to the a.,.eement of the other party, to consent to medical, dental, and surglcaI treatment Involvinginvasive procedures; rr IS ORDEREDthat Dr. Nicholas Undsay shaJl remain the children's primary care pediatrician. 2. the joint rIsbt,subjett to tile apement of the other party, to consent to ,sychfltrfcand ~okJ.caI treatment of the children and fnthe event the parties cannot a.ee tbenthe children's primary are pediatrfdan, Dr. Hiett•• Undsay. shaH make the final decision; 3. the apementd th"~~;U;~;";;rtV~~;; Jointricht;iUbj8i:f tO~the r~~~~";h~"'" children In lepl action and to make other dedsJons of substantial lepl sfsnlftcance cancern'n! the children; 4. the joint "&ht, subject to the agreement of the other party, to consent to marriage Ind to enlistment in the armed forces afthe United States: S. except as pravlded by section 264.OlU of the Texas FamUyCode, the lolnt rfght" subject to the apement of the other party, to the services and eamfnp afthe children; 6. except when., cuardlan of the chUdrenls estates or a auardfan or attorney ad 'ltem has been appointed far 1M chUdren, the joint rfpt, subject to the agreement ofthe other party, to act as an aaent of the children In relation to the chlIdren's estates if the children's adlon is required by a state, the United states, or a forelan sovemmenti and The Coun finds that, In accordance with sedfon 153.081 of the Texas FamilyCode, It fs the pubUe polley of TeXIS to assure that children WIllhave frequent and contfnulna contact wfth parents who have shown the ability to let In the best interest of the .lId,.to provide a safe, stable, and nonViolent environment for the child, and to encourage parents to share In the rlihts and duties of raising their child after the parents hM separated o.r d'.!wId theIr miff;._ iT IS ORDEREDthat the prJmarv residence of the children shall be HIff'Is County, Texas, and the parties shaH not remove the children from Hanis CoIntvl Tmcu for the purpose of chanalnS the primary residence of the children until modified by further arder of the court of continufnajurlsdictlon or by Wlftten asreament slaned bvthe parties and tiled with tile court. 119239.1 P.eSof25 ------- IT IS FURTHERORDEREDthat CONNI£ VASQUEZ HARRISON shall have the exclusive risht to designate the children's primary residence within Harris County, Texas. IT 15 FURTtfER ORDERED that this pDlflPhlc restrlctfon on the residence of the children shall be lifted If CUFFORDLAYNEHARRISONwishes to move outsIde of Harris County, Texas. 1. ModijIed PossessIon order IT '5 ORDEREDthat each conservator shall £amply with all terms and conditions of this Modified Possession Order. ITIS ORD£REDthat this Modified Possession Order Is date the Court _5 effective Immedlate'yand appftu to aI!periods of possession oecum,. on al'ld Ifter the this Modified Possession Order. IT 1$,THEREFORE,ORDERED: 1. In thIs Modlfted Possession Order IIschool" means the primary or secondary school In which the cblld Is enrolled or, if the child Is not enrolled in a primary or secondary schooL the public school district In which the child primarily resides. 2. rn this Modmed Possession Order ItchUd" Indudes each chtld, '5 whether one or more, who is • subject of this suit white that child under the ase of eighteen years and not otherwise emanc;lpated. (bJ Mutual Aareement or Specified Terms for Possession IT ISORDEREDthat the conservators shan have possession oftlte child at times mutuallY .greed to In advance by the parties, and, In the absence of mutual agreement, IT ISORDEREDthat the conservators shall have possessfon of the chUd under the spedfted terms set out In this Modified Possession Order. (e) 'arents Who Reside100 Miles or LessApart Except IS otherwise expressly provided In this Modified Possession Order, when QJFFORD lAYNE HARRISON resfdes 100 miles or less from the prJmarv residence of the child, CUFFORDlAYNE HARRISON shall have the risht to possession of the child as follows: 1. Weekends- On weekends that occur durin. the rqular schaol term, beamnilll at the 119239.1 P.6af2S time th&dtnd-ls-sdtOGllSdlsmi5Sd, on the f.rit, third, and-fifth Frida-j of each month and ending at the time the chQdlsschool resumes after the weekend. On weekends that do not occur during the rel'''ar schoDI term, beglnnlnl at 6:00 p.m., on the flrst8 third, and flftII Friday of each month and ending at 6:00 p.m. on the foJJowinlSunday. 