in Re Connie v. Harrison

Case Information

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, 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 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 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 311 th 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 16 th 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.

r: FURTHER THE AFFIANT SAITH NAUGHT. I IP ~/}; vii (:ffYUt;;/. ,1W~t1/

CONNIE V. HARRISON

SUBSCRIBED AND SWORN TO before me by said Connie V. Harrison on I.. '.. ,,' > this, the i.s* day ofJanuary, 2015. il( fitvv f{{lU;{ 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

1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME TRIAL COURT CAUSE NO. 2006-68864 IN THE INTEREST OF ) IN THE DISTRICT COURT ) J.E.L.H., II )

AND

) HARRIS COUNTY, TEXAS

V.M.H., )

)

MINOR CHILDREN ) 311TH JUDICIAL DISTRICT

_____________________________________________

HEARING ON MOTIONS

_____________________________________________ On the 4th day of December, 2014, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Alicia K. Franklin, Judge Presiding, held in Houston, Harris County, Texas.

Proceedings reported by computerized stenotype machine. 2 December 4, 2014 APPEARANCES PATRICIA A. WICOFF SBOT NO. 21422500 AMY HARRIS SBOT NO. 24041057 Attorneys-at-Law SCHLANGER, SILVER, BARG & PAINE, L.L.P. 109 North Post Oak Lane, Suite 300 Houston, Texas 77024 Telephone: (713) 785-1700 Counsel for Clifford Harrison SARA RAZAVI ZAND SBOT NO. 24051233 MELISSA A. CASS SBOT NO. 24054541 Attorneys-at-Law 2118 Smith Street Houston, Texas 77002 Telephone: (713) 396-0227 Counsel for Connie Vasquez Harrison HEATHER HUGHES SBOT NO. 00796794 Attorney-at-Law 952 Echo Lane, Suite 475 Houston, Texas 77024 Telephone: (713) 463-5505 Amicus Attorney for the Minor Children

3 December 4, 2014 INDEX VOLUME 1 HEARING ON MOTIONS December 4, 2014

PAGE VOL.

Proceedings .................................4 1 Ruling on Mental Health Evaluation ......... 11 1 Ruling on Motion to Dismiss ................ 40 1 Ruling on Possession and Access ............ 52 1 Reporter's Certificate ..................... 55 1

4 December 4, 2014 THE COURT: We are on the record in Cause 2006-68864, In the Matter of the Marriage of Clifford Layne Harrison and Connie Vasquez Harrison, and In the Interest of J.E.L.H., II, and V.M.H., Children.

Counsel, please make your appearances for the record. MS. WICOFF: Your Honor, my name is Patricia A. Wicoff. I'm here together with Amy Harris. We represent Cliff Harrison.

MS. HUGHES: Your Honor, I'm Heather -- I'm sorry. MS. RAZAVI ZAND: Your Honor, I'm Sara Razavi Zand here with Melissa Cass today here to represent the Respondent.

MS. HUGHES: Your Honor, I'm Heather Hughes, the amicus attorney for the children. THE COURT: Okay. And we had a number of things set on the docket this morning, and the first is a -- the first matter we're going to take care of is the motion for the appointment of a mental health evaluator.

And off the record, Ms. Hughes, you were letting me know that Judge Newey had previously granted the motion for the mental health evaluation

5 December 4, 2014 to take place of both parties. However, it failed to name a evaluator and you-all were instructed to try to reach a resolution on that; and I'm under the assumption since we're here today you've been unable to do so.

MS. HUGHES: Correct. I looked into one individual, Dr. Peter Simone; and when he got back to me, he indicated that with the January trial setting and his schedule that he would not be able to take the assignment commitment. And, so, then I sent an e-mail and proposed Dr. Adrienne Tinder, who is affiliated with Dr. Silverman and Dr. Laval. I heard back from Ms. Wicoff. My recollection was that she did not oppose Dr. Tinder, and I did disclose to everybody that she was related -- or not related, but worked with Dr. Silverman, who is a psychologist who performed the evaluation in the underlying divorce. I just wanted to make sure everyone was aware of that. I don't recall hearing back from Ms. Harrison; and, so, that's where we are.

And then this morning I have communicated with Dr. Tinder, and she's indicated her availability would be in January to begin the evaluation.

THE COURT: Okay. So, to begin in 6 December 4, 2014 January? MS. HUGHES: Yes, Your Honor. THE COURT: And we were set for trial

for -- MS. WICOFF: We are set preferentially. THE COURT: What was the date? MS. HARRIS: January 20th. Pretrial

on January the 9th. THE COURT: Okay. MS. HARRIS: Which is the date that

we got from the Court at the same time that the evaluation was heard.

MS. WICOFF: Judge, if I may respond when you're -- if Ms. Hughes is done. MS. HUGHES: Other than -- and both parties filed respective motions for mental health evaluation.

THE COURT: Okay. MS. RAZAVI ZAND: And, Your Honor,

that was actually -- I came on the case approximately 36 hours ago.

THE COURT: Okay. MS. RAZAVI ZAND: And that was filed

prior to me coming on the case; and it's also my 7 December 4, 2014 understanding that at the September 3rd hearing that Judge Newey did order a psych eval to be done on everyone, including the kids. I'm not opposed to any of that. I'm not opposed to whoever the amicus wants to pick, too. I have no preference.

THE COURT: Okay. MS. WICOFF: Judge, I am opposed to

it at this point; and let me explain to the Court why.

We were set for trial on September 2nd. When we did not get reached for trial, then Judge Newey said he would go ahead and order the psychiatric. At that time we were then set for trial January 20th. That was three months ago. There has been nothing accomplished with regard to that Order, which has never been entered. We do not have an Order signed. There has been nothing accomplished with regard to that happening for the last three-month period; and I don't know where the disconnect was, Judge. I responded to Ms. Hughes as soon as she contacted me.

At this point, Judge, we are now in our fourth trial setting after the remand from the Court of Appeals. We are now looking at an eight-year-old case to get heard. Quite frankly,

8 December 4, 2014 Judge, both of these children have their own therapist that Mr. Harrison has arranged for these children that they are seeing. The amicus attorney has talked to at least one of the therapists, that I am aware of. As far as I'm concerned, we don't have a signed Order at this point, Judge.

This will clearly -- this is an automatic continuance, is what it really is, Judge. We don't want this case continued under any scenario; and we are ready, willing and able to withdraw any request for any kind of psychological or psychiatric. Quite frankly, it's my feeling that Ms. Harrison's conduct throughout this past many months is --

MS. RAZAVI ZAND: Objection to testifying as to facts not in evidence and testifying as the attorney, Your Honor.

THE COURT: Sustained. You can rephrase. MS. WICOFF: I think, Judge, that we

are not going to need a psychiatric in this jury case, quite frankly. So, I think at this point, Judge, it is too little too late. I would like for it to have been commenced in September when it was originally ordered. It didn't happen, but it didn't happen because of anything that Mr. Harrison did. It

9 December 4, 2014 simply didn't happen. And to now piggyback and say, oh, let's get it done in January. I talked to the lady this morning and she can do it in January. No. It's too late. This case needs to be concluded. We are ready to go forward.

And the other thing that the Court needs to know, way back when we tried this case in 2008, I believe --

MS. HARRIS: Seven. MS. WICOFF: -- '7 or '8, the parties

were ordered to go to Mr. -- to Dr. Silverman. We had to get a motion to compel the attendance of Ms. Harrison to go to Dr. Silverman for the evaluation. The fact that this woman can do it in January doesn't mean that Ms. Harrison is going to show up. So, then where are we? Are we then in the summer? Are we going to be in the fall? Are we going to be in 2016? No. It's time to get this case done with or without a psychological; and that should have been taken care of three months ago, not today. And that's my position, Judge.

THE COURT: Okay. Anything further from anybody? MS. RAZAVI ZAND: Your Honor, it's my understanding that the -- and, again, I apologize if 10 December 4, 2014 I misstate any of the facts since I've only been on the case for 36 hours; but it's my understanding that at the time of the psych eval -- the psych eval was done in '07 with Dr. Silverman, and the children were not evaluated at the time. So, there, at minimum, needs to be some sort of update. If Dr. Silverman is going to be considered an expert, his report is so old that I don't know if it actually pertains to the parties today.

But, again, Your Honor that wasn't -- that wasn't -- that was an order of the Court by Judge Newey, and we have the transcripts where he states that the children need to be re-evaluated because there have been instances where the children have seen some family violence that have gone on.

He's been convicted of family violence. There's been a finding of family violence in this court. There's been a second incident of family violence that occurred a couple months ago. So -- in the presence of one of the children.

MS. WICOFF: Judge, I'm not -- I didn't interrupt opposing counsel when she was testifying, and she did to me; but I will respond that, first of all, there has never been a conviction of family violence against Mr. Harrison.

11 December 4, 2014 Secondly, he was no-billed on this last accusation by Ms. Harrison. These children are seeing therapists. Those two therapists can come in and testify. We need to get this case over. It is -- three months ago had we started this, that would be one thing; but it didn't happen, and it didn't happen because of us. We want to go to trial in January, Judge.

