in Re Connie v. Harrison ( 2015 )

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
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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
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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.
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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
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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.
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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.
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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.
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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,
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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,
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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,
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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
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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
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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?
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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.
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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)
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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
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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
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