2. Weekend Possession Extended by a HoIIday- Except as otherwise expressly provided in this Modified Possession Order, if a weaJcend period of possession by CLIFFORD LAYNE HARRISONIle&Ins on a student hobdayor a teadterln ..leNice day thlt falls; on a Friday "riAl the t", schoolterm,. determined by thesdlooJ In whiCh the dtlld Is enroftd, or a federa.l, sta~ or 10=1 hellda-I t.•••t falls on •• Frida'; durlnl lite summer months when sdloolls not In __ , that weekend period of posseSSion shall besin at the time the mIld's sdt-is dismlsHd On the 1'humlay immediately precedinathe..• ~~.~~.J~r ..~J~!"~,.4~YJ~rnt G~,R·md,a:tthe. 'TlMSday Imm•• latel, pfecedina the federal, state, or Iocalhotklay dun ••• the summer months. Except as otherwise expressly provided In this Modified P05Sl!ssion Order, If a weekend period of possession by a.IFFORD LAYNE HARRISON ends on or Is Immedlatel, followed by II ltUdentholid'ay or ••teacher .~ day that falls on •• Monday dudnsthe r.tar schaol tenn, •• chrtermlneclby tile sdtool In whidt the dtfld Is enrolled, or it federa~ state, or (_.holiday that fan, on Ii Monday GiBing the summer months when sdtcot Is not In sessIon, that weekend period. ofposse$$ion.sbaU _at 6:00p.m.on that Monday. B. Mondays - On Mondavs folJowlna the 1st and ard Fridays of each month durinl the reaul. sthoot term, begInning at the time the chlldls school is dismissed and endlnl at the time the dlilers school resumes on the followIng Tuesday. 4. Thursdays- On Thursdavs of 81th week durinl the regular .school term, bellnnl", at the time the child Is dismissed from school and ending at the time the child Is returned to school tt\e fallewlns ••••rnilli."'''' """of ~~. 5. Spring Vacation In Even-Numbered Years - In even-numbered years, bqlnnlng at the time the child's school Is dismissed for the school·s sprins vacation and endlnl at &:00 p.m. on the day before school resumes after that vacatIon. 719239.1 ' ••• 7of25 6. Extended Summer Possession by CUfFORD lAYNE HARRISON - With WrMeti Notice by Aprill. .• tf a.rmJRD LAYWIHMRfSON _- CONNIE VASQUEZ MRtUSON written notlceby Aprfl1 of a yur speclfylna an extended plt'ksG Of' •• lads of summit' possession for that year, CUFfQRD LA_HARRISON $balihave posessJon of the chUd for thll'tV daV$ be.nlnl M earBer thin the day after thethlkt's atboolls dlsmlssed for the sumn'ler vaQJtlon and· e.,dlng DOlatar than seven days before school resumes It the_ of the IUmmll' vacattonlft that year, to be exerasedln no more thin two sepame periods of It leut ••• consecutive days each ••with each period of ~ton bealnAfnaand emllnl at ,:CO p.man each appI.alhre .,.specIfied In the written notice. Tltese periods of posse$sioJt sbalbegln and end at ':00 p.m. on each a_table ctav. Without Written Notice by Aprd 1 ••If CUFfClO LAYNE IIARRfSON does notal- CO,.. VASQUEZIfARRISONwritten notice by AprU l. of a yelr spedfVIne an exten~ perlod.OI' parted,of summer p'-on·for that year, QlFfOftO LAYNE HARR1SON shall have possasfon oftha chlld for thirty. ~tive days In that yearbqlnnlnl at 6:OOp,m. on July 1_ end •.•••at 1:00 p.m.onJulv a1. M.~\ NotwltbJtandJn, tht4T1tursay perlGds ofposs85lion durina thereplar school term. the weetcend perIods of poumlon ORDSIED for CUffORD lAYNE tfARRlSON, it Is expressly OIUlllED that CONNIE VASQUU HARRISON shall have a superior rfaMof possemon of the ddtct as W..(W$! 1. Sprinl Vacatfonfn OdHumbertdYears ••In odcklumber. years, beginnlna It the time the thM·s _cd Is dismissed for tfte scPool's .sprina vacation and endfng at 6:00 p.m. on. the cia, before school...,,,. •••• that vacatton. 2. Summer Weekend Posse.ssfon. by CONNIE VASQUEZ HARRISON - ,fCONflEVASQUUNARIUSONgi. CUFFORD LAYNE HARRISON written notice D, AprIlS of a yearl CONNIEVASQUEZ HARRISONshall have possession of the dtiWon .ny one weekend _innfn& at 6:00 p.m. on Friday and ending at 6:00 p.m. on tile foIlowfnlSUnday durlns: any one period of the extended summer posseHfcm byCUFFOlD lAYNEHAIR50Nin that year, provided that CONNIE VASQUEZ HAlfUSON pkk$ up the child from QJFFORD lAYNE HARRISON and returns the dtild to that same place and that the weekend so designated does not Interfere with fathers Dav possession. 