THE COURT: Okay. With regards to the motion to appoint an evaluator, the Court is going to deny that relief and the Court is superseding any prior Order that, perhaps, was orally rendered and hasn't been reduced to writing ordering the evaluation that is superseded by this Order denying the appointment of the evaluator and also denying a evaluation period.

And then let's move on to the motion for continuance. And I apologize, but I don't see -- MS. HARRIS: It's actually not set, Judge. We had actually conceded to possibly going forward on that this morning. However, Ms. Harrison's new counsel advised me this morning that they would be passing their continuance.

THE COURT: Okay. MS. RAZAVI ZAND: At this time, Your

12 December 4, 2014 Honor, I, like I said, I have 11 boxes that were delivered to my office; and I'm going to have to review to see if discovery has been updated and whatnot. But as of right now, I'm passing my client's pro se motion for a continuance.

THE COURT: Okay. Excellent. I appreciate that. And, so, then my understanding is we just have the two motions for enforcement. Now, with regards to the Order on the request for the mental health evaluator, is that something you-all can stand down and handwrite up? Okay.

MS. HUGHES: Handwrite. THE COURT: Okay. Because I don't

want to have to give you an entry date on that and have y'all come back. So, if we could enter that before the end of the day.

MS. HUGHES: I also believe my motion to review possession and access was set today. I called the clerk on Monday to confirm it because it showed up as a docket sheet entry, and it was confirmed because a week before I had been told it was the motion to appoint evaluator had been set. So, I wanted to make sure. And when I called on

13 December 4, 2014 Monday, I was told that, yes, the motion to review possession and access was set as well; and, so, I notified the parties of that.

THE COURT: I found the motion. It was noticed for today because I signed it on November the 14th and indicated that I signed a notice of hearing to review possession and access for today --

MS. HUGHES: All right. THE COURT: -- set at 9:00 o'clock

a.m. So, we can hear that as well. Now we have to figure out logistically how we're going to get this done. It is 11:45, and my understanding is you have somewhere else to be as well.

MS. HUGHES: I left the 312th morning CPS docket with one matter unfinished, and I've got one matter at 1:30 back in the 312th on their afternoon CPS docket.

THE COURT: Okay. MS. HUGHES: May I look at my phone

to see if anyone has text me? THE COURT: Sure. MS. HUGHES: And there's a chance

that the morning matter disappears because of a report not being timely filed, but I've not had

14 December 4, 2014 confirmation -- THE COURT: And, Victor, what is my schedule like? THE COORDINATOR: For this afternoon? THE COURT: Uh-huh. THE COORDINATOR: You've got a motion

for new trial that has to go before you. I don't expect that to be too long, but that's at 1:30. I could be wrong.

THE COURT: Okay. MS. WICOFF: Judge, let me just

interject, if I may, that we are set for a motion for revocation of probation on December the 18th. Certainly we could put both of these contempt motions -- have Ms. Harrison sworn to return on the 18th and have those heard, these contempts, two contempts heard on the 18th if that will help accommodate the Court.

THE COURT: Victor? MS. HUGHES: I don't anticipate my

motion would be very long, Your Honor. THE COURT: Okay. So, we could take care of the possession and access. We can go off the record. ( Discussion off the record )

15 December 4, 2014 THE COURT: Okay. And if the parties can stand up at counsel table. Okay. Anybody who is going to testify in this matter, please raise your right hand.

(Oath administered) THE COURT: Okay. You may lower your

right hands. And then, ma'am, let me go ahead and give you some instructions at this time. Okay? The rule has been invoked in this matter. We are having a hearing in which it is expected you may testify. When I place you under the rule, that is severalfold. One, I'm going to excuse you to the hallway. Okay? And you may not be present in the courtroom while any testimony or any matters are being conducted except for and save for while you are testifying. Okay? While you are in the hallway, you may not communicate with other witnesses or the parties about matters relevant to the case or matters that you likely would testify about. If there's breaks and the parties are excused to the hallway, you may exchange pleasantries. You may talk about the weather, logistical things like arranging rides or things like that. Okay? But nothing relevant to the issues that would likely be being discussed here in the

16 December 4, 2014 courtroom. Okay? PROSPECTIVE WITNESS: I understand. THE COURT: And if you're found to be

in violation of that rule, then I could preclude you from testifying. I may strike testimony or I could actually find you in contempt of court for disobeying a Court Order. So, it's best to adhere to the instructions of the Court. Okay?

PROSPECTIVE WITNESS: I understand. Thank you very much. THE COURT: So, you're excused to the hallway at this time. Thank you, ma'am. MS. RAZAVI ZAND: And, Your Honor, for purposes of the record, were the parties sworn in for both enforcements as well?

MS. HARRIS: Yes, Judge. We're going to hear them all at the same time. THE COURT: I thought what we're hearing is two enforcements and the possession and access.

MS. RAZAVI ZAND: That's correct. THE COURT: Motion for possession and

access. So, yes, the oath that I just administered is for all matters that are being heard right now.

MS. RAZAVI ZAND: Thank you. 17 December 4, 2014 THE COURT: You're welcome. So, I have the motion to review

possession and access. Will you direct me -- the motion for enforcement, is it the -- is one of them the one that was filed on October the 13th?

MS. WICOFF: It is, Judge. THE COURT: Okay. MS. WICOFF: And the other one was

filed on September the 22nd. I'm sorry. 2 or 22. I'm sorry. 2. It is 2, Judge.

MS. HARRIS: 9/2. MS. WICOFF: 9/2 and the October. THE COURT: Okay. I see it. Thank

you, Ms. Wicoff. This is a lengthy file. So, it's a little difficult to find everything all at once.

Okay. Is there a preference to what order that we're going to hear the -- MS. WICOFF: I think the enforcements were filed first, Judge. So, I'd like to move forward on those.

THE COURT: Okay. Then, Ms. Wicoff, if you're announcing ready at this time and you're ready to move forward, you may do so.

MS. WICOFF: I am; and I would call Mr. Harrison as my first witness, Your Honor. 18 December 4, 2014 MS. RAZAVI ZAND: And, Your Honor, since the parties have already been sworn in, I'd like to do my oral motion to dismiss for procedural reasons that need to be heard prior to them actually starting and after they've been sworn. So, may I proceed?

THE COURT: You may. MS. RAZAVI ZAND: Thank you. Would

you like me to do it at the bench, Your Honor, or from a seated position?

THE COURT: You can do it from a seated position, Counsel. MS. RAZAVI ZAND: Your Honor, for the first motion for enforcement that was filed on September 2nd, 2014, if you turn to page 6 of 9, that's where the violations begin.

Your Honor, with regard to Violation Number 1, Violation Number 1 states: On or about July 28, 2014, Connie Vasquez Harrison failed to comply with the terms of this order by failing to adhere to the permanent injunctions relating to discussing divorce litigation or issues surrounding the litigation with the children. See a letter from John Ernest Harrison attached hereto Exhibit "C" and is fully incorporated herein for all purposes.

19 December 4, 2014 Your Honor, Violation Number 1 fails to allege how Connie actually violated the interim order pursuant to a section of the Texas Family Code 157.002(a)(2). It doesn't actually state how she violated the injunction. The proper way to plead would actually be that Connie Harrison discussed litigation with the son on a certain date and failed to adhere to the permanent injunction as to how she actually failed. It's not specific enough pursuant to 157.002(a)(2). It doesn't say how she actually violated it.

Violation Number 2, Your Honor: On August 15th Clifford Layne Harrison was denied access to the minor children, John Ernest Harrison and Victoria Madeline Harrison, for his weekend period of possession.

Your Honor, Violation Number 2 also fails to adhere with Section 157.002(a)(2) and Section (c). It fails to state the actual location of the violation and fails to identify how Connie violated -- I'm sorry -- how the Respondent violated the order. Section 157.002(a)(2) and (c), the Movant must be able to identify the provisions of the order and that Respondent violated it and specify the date, time, place and manner in which the Respondent

20 December 4, 2014 actually violated those provisions. And if you go to Violation Number 3, Your Honor: On August 27th, 2014, Clifford Layne Harrison was denied access to the minor children, John Ernest Harrison and Victoria Madeline Harrison, at the time the children were dismissed from school for the Thursday overnight period of possession and weekend extended by the holiday.

Again, Your Honor, Violation Number 3 doesn't state how the violation was -- how it was actually violated. It fails to identify how the Respondent violated the order. Your Honor, it fails to state the location of the violation and fails to actually state what Respondent failed to do.

Also, Your Honor, August 27th, 2014, which is the date that they pled, is actually a Wednesday and not a Thursday. It's not his actual period of possession under the order.

Violation Number 4 states that 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 has facilitated the enrollment of John Ernest Harrison in a school other than Grady Middle School.

Again, Your Honor, the underlying 21 December 4, 2014 order on Violation Number 4 is not specific enough to state that Connie is enjoined from doing so or -- I'm sorry -- Respondent. The language of the Petition does not specify or identify how Respondent actually violated the order. It's also not specific enough to identify the actual violation with regard to that, Your Honor.