3. Extended Summer Possessfon by CONNIE VASQUEZHA.I5ON ·If CONNIEVASQUEZ HARRISON lives QlFfORD LAYNEHMRISON written notIce by AprfilS of a year or lIVes CUFfORD LAYNE HARRISON fourteen days· written 719239.1 pqe 8of25 notke em Of .r AprIl 16 of· a year, CON. YASQUG HARIUSON may cr._e OM~. bqtnnins.no Grftertha" the davaftetthe chUd·,school IS drsmlaad for the summer vacatiOn and endlnt no laterthu sewn days Wore sdaool resumes at the· end of the iUmmer vacatfon, durinl which an otherwise scheduled weekend period of possession by CLIFfORD lAYNE HAMISON shall not take place In that year, provided that the weekend so destsnated does not Interfere with aJFFORD lAYNE HARRISON's period or pertods of extended summer possession or with Father's Day possession. (d) Parents Who Reside More Than 100 Miles Apart Except as othelWtse expressly provided in this Madlfled Possession Order, when QJFFORD lAYNE HARRISON resides more than 100 mUes from the residence of the dliId~ aJFFORD LAYNEHAIllSON shall have the possession of the child as follows: to ".,.t 1. W.~, UnJe$5....CUFfOROlA.E·HARftISQN ·eledJthe alternative period of 'WH1cend ~ describedJn. the next .~ CUFFORDIAYNEHAIRISCH ••• have Ute rlIbt to po._ion of the child 1m weekends that occur durma the regular sd1ooItenn, bqJnnlna at the tlmetfle child's school Is dismissed, on theftrst, 1tIfrdt artd _FrIday afeadl manth and ending at the time the c:hlld's _oot re.sumes after the weekend, and on weekends that do not occur durfna the •.•• ar school term,begiftmna· at 6~ p.m. on the first, third and fifth Friday of,*" month and tmclnl at 6:00 p.m. on the following Sunday. A!ternlte WeekendPusesslon • In lieu of the weekend possession descr1bedirl theforqoma •••• '11,GIfFORD lAYNE HARRISONshall have the riaht topo$$8iSlon at the chUd not more than one weekend per month of CUFFORD lAYNE tfAI'fRISON's choIce hqlnnlnsat 6:1)0p.tn. on the.., idloof reteMS for the weekend and endInc at 6:00 p.m. en the .dJy before sel.eel •••• mes after the weekend. CUFfORD lAYNe tfAI'fRISON ma, efea: an eption for tfds alternativeperlod of weetcendpoassJon by giving written notice to CONNIEVASQUBffAMlSON within nfnety·daysafter the parties balfn to resfde more than 100 miles apart. If ClIffORD LAYNEHAlRIION makes 'dB electton, CUFFOI'IDIAYNE HARIUSON shall slve cotaIJE VASQUEZ HAINSON fou •.••• dayt written Of' telephonic notice preceding I des!l!1ated weekend. The Wllkends chosen shaH not confUtt with tmt. provisions ••••••.•••nl Christmas, ThanlcssMtl& the child'sbtrtbday~and Mothers Dav possession below. 2. Weekend Possession Extended by a Hollday- Except as otherwfse expressly provided In this ModIr.ed Possession Order, If a weekend period of possession bv QlFFORD LAYNE HARRISON bealns 719239.1 ,.9 of 25 on a student holiday or a teacher In-service day that falls on a Friday durlna the relular schoal term, 15 determIned bVthe school In which tile child Is enrolled, or a federal, state, or local holiday during the summer months when school Is not In session, that weekend period of possession shall be&ln at the time the ehners school is dismissed on the Thursday Immediately precedln. the student holiday or teacher in-servlce day and 6:00 p.m. on the Thund8V Immediately precedlnlthe fad••.••, state, or local hc'llday durin. the summer months Except IS otherwise expressly provided In this Modified Possession Order, If a weekend period of possession by QJFFORDlAYNE HARRISON ends on or Is immediately followed by a student holiday or a teacher iNtrvlce dav that falls on a Monday during the reaular school term# IS determined by the school In which the c:MIdIs enrolled, or a federal, statt, or focal hotidavthat falls on e Monday durin, the summer month$' wilen sdloolls not In lI$S.an, that weekend period of possession shall end at 6:00 p.m. on that Monday. S. .Sprf~Va~!lI •.•~~J~~,-~@tY, V!M'I,lt.!l~1J8aUi!CJO,p.m. on the day the child Is.dimdssed from sd100l for the schoollssprlns vacation and endlna at 8:00 p.m. on the day before school resumes after that vacation. 4. Extended Summer PossessionbyaJFFORD lAYNE HARRISON- With WlItten Notice by AprIl 1 .• If QJFFORO LAYNEHARIISON gives CONNIE VASQUEZ HARRISONwritten notice by AprU 1 of a year spedfy1ns an extended period or periods of summer possession for that: year, QJFFORO LAYNE HARRISON shaii have possession oftha child for forty-two days bealnnlns no earlier than the day after the chId's sdtooJ Is dlsmfssed for the summer VKiltJon and endfna no later than seven days before schooll1lSUmes at the end of the summer vacation In that year, to be exercised In no more than two separate periods of at least seven eonsetUtive days each, with each period of posseSSion beatnnlns and endlnl It 6:00 p.m. on each appUcabJe day, as specified In the wrJtten notice. These periods of possession shall belln and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 .. If QlFFORD LAYNEHARRISONdoes not live CONNIE VASQUEZ HARRISON written notice by April 1 of • vear speclfyfnl an extended period or periods of summer possession for that year, CUFFORD lAYNE HARRISON shall have posse.sslon of the child for forty ..two consecutive days baslnnJn, at 6:00 p.m. on June 15 and endlnl at &:00 p.m. on July 27 of that year. Notwithstanding the weekend periods of possession ORDERED for QJFFORD lAYNE HARRISON,It Is expressly ORDERED that CONNIE VASQUEZ HARRISONshall have a superior risht of possesslon of the child IS fallows: 1192119.1 ,.lOof25 1. SUmmer Weekend PossessiDn by CONNiE VASQUEZ HARRISON - "CONNIE VASQUEZ HARRISON JIves CLIFFORD lAYNE HARRISON written notice by April1S of a year, CONNIE VASQUEZ HARRISON sharr have possession of the cNld on any one weekend bqinolftl_ 6:00 p.m. on Friday and ending at 6:00 p.m. on the foUowlnl Sunday dud •• ·anyone .perlod of poues.s1on by QlFFORD LAYNE HARRISON durin. CUfFORD IAYNI HAMlSON', •• nded summer possession !n that year, provldlid that If it pedod of possession by QlFFORD lAYNE HARRISON In tb.t year exceeds tbbty davsfc::oNNllVASQUEZHAlRlSON may have possession of the cNtd under _ terms of this provision on any two nonconseQltlve weekends durinl that ,ad_ pmvItied that CONNIE VASQUEZ HARRISON pldes up the chid from CUFFOU lAYNE HARRISON and returns the child to that same place and that the weekend so desJ&niilted does not Interfere with Father's DaVpossession. 2. ExtendedSummer P-.fcm hyCO,.NlI VASQUEZ HARRISON -If CONNIEVAlQUEZHAI~I~gA~,IAYNEIIM8IION·wrltten notICe - by AprIllS of it veaf, CONNE VASQUlZHARllSON1M, des•• e twenty-one davs .,.,nning noHtUer than the day after the thners ,choal Is dismissed for the summer vacation and endinl no fate, than seven days before school resumes at the end of the summer vacation In that year, to be exercised In no more than two separate periods of at feast SMn coftsetQtfVe days ealth, durJn8 which CUFFORDlAYNE HARRISON shin not hMp.ouesslOnoftbe ,JIIId, provided that the period or periods so desfanated do not interfere with CUFFORD LA'lNE Day possession. These periods of~on each .ppllcable day. shaff ,.0 HARRISON·s period or periods of extended summer PO$sessiolli or with Father's and end at 6:00 p.m. on te) HoUdays Unaffected by Distance the weekend and Thursday periods of possession of NotwJthstandlna CUFFORD LAYNE HARRISON, CONNIE VASQUEZ HARRISON and aJFFORD LAYNE HARRISONshall have the rJ&ht to possession of the c:Nld as follows: 1. ChristmasHolIdays In Ev•.•• umbe•.•d Years .• In even-numbered ,ean,CON.'E YASQUEZffAlllSON shift havetherisht to possession of the ddld beam' ••• the ame the mId's schoo' ISdlsml$Sed for tne Christmas sdtooJ vacation and eRdln& at 9:00 p.m. on Der:amber 26, anet Q.IFfORD lAYNE HARRISON shall have the rfsht to possession of the child beslnnfna at 9:00 p.m. on December 26 and end.ns at the time school resumes after that Christmas Khool vacatlM. 2. Christmas Holidays In Odd·Numbered Vears • In Gdd-numbered years, GIFFORD LAYNEHARRISON shall have the riBht to possessron of the child 719239.1 Pap 11 of 25 be&lnnlng It the time the child's schoor Is dismissed for the Christmas school vacation and endlns at 9:00 p.m. en December 26, and CONtilE VASQUEZ HARRISON shall have the riaht to pDSsesslon of the child bealnnln8 at 9:00 p.m. on December 26 and ending at the time school resumes after that Christmas school vacation. 