If you go to Section 10, Number 10, page 6 of 9, it states: Movant requests that Respondent be held in contempt, jailed and fined for the violations alleged above.

Number 11 states that Movant believes, based on Respondent's conduct, the repeated and ongoing history of Respondent's conduct and the history of the willful failure to comply with the 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.

Movant requests that Respondent be confined in the county jail for 90 days. Your Honor, Sections 10 through 12 do not state whether they are seeking civil contempt or 22 December 4, 2014 criminal contempt. It doesn't state the amount of the fine. It doesn't state whether what the jail time that they're asking for is going to be concurrent or consecutive. There are several violations in here, Your Honor. Nothing in this Petition puts my client on notice of her right to invoke a jury trial on all the violations.

Your Honor, with regard to Enforcement Number 2 that was filed on September 13th, 2014, Violation Number 1 is set forth on page 2 -- I'm sorry -- it was filed October 13th, 2014. Do you have that in front of you?

THE COURT: I do. Thank you. MS. RAZAVI ZAND: May I proceed? THE COURT: You may. MS. RAZAVI ZAND: Okay. Violation

Number 1: On September 15th, 2014, Connie Vasquez Harrison intentionally and knowingly appeared at the Boy Scout meeting wherein John Harrison was in attendance and spoke with both John Harrison and Victoria Harrison, including taking Victoria Harrison into the women's restroom to have a private conversation with her.

Your Honor, with regard to Violation Number 1, Your Honor, pursuant to Section -- Texas 23 December 4, 2014 Family Code 157.002(a)(2) and (c), it fails to state the place, time and manner of her violation. It states that she intentionally and knowingly -- she intentionally and knowingly appeared at the Boy Scout meeting; but, Your Honor, as far as the actual element of willful, it's not specific enough to put my client on notice with regard to the actual violation.

Violation Number 2: On September 22nd, 2014, Connie Vasquez Harrison intentionally and knowingly appeared at the Boy Scout meeting wherein John Harrison was in attendance and spoke with John Harrison and gave John Harrison a letter to give to Victoria Harrison.

Again, Your Honor, it does not state the place and manner of her violation pursuant to Texas Family Code Section 157.002(a)(2) and (c).

Violation Number 3 states: On or about October 8th, 2014, Connie Vasquez Harrison communicated with John Harrison in writing.

Again, Your Honor, it does not state place and the manner of Respondent's violation in Violation Number 3 pursuant to Texas Family Code Section 157.002(a)(2) and (c).

With regard to Violation Number 4: 24 December 4, 2014 On or about October 10th, Connie Vasquez communicated with Victoria Harrison in writing.

Again, Your Honor, this does not adhere to Texas Family Code Section 157.002(a)(2) and (c) since it states to -- it fails to state the place and manner of her actual violation.

Going to Number 8: Movant requests that Respondent be held in contempt, jailed and fined, for the violations alleged above.

Number 9: Movant believes, based on Respondent's conduct, the repeated and ongoing history of Respondent's conduct and the history of the willful failure to comply with the Court orders that Respondent will continue to fail to comply with the Court orders -- 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.

Number 10: Movant requests that Respondent be confined in county jail for 90 days. In a parentheses it states 120 days.

Your Honor, again, this motion fails to state whether Movant is seeking criminal or civil contempt. It fails to state how much the fine is for

25 December 4, 2014 for each violation. It does not state whether jail time is concurrent or consecutive for these violations. Again, my client has not been put on notice of her right to be able to invoke a jury trial, if necessary.

Your Honor, with regard to Number 10, it states that they're seeking jail -- county jail time for 90 days, but in parentheses it actually says 120 days.

So, again, my client is not put on notice with regard to the amount of jail time and whether it's consecutive or running concurrent so that she knows if she has the right to invoke a jury trial.

Your Honor, with regard to Enforcement Number 2, the underlying order is actually not specific enough to state whether if Ms. Vasquez -- if Ms. Harrison is actually found to have engaged in this behavior whether the underlying order is actually specific enough because it does not state that Ms. Harrison doesn't have any contact with the children. It doesn't state that at all. And, therefore, we can't know if she actually violated the order; and, again, her right to a jury trial, we don't know if it's been invoked or not.

26 December 4, 2014 So, I ask that my motion to dismiss be granted on both enforcements at this time. THE COURT: Okay. Ms. Wicoff? MS. WICOFF: May I respond? THE COURT: You may. MS. WICOFF: Your Honor, very

clearly -- and I will take the first enforcement, I will take is the one that was filed in September, September 2nd. Very clearly we set out verbatim exactly which order we believe that she has, in fact, violated. Commencing on page 2, Number 9, the interim order April 10, 2014 which provides to Mr. Harrison very specifically the periods -- first of all, the permanent injunction as is set out verbatim on page 4 from the order that the Court finds that because of the conduct of Clifford Harrison and Connie Vasquez Harrison a permanent injunction against him should be granted as appropriate relief because that's no adequate remedy at law. And it says very clearly, Judge, that the violation that we were contending that she has violated is discussing the divorce litigation or any issues surrounding this litigation with the parties' children, the parties children.

Then, Judge, we go further on to 27 December 4, 2014 recite verbatim on page 5 the exact order that Judge Tom Stansbury rendered wherein he said 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, i.e., Briargrove Elementary and Grady Middle School.

We then go on, Judge. On the Violation Number 1, we have incorporated Exhibit "C" which clearly puts Ms. Harrison on notice of the violation that she has engaged in by communicating with the child. It is incorporated. She could not be not on notice with this having been incorporated and her served with that document, Judge.

Violation Number 2, I have no understanding as to why she thinks she is not on notice that she has violated the order that is set out.

MS. RAZAVI ZAND: Objection as to, Your Honor, that the attorney is testifying as to facts not in evidence at this time. This is argument, not evidence -- I'm sorry -- argument, not testimony.

THE COURT: It is overruled. You may continue, Ms. Wicoff.

28 December 4, 2014 MS. WICOFF: Judge, on Violation Number 2, August 15th, once again, Judge, we set out verbatim the weekend visitation that he was entitled to under the underlying order. She is notified on the date that she violated that specific order.

We are withdrawing Violation Number 3, Judge, because, in fact, we have August 27th in there as opposed to August 28th. That is simply an incorrect date.

Then on Violation Number 4, Judge, the -- she has intent -- she enrolled the children in a school other than that designated by Mr. Harrison. She has been put on notice that this is the violation that she violated. She knows how she violated that violation for all -- for that provision.

Judge, additionally, on each and every one of these what opposing counsel is arguing is not exactly what is said in the Family Code. It says very clearly that if applicable the time of each occasion of Respondent's failure to comply. To the best of my knowledge, we have put in here when she has failed to comply.

So, Judge, for all of those reasons, none of the argument of opposing counsel is relevant with regard to a dismissal. It will go to the weight

29 December 4, 2014 and not to the underlying validity of the contempt itself.

Judge, with regard to October 13th -- MS. RAZAVI ZAND: If I may, Your

Honor, would it behoove -- MS. WICOFF: Judge, could I just get through my argument -- THE COURT: Hold on. MS. WICOFF: -- please? THE COURT: I don't know what she's

requesting. MS. RAZAVI ZAND: Would it behoove -- would it be beneficial if we argue this enforce -- the first enforcement first and then go to the second and I can counter her argument, or would you like me to wait?

THE COURT: I would like you to wait because you set it up as far as arguing both. So, I'm going to allow Ms. Wicoff to respond --

MS. RAZAVI ZAND: Thank you. THE COURT: -- to both and then you

can reply -- MS. RAZAVI ZAND: Thank you. THE COURT: -- to her response. MS. WICOFF: Judge, on the second

30 December 4, 2014 enforcement we make it very clear that it -- when each one of these violations took place. The dates are in there. We have -- we set forth the order that it 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.

Each and every date that she violated that is reflected in here, and we have reflected where she violated it or how she violated it. She is on ample notice of exactly what she did in not following these Court's orders.

THE COURT: And with regards, Ms. Wicoff, to counsel's argument regarding Number 2 that was filed on October 13th, 2014 wherein she states that her client is not on notice as far as what jail time you're requesting.

MS. WICOFF: Well, Judge, certainly there is a typographical error in there and certainly we would waive any 120-day request and would ask for the lesser amount.

Additionally, Judge, the argument that she doesn't know whether it is consecutive or concurrent really is a disingenuous argument. Had we wanted these to run back to back, believe me, Judge,

31 December 4, 2014 we would have set that forth. It says very clearly in the first contempt, it says Movant requests the Respondent be confined in the county jail for 90 days, not 90 days per violation. Ninety days.

Additionally, Judge, the same language is used in the second contempt; and as I say, we are not seeking 120 days. We are seeking 90 days. So, certainly she knew that we were requesting at least 90 days; and we are waiving the 120 days.

THE COURT: Okay. Your response? MS. RAZAVI ZAND: Your Honor, as far

as -- let me go back to Enforcement Number 1. I think that Ms. Wicoff actually confused my argument on Violation Number 1. Specifically, it's not pled properly. To put her on notice is what she failed to do. It states in Violation Number 1 that she failed to adhere to the permanent injunctions relating to discussing the divorce litigation.