3. ThankslMna In Even-Numbered Years· In eVerHlumbered years, a.tFFORD LAYNE HARRISON shill have the right to possession of the child beslnnfna at the time the chlld·s school is dismissed for the Thanksgivinl holidaV and endlna at 6:00 p.m. on the Sundav followll1l Thanksgiving. 4. thlmksaiVlnlin Odd-Numbered Years - In odd-numbered years. CONNie VASQUEZtfAIRIS()N sha" have the ri&ht to possession of the child besL.,nina at the time th. dtiId's schooj Is dismissed for the ThankssMns hoUday and endlns at 6:00 p.m. an the Sunday following Thanksgivln,. 5. '-.: -- i \ EXHIBIT C NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 2006-68864 IN THE MATTER OF § IN THE DISTRICT COURT OF THE MARRIAGE OF § § CLIFFORD LAYNE HARRISON § AND § CONNIE VASQUEZ HARRISON § HARRIS COUNTY, T E X A S § AND IN THE INTEREST OF § JOHN ERNEST lEE HARRISON, II AND § VICTORIA MADELINE HARRISON § CHILDREN § 311TH JUDICIAL DISTRICT FIRST AMENDED MOTION FOR ENFORCEMENT AND ORDER TO APPEAR COMES NOW, CLIFFORD LAYNE HARRISON, Movant in the above entitled and numbered cause and files this First Amended Motion for Enforcement and Order to Appear. 1. Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Movant, CLIFFORD LAYNE HARRISON is the father and temporary sole managing conservator of the two children subjects of this suit. The last three numbers of CLIFFORD LAYNE HARRISON's Texas driver's.license number are 572. The last three numbers of CLIFFORD LAYNE HARRISON's Federal Social Security number are 717. 3. The two children subjects of this suit are: Name: JOHN ERNEST lEE HARRISON, II Sex: Male Birth date: September 2, 2000 Name: VICTORIA MADELINE HARRISON Sex: Female Birth date: July 27, 2004 4. This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. 5. The parties entitled to notice are as follows: Page 1 of 6 TAB #6 Respondent, CONNIE VASQUEZ HARRISON, is the mother and temporary possessory conservator of the two minor children subjects of this suit. Respondent was administered the oath by the Court and ORDERED to re-appear on December 18, 2014 at 9:00 a.m., to respond to (Petitioner's) First Amended Motion for Enforcement, and notice of this amended enforcement action to Respondent shall be pursuant to Rule 21a of the Texas Rules of Civil Procedure, by and through her attorney of record, Sara Razavi Zand, 2118 Smith St., Houston, Texas 77002. 6. On September 3, 2014 in Cause No. 2006-68864, styled "In the Matter of the Marriage of Clifford Layne Harrison and Connie Vasquez Harrison," In the 311th District Court of Harris County, this Court signed ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY ORDERSON PARENT-CHILDISSUES,(a copy is attached hereto as Exhibit A and is incorporated by referenced as if fully set forth herein) that states in relevant part as follows: lilT IS ORDERED that CONNIE VASQUEZ HARRISON shall not have any periods of possession and/or access to the children until further order of the Court or by written agreement of the parties and attorneys." 7. Violations Respondent has failed to comply with the orders described above as follows: Violation No.1: On September 15, 2014, at approximately 7:00 p.m., CONNIE VASQUEZ HARRISON willfully and intentionally appeared at JOHN ERNEST LEE HARRISON, II's regularly weekly scheduled boy scout meeting, located at Second Baptist School, 6410 Woodway, Houston, Texas 77057, wherein JOHN ERNEST LEE HARRISON, /I and VICTORIA MADELINE HARRISON were both in attendance. Thereafter, CONNIE VASQUEZ HARRISON violated the Court's order by willfully and intentionally accessing and communicating with both JOHN ERNEST LEE HARRISON, II and VICTORIA MADELINE HARRISON. CONNIE VASQUEZ HARRISON further violated the order of the Court by willfully and intentionally removing VICTORIA MADELINE HARRISON from the common area of the meeting, away from the possession of CLIFFORD LAYNE HARRISON, and secreting VICTORIA MADELINE HARRISON in the women's restroom and commenced private communications. Violation No.2: On September 22, 2014, at approximately 7:00 p.m., CONNIE VASQUEZ HARRISON willfully and intentionally appeared at JOHN ERNEST LEE HARRISON, II's regularly weekly scheduled boy scout meeting, located at Second Baptist School, 6410 Woodway, Houston, Texas 77057, wherein JOHN ERNEST LEE HARRISON, II was in attendance. Thereafter, CONNIE VASQUEZ HARRISON violated the Court's order by willfully and intentionally accessing and communicating with JOHN ERNEST LEE HARRISON, II. CONNIE VASQUEZ HARRISON further violated the order of the Court by willfully and intentionally providing JOHN ERNEST LEE HARRISON, 1/ with a written letter 840217.1 Page2 of6 to be delivered to VICTORIA MADELINE HARRISON; Violation No.3: Between the time period of September 22, 2014 and October 8, 2014, CONNIE VASQUEZ HARRISON willfully and intentionally accessed and communicated with JOHN ERNEST LEE HARRISON, II in writing; the letter, (a copy is attached hereto as Exhibit B and is incorporated by referenced as if fully set forth herein), states as follows: "To John From Mommy Thank you Tate! Hi MiAmor, Just a quick note to tell you how much I love you &. miss your. I am sooo sorry that Dad is keeping us a part. I really don't understand &. I, of course, know that you dont understand either why dad would do this to us but we will survive. And we have to come out the stronger and not let these sad times conquer us. I pray for your &. Victoria several times a day. I pray for you to retain your strength in Jesusand in Our Holy Father. I hope you are praying everyday. Thank you for taking care of Victoria she loves you so much. Pleasecontinue to show her lots of love and give outward protection to her, always protect her. Pleasedo not leave her alone, please. I hope you are going sailing on Sat. you would love it, but then think of VM being without you. 1m keeping busy with work, the house and all. Te Amo y to Adoro III Mommy" Violation No.4: Between the time period of September 22, 2014 and October 10, 2014, CONNIE VASQUEZ HARRISON willfully and intentionally accessed and communicated with VICTORIA MADELINE HARRISON in writing; the letter, (a copy is attached hereto as Exhibit C and is incorporated by referenced as if fully set forth herein) states as follows: "Hi Beautiful Queen Princess Just a quick note to you to tell you I really miss my googlibear. 840217.1 Page3 of6 I am soooo sad ® that Daddy is keeping me & you apart BUT I promise that will change and you will be with Moma Bear soon. t pray for you and John to remain strong in Our Holy Father while away. Do you feel Jesus' protection over you and HIS angels loving you as much as mommy loves you. Pray & talk to the Lord. I am praying that school at Briargrove is a little better Oreo & Cookie really miss you and John a lot. Cookie just got a short hair cut and still jumps on Oreo all the time. They also miss Rascal a lot. I think of you all the time. What you are reading, what t.v. shows you are watching, what healthy food you are eating -> Right. I'm keeping busy with work, the house and the doggies. May you have a very blessed week. Remember Psalm 23 ''The Lord is my shepherd ••., you know the whole psalm you are so brilliant. How much does Mommy love you. Te Amo Mommy" Criminal Contempt 8. Movant requests that for each violation alleged above, Respondent be found and held in criminal contempt, confined in the county jail of Harris County, Texas for a period of 120 days for each separate violation, and that each period of confinement run concurrently. 9. Movant Request that for each violation alleged above, Respondent be found and held in criminal contempt, and fined a monetary penalty for each separate violation, not to exceed a total find of $500. 