The proper way to plead it, Your Honor, is that Connie Harrison discussed litigation with the son on a date certain, not that she failed to adhere to a permanent injunction. Because it has to actually state what she did to -- that what she actually did that -- that she didn't actually adhere

32 December 4, 2014 to the permanent injunction. As far as Violation Number 2, Your Honor, on August 15th Clifford Layne was denied access to the minor children. Again, it doesn't state here how Respondent actually violated the order. The language -- there's supposed to be surrender language in here. The proper way to plead it, Your Honor, would be that Clifford -- that Connie Vasquez Harrison failed to surrender the children on this date at this time that actually adheres to the order. It doesn't state that what -- what she actually did here. It only states that he was just denied access to the children.

Violation Number 3, again, that -- they withdrew that violation. THE COURT: Correct. MS. RAZAVI ZAND: And as far as

Violation 4, again, Your Honor, that violation is not specific enough.

But, in totality, my client's due process would be violated if we moved forward on this motion because the order has to state if the jail time is going to be concurrent or consecutive. It has to state a fine amount. If the fine amount is over $500, my client's right to a jury trial would be

33 December 4, 2014 invoked. At this time, I don't know whether I can or can't invoke her right to a jury trial.

The same thing with -- with the motion for enforcement, the second one that was filed in October 13th, 2014. It's the same thing, Your Honor. There is no fine amount in there. It doesn't state that it's -- the jail time, if the jail time is consecutive or concurrent. It has to state that. It's a requirement to state that, to put the Respondent on notice.

With regard to Ms. Wicoff's stating that it's a typographical error, there cannot be typographical errors in a motion for enforcement. It's a quasi criminal proceeding, Your Honor. These types of things get appealed immediately for failures to have this stuff in the actual motion.

They must plead with specificity, and they don't actually state in both enforcements whether the contempt that they are seeking is civil or criminal. And, Your Honor, that does make a difference because, again, her right to a jury trial would be invoked. And for civil contempt she can actually stay in jail for a lot longer than that with regard versus a criminal contempt.

So, at this time, again, I reiterate 34 December 4, 2014 that Ms. Wicoff cannot cure any defects on an oral motion. If she has any defects in the pleadings, they have to be repled. My client has to be re-served again. She cannot cure her defects on an oral motion and on an oral motion to dismiss.

So, again, Your Honor, I reiterate that with the Court's request that the -- my motion to dismiss be granted on both enforcements.

THE COURT: Okay. Ms. Wicoff? MS. WICOFF: Your Honor, if I may

just close. What she is arguing is special exceptions, and she has no special exceptions filed. MS. RAZAVI ZAND: Your Honor, you actually do not have to file special exceptions on a motion for enforcement. In fact, you can actually waive your special exceptions to do a motion to dismiss. You do not -- you absolutely do not -- if you'd like me to find the section of the Code --

THE COURT: I would because this entire time I've been sitting here thinking just that, that why wasn't this raised on special exception. However, I realize you were retained 36 hours ago. So, I thought perhaps that was why --

MS. RAZAVI ZAND: No. 35 December 4, 2014 THE COURT: -- they had not been raised. MS. RAZAVI ZAND: The reason why special exceptions were not filed, Your Honor, is because that gives them an opportunity to replead. That's me telling them how to practice law, Your Honor; and it allows them to replead and re-serve my client without having to do a special exceptions. You can do a motion to dismiss the entire proceeding, and double jeopardy attaches after the clients -- after the parties have been sworn in.

And if the Court can give me a moment, if you'd like me to find that section. THE COURT: Sure. MS. RAZAVI ZAND: Oh, and, Your

Honor, actually, I'm sorry, special exceptions falls under Civil Procedure Rule 191. There are two separate sections for special exceptions. One in family law. One in civil law. In family law, Your Honor, it's a -- it's a may provision. In civil law it's a shall provision wherein you are required to file a special exception and if you don't, it's waived. In family law you are not required to file it along with -- I have copies of a case, Your Honor. I don't know if you want to take a moment to review,

36 December 4, 2014 and I can provide it to opposing counsel as well. You do not waive defects in pleading even up until appeal at this point.

THE COURT: Thank you. MS. RAZAVI ZAND: Your Honor, it may

help if you turn to the second to the last page. The first paragraph starts with "Thus," and just let me know when you're ready.

THE COURT: The first paragraph starts with what? MS. WICOFF: The second to the last page? MS. RAZAVI ZAND: The second to the last page -- I'm sorry -- page 6 from the front. THE COURT: Okay. MS. RAZAVI ZAND: I'm sorry. The

pages aren't numbered, Your Honor. THE COURT: No problem. I'm there. MS. RAZAVI ZAND: The first paragraph

starts with "Thus." The second paragraph says: Further, the Texas Family Code does not require a special exceptions or other objections as a predicate for a complaint about inadequate notice, rather it requires that a specific type of notice be given in enforcement and contempt motions. While Section

37 December 4, 2014 14.311(f) -- and, Your Honor, that section has now been recodified in Texas Family Code Section 157.064 which is this special exceptions section. While Section 14.311(f) does state that an alleged contemnor may file special exceptions to a motion to enforce, it does not require it, unlike Texas Rules of Civil Procedure 90, which does require an objection to preserve pleading defects for an appeal.

So, it's not required by the Court, Your Honor. MS. WICOFF: Judge, but more importantly, what happened here was this gentleman -- it's a child support.

THE COURT: Right. MS. WICOFF: And what happened was

this gentleman was served with an enforcement that said see attached Exhibit "A" and Exhibit "A" wasn't attached. That couldn't have been cured.

So, for those reasons, Judge, I just don't think this is -- this is not anything close to what we are dealing with today.

MS. RAZAVI ZAND: Your Honor, that's a codified section of -- it's a codified section of the Code. You are absolutely not required to file special exceptions to a motion for enforcement. You

38 December 4, 2014 do not waive it. You don't even waive it if you don't file it on appeal.

And with regard to whether it's a child support enforcement case or whether it's a possession and access case or injunction case for purposes of the motion for enforcement, they're all motions for enforcement.

And, Your Honor, I even have a CLE that was done by Judge Rick Ramos at the time present with me here today that he also states in his CLE with all the Judges at the Texas Family Conference you do not have to file special exceptions prior to that.

MS. WICOFF: With all due respect. THE COURT: Hold on one second. Ms. Hughes? MS. WICOFF: I'm sorry. MS. HUGHES: Section 157.064 of the

Family Code is what addresses the special exceptions. THE COURT: 157 what? MS. HUGHES: .064. And it just

discusses if they do and if one is sustained. MS. WICOFF: It certainly doesn't apply to a request that it be dismissed, Judge. She is on ample notice of every violation that we have

39 December 4, 2014 set forth. MS. RAZAVI ZAND: And, Your Honor, that's the first prong of my argument. The second prong of my argument was that she is not put on notice with regard to whether her right to a jury trial has been invoked. Those are her due process rights. She needs to know if she's going to be jailed for a consecutive amount of time or a -- for the jail time to run concurrently. The fine isn't even listed in the motion, Your Honor, on top of the fact that the second enforcement says she's going to be jailed for either 90 days but in parentheses says 120 days. You can't cure those types of defects on an oral motion.

MS. WICOFF: Judge, if we had wanted to have 90 days per occurrence, it would say per occurrence. It very specifically says 90 days. I don't know what is not understood about that specific term. It's a disingenuous argument, Your Honor.

THE COURT: Okay. Anything further? MS. RAZAVI ZAND: She hasn't listed

it as civil or criminal contempt, Your Honor. If they do actually run concurrent -- I'm sorry -- consecutively, Your Honor, my client's rights to a jury trial would be invoked.

40 December 4, 2014 THE COURT: Okay. After having heard the oral argument before me, the Court is going to deny the request to dismiss this action. However, the Court, having heard your argument, perceives your argument to be a special exceptions that we are now having a hearing on; and with regards to the exceptions that you have made, this is the following ruling of the Court: With regards to Violation 1 --

MS. WICOFF: I'm sorry. Which contempt are we on, Judge? THE COURT: We are on -- I apologize. Somehow one of the contempts has moved and is hiding from me. It is the -- I don't know where the other one went.

I'm reviewing the one that is September 2nd, 2014. And with regards to the pleadings as to regards to Violation Number 1, the Court will sustain the special exception and request that, Ms. Wicoff, that you replead Violation 1 to state specifically what she failed to do.

With regards to Violation 2, the Court again will sustain that; and if you'd replead stating what she failed to do.

With regards to Violation 3, you've passed that. 41 December 4, 2014 With regards to Violation 4 -- and if you, obviously, if you reassert 3, then in your -- MS. WICOFF: And we will. THE COURT: -- your new pleadings and

you will likely want to consult with opposing counsel before you-all come back down of any issues with that.

With regards to 4, the Court is going to deny that special exception. With regards to the special exception asking for a specificity as to whether or not the contempt sought is civil or criminal, that will be sustained.