10. Movant requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply. 11. It was necessary to secure the services of Patricia A. Wicoff and Amy R. Harris, licensed attorneys, and the law firm of Schlanger, Silver, Borg & Paine, LLP, to enforce and protect the rights of Clifford layne Harrison and the children the subject of this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney's own name. Enforcement of the order is necessary to ensure the children's physical or emotional 840217.1 Page4 of6 the enforcement of child support including contempt but not including income withholding. Movant requests post judgment interest as allowed by law. Movant prays that Respondent be held in criminal contempt and punished as requested, that the Court clarify any part of its prior order found not to be specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law. Respectfully submitted, Schlange.4 ~!lver'lBarg & ~aine, LLP By: (y~1jl{~(~;~) /' ; PATRICIAA. WICOFF State Bar No. 21422500 AMY R. HARRIS State Bar No. 24041057 Attorneys for Petitioner, Cliff Harrison 109 North Post Oak lane, Suite 300 Houston, Texas 77024 Telephone: (713) 735-8514 Facsimile: (713) 351-4514 pwicoff@ssbplaw.com aharris@ssbplaw.com famlawservice@ssbplaw.com ) Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with Rule 21a ofthe Texas Rules of Civil Procedure on December 8, 2014: Ms. Sara Razavi Zand LAW OFFICE OF SARA RAZAVI RAND via electronic mail 2118 Smith St. Houston, Texas 77002 Patricia A. Wicoff Amy R. Harris Attorneys for Petitioner 840217.1 Page 5 of6 p·lO CAUSENO.2~ 1'1"0 \)( IN THE MATTER OF § IN THE DISTRICT COURT OF (:l') THE MARRIAGE OF § § CLIFFORDLAYNE HARRISON § AND § CONNIE VASQUEZ HARRISON § HARRIS COUNTY, T E X A S § AND IN THE INTERESTOF § JOHN ERNESTLEEHARRISON, II AND § VICTORIA MADEUNE HARRISON § CHILDREN § ORDER GRANTING PETITIONER'SMOTION FOR TEMPORARY ORDERSON PARENT-CHILD ISSUES On September 3, 2014, the Court heard Petitioner's Motion for Temporary Orders on Parent-Child Issues. Appearances Petitioner, CLIFFORD LAYNE HARRISON, did appear in person and through his attorneys of record, Patricia A. wicoff and Amy R. Harris and announced ready. Respondent, CONNIE VASQUEZ HARRISON, did not appear in person although duly served with notice and had previously been sworn in by this Court tp reappear on this date. Respondent's attorney of record, Christopher W. Martin, did appear. The Amicus Attorney, Heather Hughes, did appear in person and announced ready. Jurisdiction The Court, after examining the record and the agreement of the parties and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that the Court has jurisdiction of this case and of all the parties. Children The following orders are for the safety and welfare and In the best Interest of the following children: EXHIBIT A 799999.1 Page 10f4 Name: JOHN ERNESTLEEHARRISON, II Sex: Male Birth date; September 2, 2000 Home state: Texas Name: VICTORIA MADELINE HARRISON Sex! Female Birth date: July 27, 2004 Home state: Texas Conservatorship IT IS ORDEREDthat CONNIE VASQUEZ HARRISONis Immediately, instanter removed as a joint managing conservator of JOHN ERNEST LEE HARRISON, II and VICTORIA MADELINE HARRISON. IT IS FURTHER ORDEREDthat CLIFFORDLAYNE HARRISON is immediately, instanter appointed the temporary sole managing conservator of JOHN ERNEST LEE HARRISON, II and VICTORIA MADELINE HARRISON, pursuant to Texas Family Code Sec. 153.132, and as further provided for in the attached Exhibit A. IT IS ORDEREDthat CLIFFORDLAYNE HARRISON is to be listed on any and all school records for the children and CLIFFORDLAYNE HARRISON shall be the sole contact person for the children until further order of this Court. Possession and Access IT IS ORDEREDthat CLIFFORDLAYNE HARRISONhas the exclusive right to all periods of possession and access with the children. IT IS FURTHER ORDEREDthat CONNIE VASQUEZ HARRISON shall not have any periods of possession and/or access to the children until further order of the Court or by written agreement of the parties and attorneys. Child Support IT IS ORDERED that CLIFFORD LAVNE HARRISON's obligation to pay child support to CONNIE VASQUEZ HARRISON for the benefit of the children is immediately terminated, effective on this the 3rd day of September, 2014. 