With regards to the request for any fine amount if requesting a fine, that is sustained. With regards to indicating whether or not it's consecutive or concurrent, if you're asking for more than -- if you're asking for jail time to be ordered by this Court on more than one violation, then the Court is sustaining that, and you do need to tell me whether or not it is consecutive or concurrent.

MS. WICOFF: All right, Judge. THE COURT: With regards to -- and

that's everything regarding the first motion for 42 December 4, 2014 enforcement. And I apologize, Ms. Wicoff, can you give me the date of the second one again? MS. HARRIS: 10/13. MS. WICOFF: 10/13, Your Honor. THE COURT: I have three motions

open. So, one of them somehow got lost. Okay. Now back on 10/13/2014, with regards to the oral motion regarding this pleading that -- to dismiss this cause of action, that is denied.

The Court, however, will interpret your argument to be a special exception; and the Court will make the following rulings on your special exceptions.

With regards to Violation 1, the Court will grant the special exception to Violation 1 as to -- as to the lack of including willfulness in the violation. With regards to -- and also to the place. You need to include the place of the violation. With regards -- with more specificity.

With regards to Violation 2, that is sustained as to the place of the violation and also including willfulness.

With regards to 3, is 3 the -- 43 December 4, 2014 MS. WICOFF: It's the communication in writing, Judge. THE COURT: And you've attached the writing; correct? MS. WICOFF: I'm sorry? THE COURT: And you attached the

writing, Ms. Wicoff? MS. WICOFF: We did not attach the writing. We're going to use it as an exhibit, Your Honor.

THE COURT: Okay. So then with regards to 3, it is sustained as to place, willfulness and also -- place and willfulness.

With regards to 4, same thing. So 3 and 4 are the same. Then with regards to the special exception as to specifying whether it's civil or criminal contempt, that's sustained.

If there is a fine being requested, list the fine amount. That's sustained. And if the jail time in this one, if you're only requesting the 90 days, then the numeric value that's listed needs to reflect the written value; and also again let me know whether it's consecutive or concurrent and also let the Respondent

44 December 4, 2014 know whether it's consecutive or concurrent if it's -- you are requesting jail time for more than one violation.

Okay. With that being said, now we have -- Let's go off the record. ( Discussion off the record ) THE COURT: Ms. Harrison, can you

come on up? MS. HARRISON: Oh, certainly. THE COURT: Thank you. ( Whereupon the witness was sworn to re-appear by the clerk ) THE COURT: And, Ms. Harrison, when

she says "no notices," that means from this Court. That doesn't mean -- perhaps you and your attorney may have your own communications, but just to be clear, the Court is not going to send you any further notice of this hearing.

MS. HARRISON: Oh, sure. THE COURT: Okay? Okay. Then with that being said,

let's go ahead and address the possession and access. So, that's your motion? MS. HUGHES: It is.

45 December 4, 2014 THE COURT: So, you may proceed with that and call your first witness if you're ready at this time.

MS. HUGHES: Your Honor, mine is more a -- just a presentation to the Court, if that's okay.

THE COURT: Okay. Sure. MS. HUGHES: As this Court's aware,

on September 3rd it entered orders that denied the mom, Ms. Harrison, any possession and access with both children. It's my understanding that there have been several brief encounters. I've met with the children, I think, at least twice now since that order was entered. They would like to visit with their mother. My concern is I've not had the opportunity to meet with Ms. Harrison to figure out what's been going on the last several months, dating back to July when there was an incident. So, at this time I would be requesting supervised possession and access for the mom and the children until we figure out what's been going on.

THE COURT: Okay. And have you talked with the parties about what you -- how you think that that could accommodate their schedules?

MS. HUGHES: There's a gentleman, 46 December 4, 2014 David Tristan -- THE COURT: Okay. MS. HUGHES: -- who I've used a

handful of times on various cases. He's usually fairly flexible. Obviously I think second and fourth weekends are maybe more free time with that scheduling, and my experience has been he will do the visits anywhere except for a parent's home. So, whether it be a movie theater, the zoo, the Children's Museum, the mall. His cost, if I can look at my phone briefly, Your Honor --

THE COURT: Sure. MS. HUGHES: -- is $50 per hour with

a two-hour minimum. THE COURT: Does that include all costs? Sometimes there's travel fees and so forth in addition to that.

MS. HUGHES: That's all that he indicated when I requested what the cost was. THE COURT: Okay. Anything further, Ms. Hughes? MS. HUGHES: No, Your Honor. THE COURT: Okay. Ms. Wicoff? MS. WICOFF: Yes. Your Honor, we -- as I understand it,

47 December 4, 2014 the reason Ms. Hughes hasn't been able to meet with Ms. Harrison is not because Ms. Hughes has not requested it, but that Ms. Harrison has not made herself available throughout this entire period of time.

Additionally, Judge, we really are not comfortable with Ms. Harrison having access at this time. I do not know Mr. Tristan. I will rely on Ms. Hughes' position; but certainly, Judge, this -- the ruling that Judge Newey put into effect was after we retrieved the children through a habeas corpus. I'm very, very concerned about Ms. Harrison making comments; and had you seen the exhibits today, you would understand what my concerns are with regard to her comments. I would hope that this gentleman has the ability and is absolutely authorized if the Court orders any periods of access; and if they do, I would ask that it be limited to a two-hour period on a second and a fourth weekend.

But if the Court orders any periods of access, certainly this cost must be borne entirely by Ms. Harrison. She created this issue. She is responsible for it, and she should be paying for it. She is an attorney. She is not indigent. She has hired private counsel for this hearing; and, so,

48 December 4, 2014 Judge, I would -- I would defer. But I honestly am not comfortable at this time, Judge, with Ms. Harrison having access; and certainly if there is any, it must be supervised and it needs to be paid for by Ms. Harrison.

THE COURT: Okay. MS. RAZAVI ZAND: Your Honor, at the

hearing -- prior to the September 3rd hearing my client has had custody of these children. In fact, she had sole custody for a period of time due to a conviction of family violence; and that was a finding in this court. In the summer of 2014 there was another incident of family violence in front of the children -- in front of one of the children. The reason why they -- Mr. Harrison got custody was not on the basis of a hearing. It was a default that my client didn't show up to. And in that transcript, the transcript, it specifically says that she's not here at the hearing and that's why he's granting the request that they are asking for.

My client has not shown to be any danger to the children. She's been the primary caretaker of the children.

With regard to funds, Your Honor, my client does tutoring. Mr. Harrison has shut out my 49 December 4, 2014 client from any access to any finds. She paid me with a credit card on a friend's card, and she does not have the money to litigate this case the way Mr. Harrison has done. He has spent hundreds of thousands of dollars to litigate this case; and he, in essence, is using the fact that he has access to millions of dollars to relitigate issue after issue after issue and bombarding her with litigation. It's an abuse of the process, Your Honor.

So, as far as supervised visits, my client cannot afford supervised visits, to have continuing supervised visitation. The hearing that they had, there was no showing that they met any burden that custody should have been switched at the time. It was only based on a default.

THE COURT: Ms. Hughes? MS. HUGHES: Thank you. With respect to Mr. Tristan, he

monitors the visits within line of sight, within verbal. There's no whispers or private communications permitted.

Judge, my concern is if visits don't occur, then I'm going to reurge the designation of a mental health evaluation because I don't know that you can go into a trial without parents, a parent,

50 December 4, 2014 not having had any access to children which would then be four and a half, five -- five months and not -- I don't know how you can have a trial in that capacity. So, if the Court's inclined to deny it, I'm going to reurge; and if I have to file appropriate motions, I will, on the mental health evaluation.

THE COURT: Okay. Ms. Wicoff? MS. WICOFF: Judge, if I may just

state, first of all -- and I cannot let what opposing counsel who has been on the case for 36 years -- 36 months -- days --

MS. RAZAVI ZAND: Hours. MS. WICOFF: -- hours, I guess, as

opposed to the case that I've been on for eight years, I cannot let her misstatements go by.

Her suggestion that Mr. Harrison has millions is so ludicrous I can't -- I can barely contain myself. The gentleman owes our firm $180,000. I am here because I believe in his cause and because I will work with him until the end of the earth to do what I think is appropriate.

Ms. Harrison has caused since we had a Mediated Settlement Agreement that she violated in January that resulted in Mr. Harrison incurring

51 December 4, 2014 $98,000 in fees since January, it is her doing. She is a licensed lawyer. I don't care whether she tutors or whatever else she does. She has the ability to do something other than create total unequivocated havoc in this litigation.

And if she wants to see these children after what she did -- and they say it was a default. She was sworn to return. She elected not to show up. So, Judge, the reality of it is I apologize to opposing counsel, but she doesn't know what she's talking about. That's the bottom line. The fact is she didn't appear. She had the ability to appear. She had an attorney there who told the Court -- and it's in the transcript -- that he had not been authorized by Ms. Harrison to say anything.

So, Judge, if she wants to see the children, she needs to come up with the funds to do so.

MS. RAZAVI ZAND: And with regards to my client not showing to that hearing, Your Honor, that was on the advice of a criminal defense attorney. For whatever reason, her attorney at the time advised her to go to a criminal defense attorney on a motion for enforcement; and that criminal defense attorney advised her not to show to that

52 December 4, 2014 trial occurrence. THE COURT: Okay. MS. RAZAVI ZAND: Don't ask me why. THE COURT: After having heard the

argument before me on Ms. Hughes' motion for possession and access, the Court will grant supervised possession and access to occur according to Mr. Tristan's availability on the second and fourth Saturdays of each month through the trial setting in January. And the periods will be for two hours, and Mr. Tristan will have the ability to terminate the period of possession and access if he feels that the visitation is inappropriate or the actions during the visitation are inappropriate.

Accordingly, Mr. Harrison, you're ordered to comply with and cooperate with Mr. Tristan's availability and scheduling and to make the children available on those Saturdays as designated by Mr. Tristan.

MS. HUGHES: And, Your Honor, to clarify, you said on the second and fourth Saturdays, but do you mean --

THE COURT: Correct. MS. HUGHES: -- the Saturdays that

follow the second and fourth Fridays? 53 December 4, 2014 THE COURT: Yes. MS. HUGHES: Okay. I just wanted

to -- THE COURT: Yes. MS. HUGHES: It's a little dicey. THE COURT: I'm being lazy. MS. HUGHES: No, you're not. THE COURT: But, yes. MS. WICOFF: And the costs, Your

Honor? THE COURT: Yes. And the costs are going to be bore by the -- by Ms. Harrison 100 percent, and they will be payable to Mr. Tristan according to his instructions. If he requests to be paid at the beginning of each visitation, then you're going to have to adhere to whatever instructions he provides to you. If he wants payment in money order, down to the finite details, those will be pursuant to his instructions.

Anything further? MS. RAZAVI ZAND: Nothing further,

Your Honor. THE COURT: Ms. Hughes? MS. HUGHES: No, Your Honor. I think

that addresses it. 54 December 4, 2014 MS. WICOFF: I believe that's it, Judge, yes. THE COURT: Okay. Then you-all are excused. Thank you for working through your lunch hour so I could get y'all heard.

( Conclusion of proceedings ) 55 December 4, 2014 STATE OF TEXAS COUNTY OF HARRIS

I, Marilee M. Anderson, Official Court Reporter in and for the 311th District Court of Harris County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me.

I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.

I further certify that the total cost for the preparation of this Reporter's Record is $ and was paid/will be paid by .

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 U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k U no ff i c i a l  C op y  O ff i c e  o f C h r i s  D an i e l  D i s t r i c t C l e r k

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

§ HARRIS COUNTY, T E X A S CONNIE VASQUEZ HARRISON

§ §

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 July 27, 2004 Birth date: 4. This Court has continuing, exclusive jurisdiction of this case as a result of prior

proceedings. ^[1] Page 1 of 10 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: The "Interim Agreed Order" (April 10, 2014 - present)

a. 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. Parents Who Reside 100 Miles or Less Apart (c)

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. Injunctions as to Persons Permanent

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" The "Additionai Temporary Orders" (May 30, 2014 - present) b. 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

te, Briargrove which CLIFFORD LAYNE HARRISON's residence is zoned, 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

in schoo I. On or to adhere to the court's order pertaining to' the children's enrallment 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,

the agreement, consent or knawiedge of CLIFFORD LAYNEHARRISON, or further withaut 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.

is set to be heard on September 3, 2014. The filing of this Further, a third enforcement 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 via electronic mail

LAW OFFICE OF SARA RAZAVI RAND

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 VASQUEZ HARRISOII HARRIS COUNTY, T EXA S I

I

AND IN THE INTEREST OF I JOHN ERNEST LEE HARRISON, II AND § VlCfOlUA HARRISON I

J IA/ I 311TH JUDICIAL DISTRICr l~ MREEDOD,E!'; ON PAREftT-a,tUOI5SUES b. J!lto,,! .. ~.tectSettlement~Aareement··' On January 29 f 2014 t dtepartieSttl -r8Olvitl.panmr-ddlcniiUii"'.;"ffi'efiiirift tile .amant Is effedIve case. AlthO•• beglnni •• n•• .., 29, 2014 ^[1] 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.

P.lof25 71923!J.1 EXHIBIT A ChHd,." The following ordeB are for the safety and welfare and In the best Interest of the folioMns children: JOHN ERNEST LEE HARRJSON, " Name: 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: to receive information from Inv other conservator of the dlUdran the rflht 1. 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; the light to consult with a physician, dentist, or psycholoaJst of the dliidreni 4. the risht to consult with school offIdaJs concemtn8 the cblldren's welfare and 5.

educational status, Jncludlng schoot activities; the right to attend school actlvftles; 6. the rraht to be designated on the children's records as a person to be notified In 7.

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 the ri&ht to manage the estates of the children to the extent the estates have 9. 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: the duty to Inform the other conservator of the children In a timely manner of 1. significant infonnatJon concemlnl the health, education, and welfare oftha children; and 2. the duty to 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 charpd with an offense for Ytilidi on conviction the penon would be required to Qlnutly If IS OlIlERiD.that this information .shIft be tendered In the form •.••• erundw that chapter. 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 TH§14ang. lHI9MlBYAmBFWmllCMDI Iwa_lIIII!fIo(f'II!Id~"'.lKfIIlIgff'lllRltlr

ITIS ORDERED that, durinltheJr periods of possessfon tUFFORD LA.E HARRISONand CONNIE "ASQUEZ HARRISON,as parent Joint manallnl conservators, sha" each have the following rlgh1sand duties: the duty of care, control, protection, and reasonable discipline of the children;

1. 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; the f18htto consent for the childrento medical and dental care not tnvolvina an 3. Invasive procedure; and the rlsht to dIrect the moral and reValous tralnln, of the children. 4. '.30125 119239.1 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; the joint rlsht, subject to the agreement of the other party, to represent 5. 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; the exclusive rlaht to make decIsions concerning 1ha chftdren's education, 7. 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

Pap 4 0125 719239.1 II,., gmI DutIa fllClJFFOBD lAl'lIEHNlBJSQN

ITISORDERED that 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 ORDERED that Dr. Nicholas Undsay shaJl remain the children's primary care pediatrician. the joint rIsbt,subjett of the other party, to consent 2. to tile apement 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;

the Joint richt;iUbj8i:f tO~the apementd th"~~;U;~;";;rtV~~;;

r~~~~";h~"'"

3. 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.

P.eSof25 119239.1 ------- 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 CUFFORDLAYNEHARRISON wishes 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 this Modified Possession Order. IT 1$,THEREFORE,ORDERED: effective Immedlate'yand appftu to aI!periods of possession oecum,. on al'ld Ifter the

In thIs Modlfted Possession Order IIschool" means the primary or 1. 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, whether one or more, who is • subject of this suit white that child '5 under the ase of eighteen years and not otherwise emanc;lpated. (bJ Mutual Aareement or Specified Terms for Possession

IT ISORDERED that 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. 'arents Who Reside100 Miles or LessApart (e)

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, CUFFORD lAYNE 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

P.6af2S 119239.1 time th&dtnd- l s-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 flrst ^[8] 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 HARRISON Ile&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

.. ~J~!"~,.4~YJ~rnt G~,R·md,a:tthe. precedinathe..•~~.~~.J~r '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 dudns the 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.

Thursdays- On Thursdavs of 81th week durinl the regular .school 4. term, bellnnl", at the time the child Is dismissed from school and ending at the """of

~~.

time the child Is returned to school tt\e fallewlns ••••rnilli."'''' Spring Vacation In Even-Numbered Years - In even-numbered 5. 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 Extended Summer Possession by CUfFORD lAYNE HARRISON - 6. With WrMeti Notice by Aprill. .• tf a.rmJRD LAYWIHMRfSON _-

CONNIE VASQUEZ MRtUSON written notlceby Aprfl1 of a yur speclfylna an lads of summit' possession for that year, CUFfQRD extended plt'ksG Of' •• 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 ••• bealnAfnaand emllnl at ,:CO p.man each appI.alhre .,.specIfied In the consecutive days each ••with each period of ~ton written notice. Tltese periods of posse$sioJt sbalbegln and end at ':00 p.m. on

ctav. each a_table Without Written Notice by Aprd 1 ••If CUFfClO LAYNE IIARRfSON does notal- CO,.. VASQUEZIfARRISON written notice by AprU l. of a yelr perlod.OI' parted,of summer p'-on·for that year, spedfVIne an exten~ 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$!

Sprinl Vacatfonfn OdHumbertdYears •• In odcklumber. years, 1. 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.

Summer Weekend Posse.ssfon. by CONNIE VASQUEZ HARRISON - 2. ,fCONflEVASQUUNARIUSONgi. CUFFORD LAYNE HARRISON written notice D, AprIlS of a year l CONNIE VASQUEZ 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. Extended Summer Possessfon by CONNIE VASQUEZHA.I5ON ·If

3. CONNIEVASQUEZ HARRISON lives QlFfORD LAYNEHMRISON written notIce by AprfilS of a year or lIVes CUFfORD LAYNE HARRISON fourteen days· written

pqe 8of25 719239.1 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.