799999.1 Page2of4 ------------------- Temporary InJunctlon IT IS ORDERED that CLIFFORD lAYNE HARRISON is enjoined from: 1. Allowing the children to remain within the presence of Heather Fitzsimmons, subject to the further recommendation of the AMICUS attorney or by further order of the Court. Additional AMICUS Provisions IT IS ORDERED that Heather M. Hughes, the Court appointed AMICUS attorney for the minor children shall have unlimited accessto the children, including but not limited to meeting with the children at their respective schools, reviewing or obtaining the children's school records, the children's medical records, communicating with the children's teachers, therapists, counselors, doctors. IT IS FURTHER ORDERED that the consent of either parent is NOT required to give any school where the children are enrolled in permission to speak with the AMICUS and the children, at school or to review or obtain the children's records. Date 0/ Order SIGNEDon ---.~-.- r---"--. "--'.;... ..- ....• .. ~ . .:...:.._....;;:;2;;....._~--',=20=1:...:,4, APPROVED ASTO FORMONLY: Martin, Disiere, Jefferson & Wisdom By: Patricia A. Wlcoff Christopher W. Martin ---------------------------- State Bar No. 21422500 State Bar No. Amy R. Harris Attorney for Respondent State Bar No. 24041057 808 Travis se, 20th Floor Attorneys for Petitioner Houston, Texas 77002 109 North Post Oak lane, Suite 300 Telephone: (713) 632-1700 Houston, Texas 77024 Facsimile: (713) 222-0101 Telephone: (713) 735·8514 martin@mdjwlaw.com Facsimile: (713) 351-4514 pwicoff@ssbplaw,com (Non-service emails) aharris@ssbplaw.com (Non-service emails) famlawservice@ssbplaw.com (Email service only) 799999.1 Law Ofllce 0/ HeQth~r M. Hughes By: --H-~C-t~he~r:;;"'M=.",,"~.J..U~g --=;--=5 :..(.J _ State Bar No. 00796794 Amicus Attorney 952 Echo lane, Suite 475 Houston, Texas 77024 Telephone: (713) 463-5505 Facsimile: {713}463-5213 hhughes@Omhugheslaw.com 799999.1 Page4of4 FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND see: Page 14 of65 conviction the person would be required to register The notice required to be made under Subsection (b) made n as practicable but not later than the 40th day date the rvator of the child begins to reside with the or the 10th r the date the marriage occurs, as appropr The notice must a description of the offense that is of the person's req nt to register as a sex offender the offense with which person is charged. (d) commits an offense rvator fails to provide notice in (b) and (c). An offense under this Added by Acts 1995, 74th ch. 751, Sec. 1, 1995. Amended by Acts 1999, 76th ch. 330, I, eff. Sept. 1, 1999i Acts 2003, 78th Leg., ch. 1036, Sept. 1, 2003. JOINT MANAGING CONSERVATOR Sec. 153.131- TO BE APPOINTED MANAGING CONSERVATOR. (a) Subject to n in Section 153.004, unless the court finds that e parent or parents would not be in the best interes e the appointment would significantly impair the d's physical hea development, a parent be appointed -.-_. __=ing conservator or both parents shall b of the child. (b) ttable presumption that the of the parents of joint managing conservators is interest of child. A finding of a history of famil arents of a child removes the presumption Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, by Acts 1995, 74th Leg., ch. 751, Sec. 32, eff. Sept. Acts 1997, 75th Leg'l ch. 1193, Sec. 20, eff. Sept. 1, Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE CONSERVATOR. order, a parent •• FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND xcc., Page 15 of 65 appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the childi (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic ,i I payments for the support of the child and to hold or disburse' these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; -, (8) the right to the services and earnings of the child; ", , and (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government~ 1995, 74th Leg., ch. 20, Sec. I, eff. 1995, 74th Leg., ch. 751, Sec. 1995; 8th Leg., ch. 1036, 1, 2003. Amended.\Qy: .,' <~cts 2005,' 79th Sec. 10, eft. June 18, 2 Sec. 153.133~ shall render an order appoint in conservators only it the parenting plan:~_ '" designates the conservator who has the exclusive I I ."-..- .. '---~"- ~_"'b.,.~ ~-,-" - _ ..~ - . -~-~ -- EXHIBIT B I - 4J~ ~ i -;k- tx jJ~ crt a rUe-;u;:(Z ;U AF. .P- tftI ~. J J{N/rJJ -: ~Z~~ . 1 ~ I7lrL Cf' . .;. tlf~ s«: J /r~ IPJdf k uM ~PId ~ .~ fI1~ -F~ ~ ;/J£ N/rna?n 1.hv cJ2fl/L ~ ~ CU