Parents Who Reside More Than 100 Miles Apart (d) 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 ".,.t to possession of the child as follows:

1. W.~, UnJe$5....CUFfOROlA.E·HARftISQN ·eledJthe describedJn. the next alternative period of 'WH1cend ~ .~ 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, 1tIfrd t artd _FrIday afeadl manth and re.sumes after the weekend, and on ending at the time the c:hlld's _oot 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 '11, GIfFORD lAYNE HARRISONshall have the descr1bedirl theforqoma •••• 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 by giving written notice to for tfds alternativeperlod of weetcendpoassJon 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 ,.9 of 25 719239.1 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 QJFFORD lAYNE 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.

Extended Summer Possession byaJFFORD lAYNE HARRISON- 4. 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:

,.lOof25 1192119.1 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::oNNll VASQUEZ HAlRlSON 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.

ExtendedSummer P-.fcm hyCO,.NlI VASQUEZ HARRISON -If 2. CONNIE VAlQUEZHAI~I~gA~,IAYNEIIM8IION·wrltten notICe - by AprIllS of it veaf, CONNE VASQUlZHARllSON 1M, 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

shaff ,.0 and end at 6:00 p.m. on HARRISON·s period or periods of extended summer PO$sessiolli or with Father's Day possession. These periods of~on each .ppllcable day.

HoUdays Unaffected by Distance te) NotwJthstandlna the weekend and Thursday periods of possession of CUFFORD LAYNE HARRISON, CONNIE VASQUEZ HARRISON and aJFFORD LAYNE HARRISON shall have the rJ&ht to possession of the c:Nld as follows: Christmas HolIdays In Ev•.•• umbe•.•d Years .• In even-numbered

1. ,ean,CON.'E YASQUEZffAlllSON shift havetherisht to possession of the the ame the mId's schoo' ISdlsml$Sed for tne Christmas ddld beam' ••• 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. Christmas Holidays In Odd·Numbered Vears • In Gdd-numbered

2. years, GIFFORD LAYNE HARRISON shall have the riBht to possessron of the child Pap 11 of 25 719239.1 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.

thlmksaiVlnlin Odd-Numbered Years - In odd-numbered years. 4. 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,. ~ •. (Y(1Se entitled .. under this

5. <l1Ifd l s8idl\daY- If ~ .~~t~n.~ Modlfted Possesam Omef to·· present possession of a child on the chUd's bIrthday, that parent shall haveposHs$lon of the child and the chUd's minor siblinas besfnninl at 6!OOp.m. and endin, at 8:00 p.m. on that daV, provfded that that parent picks up the children from the ather parent's residence and retums the children to that same place. Father's Day - QJFFORD lAYNE IfMRISON shall MYI the rilht to

6. possession of the child each year, beglnoma at 6:00 p.m. On the Friday PI"", Father's Day and endllll at 8:00 a.m. an thl Monday alter Father$ Oav,pn:Mded that If CUFFORD lAYNE HARRISONis not otherwiJeentitfed Wldertltfs Modified Poue5slon Order to present possession of the chlrd. he shalr pki up the child from CONNIEVASQUEZ IfARRISON's res1ctence and return the child to that same place.

7. Matherts Day • CONNIE VASQUEZ flARRlSON shall have the rlsht to possession of the child each vear,bqinnlnllt the time the child's schoalls dismissed on the Frldav preceding MotJ.Ien Day ami endlns at the time the child's schoof resumes after· Mothers Day, pravided that ·If CONNIE VASQUEZ MARMION is not otherwise entitled under Ws Modiftad Possession Order to present possession of the child, she shall pick up the child from aiFFORD lAYNE HARRISON'sresidence and return the chUd to that same place.

Undesl&nated Periods afPossessJon (f) alNNIE VASQUEZHARRISONshall have the rlpt of possessJon of the chlrd at an other times not specifically deslanated in this Modifled PossessIon Order for CUFFORD lAYNE HARRISON. 'l1li120125

719239.1 (II General Terms and Conditions Except IS otherwise expressly provided In this Modified Possession Order, the terms and conditions of possession of the child that apply reprdless of the distance between the residence of a parent and the chid are as follows:

1. SuiTeitder of Child by CONNIE VASQUEZ HARRISON • CONNIE VASQUEZ 1lANUS0N Is ORDERED to surrender the mifd to aJFIORD lAYNE HARRISON It the be&innlnl of each period of aJFFORD LAYNE HARRISON's possession It the residence of CONNIEVASQUEZ HARRISON or Second Baptist School when applicable.

If I period of possession by aJFFORD lAYNE HARR'SON begins at the time the chUd'sschool Is dismissed, CONNIEVASQUEZ HAMISOH JsORDERED to surrender the child to CUFFORD lAYNE HARRISONat the bealnninl of each such period of pos~.at the school In which the child is enrolled. If the child is not tn school, CLIFFORD lAYNE HARRISON shall pick up the child at the residence of CONNIE VASQUEZ HARRISON at 6:00 p.m., and CONNIEVASQUEZ HARRiSON is ORDERED to surrender the child to QJFfORD lAYNE HARRISON at the residence of CONNIE VASQUEZ HARRISON at 6:00 p.m. under these circumstances. Surrender of ChIld by CLIfFORD IA_E HARRISON • CUFfDRD

2. lAYNE HARRISON Is ORDERED to surrender the child to CONNIE VASQUEZ HARRISONat the residence Of~..

. .••• HARIISON or Second Baptist School when appbbleet the e ..Weach periodof~fon. ~" VAI~I If a period of possession by CUFFORD lAYNE HAIlNSON ends at the time the dtUcrs'schooI resumes, QlFFORD &AYNE HARRISON is ORDERED to surrender the child to CXJNNIE VASClUEZ HAllRISON at the end of each such period of possession at the sdloolln which the dlild is enroBed or, Ifthe child Is not In school, It the residence of CONNIE VASQUEZ HARRISON It 6:00 p.m.

3. Retum of Child by CUFFORD lAYNE HAMISON .•aJFFORD ",YNE HARRISON Is ORDEREDto return the child to the restdence of CONNIE VASQUEZ HARRISON or the school as desfpated In the possessfon order at the end of each period of possession. However, It Is ORDERED that, I QIFFORD lAYNE HARRISON moves outside of Hlrrls County, Texas, aJFFORD LA_E HARRISON shalf surrender the child to CONNIE VASQUEZ HARRISON at the residence of CONNIE VASQUEZ HARRISON at the end of each period of possession or at the children's school If the period of possesslon ends at the time school resumes.

PIliJl!Uof15 4. Return ofChifd bVCONNIE VASQUEZ HARRlSON • CONNIE VASQUEZ HARRISON Is ORDEREDto retum the cNl.d to CUFfORD lAYNE HARftlSON1·jfCUffORD tAYNE HARmSON is entitled to possession or the entfd! at the end meith of CONNIE VASQUEZ HARRtSONtsexctusive periods; of possession, at the place desIgnated In this Modified PQssessfon Order.

5. Personal Effects· Each conservator Is ORDEREOto return with the child the personal effects that the child brought at the beginning of the period of ..;o.fk. tJ,JJ posse$SJon'~jAh!L

6, Des,gna~n of Competent Adult - Each conservator may deslgnate any competentadu,;I;; pk:k UP and rMurn the chUd, as appUcabfe. IT 1$ ORDEREDthat a conservator or a designated competent adult be present when

4- ~ tAJJ the chUdis picked up or returned. ~ 7. InablJityto Exercise Possession· Each conservator 15 ORDEREDto alve notice to the person in possession of the child on each occasion that the conservator wlJl be unable to exercise that conservator's right of possession for any specffled period.

8. Written Notice - Written notfce, includin, notite provided bV electronic mail or facsimile} shall be deemed te -have been timely made If received or, If applicable, postrnarked before or at the time tbat notice Is due. Notice to School and (.oft"'1£ VASQuez HARRISON· If CUFFORD

9. LAVNE HARRISON's time of possession of the thlld ends at the time school resumes and for any reason the child Is not or witi not bel'eturned to schoof, CUffORD LAYNEHARRtSONshal' immedIately notify the school and CONN'! VASQUEZ HARRISON that the chUrl wUI natba or hitS not been returned to smool.

This concludes the Modified Possesslon Order. 2. Duration

The periods of possession ORDERED above apply to each child the subjett of this suft while that thUd is under the age of eighteen yeal'Sand not othetWlse emancipated. Child Support IT IS ORDERED that CUFFORD LAYNE HARRISON Is obngated to pay and shalf pay to CONNIE VASQUEZ HARRISON child support of Two Thpusand One Hundred Thirty-Seven and 50/100 ($2,137.50), with the first payment being due and payable on February 1,2014 and a like pavment beIng due and pavabre on the 1st day of each month thereafter until the first

Page 14 of 25 719239.1 month fotrowinl the date of the earliest occurrence of one of the events speclfted below:

1. any thUd reaches the ase of ellhteen years or graduates from hlah schoor, whichever occurs later, subJKt to the provisions for support beyond the •••. of .Ishteen years set out below; any child marries;

2. 3. any chId dies; the child enlists In the armed forces of the United States and bealns active 4.

service as defined by section 101 of title 10 of the United States COde;or any chlld's disabilities are otherwise removed for general purposes. S. Ttlemftel, CUFfORD lAM HAMISON il ORDIRm to pay to CONNlI VASQUEZ

HARRfSON.d1lldwp~.!f!mfffJ)IU_d,SeYtn.Hundted:ren and No/100 00JJars f$1,71fUll) .ptir .month, due and ,ayablecm the 1st ctav of Ute first montllimmediately foflowtns the date of the earliest .~ of one of the events lPeclfied above for the child ami 1 Db sum of $1,710.00 due and payab. On the ltt day of each month thereafter unti. the next oecurreace of one oflne events spedtled _vefor·""· child.

Withholding frpm lamina IT II OII.lEM!D that any employer of CUITOID lAYNE HARRISONshaH be ORDERED to

witN-.ofd from -ninIS for chid support. fmm the disposable eaminas of CLIFFORDLAYNE HAMfSONfor the JUpport of JOHN ERNEST LEE HARRISON, II and VICTORIA MADEUNE

HARRISON.

empJoyersftaU constltute it aedit .ft. the thUd supPort ,*IlIation. Payment of the full CUFfOlD lAYNE ffAlRlSONby the emptover and pald In accordanr.e w\th the «,•. to that

IT IS FUImIIR ORDERED thatd amounts withheld from the dfsposabm .earnfpp of amount of thld support ORDERED pakt .., thJs. orderthrouth the .tneans of wltbhoklinl from eamlnas shall dfscharae the mUd support obfiaatlon. If the amount wlth""d'frome~ and credited qatnst the mlf support oblfldon Is less than 100 petcentofthe amount ORDERED to be paid by this order,. tint balance due remafns an obIipUon of CURORD lAYNE ffAIRfSON. and It .s hereWORDERED that CUffOftD lAYNE HARRISON PlY the bafatt.ce due dfrettlyto the state disbursement unltspedfled baIow.

On this date the Court authorized the Issuance of an Incoma WIthhold'"' for Support. Pavmen t IT 15ORDEREDthat al' payments shaD be made through the state disbursement unit at

'ase 15 0'25 719239.1 ' •• Child Support Disbursement Umt# P.o. lOx 659791,$8n Antonio,"" 78265-9111, and thereafter pftlmptly MmMedtc COMfiEVASQUez HARRISON for the luppottof the children. IT IS ORDEREDthat: eath party shaH pa,1 when due, all feu dtarpcf to that party by the state disbursement unit and any other qenq statutOJ1Iy authorfted to dtarp. fee.

Chaou a f EmPlpyqumt IT IS FURTHER OIlDEIED that CI.JFfORD LAYNE HARRISONshaD notify this Court and

CONNIE VASClUEZ HARRISON by us, certified mall, return recnlpt requested, of Iny chlnae of thIS notice shalf be aMn no later than seven address and of any termination of employment. days after the change of add_ or thetelmination of employment. this notice or

• subsequent notice shaR also provide the current address of a.IFFORD LAYN! HARRISON and the name and address of his current employer, whenever that information becomes avallabre.

Clerk's Dutlls rr IS OR~Jh~ 9.11 the_requlSt,of .·prosecutinl attorney" the title N-D BleilCy, the

friend of th'e court, a domestic relations off1ce,CONNIE VASQUEZ 1fARR1SON, Q.lFFORD lAYNE lIAIRISON, or an attorney representinu CONNIE VASQUEZ HARRI50N or afFFORD lAYNE ItA.llSONlme derk of this Court shall cause a c:ertifted copy of the Income WIthholding for SUpport to be delhl_d teany employer.

SUspension pf WltbhpJdlM from Eamlnp 111eCOurt finds that: pd cause exists that no orf$!'" to vNJi'.oJdfnlm laminlS for child

support should be detlvered to an, empfoyer of CUfFORD LAYNE HAMfSDN as tons as no of thls chUdsupport order cecum and 1$ lema as the Offiee of the delinquency or other vie'." Attorney General Chltd Support Division Is not providing services to CONNIE VASQUEZ HARRISOptFortne purpose of this provision, a delinquency has oa:urred Jf tuFFORPJAYNE MMIISON _ been inartaaf$ for In amount due fOr more than thIrty days or the amount of the amtarages equals or Is peater than the ilmou:1t due for Ii one·month period. f a deUnquency or otherwoJatioD OCCUfS or if the Offtce of the Attornev General Chftd SUpport Division betlns provIdina services to COINIE VASQUIl. MMRISON, the clerk shall deliver the order to wtthhold earnings as providedab •••

ACCORD_LV,. rr 15 OIOERID that, as long as no dellnquenty or other vIoIat2on of this child support order .GCQ11'$ aM elens as the Offlce of the Attorney General Child Support to CONNIEVASQUU lfAmnSON, aUpayments snalt &emade DMsfon Is not proVkUnl sa'*- through the state dl$bursement unit and thereafter prompttv remitted to CONNI! VASQUEZ HMRfSON for the support of the chIldren. Ifa dellnquet'lCf or other violation occurs Dr If the tblkI Support OMslon beglnsprovJeI", Offk:e of the Attorney General services to COfINIE VASQUEZ HARRISON,all payments sh.' be made lnaccordaRC8 with the order to withhold eamlnp IS provided above.

'.160125 OtIrer ChIld Relllted Ptolllsitml Tutoring Expenses- The partfes qree,andfT IS THEMfORI OIIDERED that If ttttorins II recommend for JOHN ERNEST tEl HAMISON, II and/or VICTORIAMAOII.INE HARRISON by the chldren"s teacher ••CUFFOROLAYNE HARRISON shall be responsible for 10094 of lbe .tQJt$ assoc.tated with time tutoMJ eJCpenses.

He"".. CaN 1. IT IS ORDEREDthat CUFFORD LAYNE HARRISON and CONNIE VASQUEZ HARRISON shall each provide medical support for each child as set out In this order as addftlonal thUd support for as fons as the Court may order CLIFFORDLAYNEHARRISONand CONNIE VASQuez HARRISONto provide support for the child under sections 154.001 and 154.002 of the Texas Famllv Code. Besfnnln. on the day CLIFFORD LAYNE HARRISONand .a.c;tualor potential obUptlon to support a child under secttons CONNIE VASQUEZ KAIl"~"'$ 154.001 and 154.002 of the Family Code terminates, rr IS ORDERED that CUFFORDLAYNE HARRISONand CONME VASQUEZ HARRISON are dlscharpd from the obllptlons set forth In this medfcal support order with respect to that child, except for any fanure bV a parent to funv complv with those obllptions before that date.

2. Definitions· "Health 'nsurance" mHM .ranee coverage that provIdes baste heafth.ore and

dental HNtcei, indudiq USlIal physldan services,offb viSits, hospitalization, amllahomory, X-ray, and elMflencv services. that mav be provfded tJlR)U8h a health maintenance orpnlZat1on or other prMtI or pubUt orpnlutioRt other than medical _'ance under chapter 32 of the '_Ifuman Resources Code.

"ReilSOnablecost ll means the totlf cost of health Insurance ~for all chit••• for whim CUF'OID LAYffI MAllISON Js rap_We under a medica' support order that does not •••.•. 9 percent of CI.IFFOftO lA.I ffARRISON'$ annual resources, as described by seetlOn 154.0I2tb) of the Tws family Code.

"a.onabfe and neceary heafth..caree~ not patd by Insurance ud fncurred bv or on behal of a chlfcr i~ Without limitation, anv mpaymentsfor' offke Wits .Of" pNSCrfption cfNp, tile yeari, dlductlbfe, If any, and medical, ~, pre$CrlptJon 4ru& mental health-care se",kes/denta', eye eare. ophthlfmofosa', and orthodontlc·charps. These reasonable a.nd~rv heartDoteexpenses do not Include expenses for travel to and from thehealttw:are prqWter or for nonprescription medfcatJon.

Pqe17 afZS 719239.1 "Furnish" means: •• to hand deliver the document by a person 'ishteen years of. or older either to the recipient or to a person who Is ei&hteen years of ap or older and permanently resides with the redplent; to deliver the document to the recipient by certtfled malt return receipt

b. requested, to the recipient's last known maUlngor resIdence address; or c. to deliver the document to the recipient at the recipient's last mown maning or residence address usln, any person or entity whose prlndpal business Is that of a courier or delverer of papers or documents either WIthinor outslde the United State$.

3. FindIngs on Health Insurance Availahnlty- Havlna considered tbe cost, accesslbllltv, and quaJ1ty of heaJth Insurance cover.ge available to the parties, the coun finds: Health Insurance Is Ivallable or Is In effect for the children throuah CUFFORD lAYNE HARRISON's employment or membership In a union, trade associatlon l or other orpnlzation at II reasonable cost. the following orders regarding health<are coverap are In

IT IS FURTHER FOUND ifill the best interest of the children. Provision of Health-Care Coverage- 4. As additional child support, aJFFOII) LAYNE HARRISON Is ORDERED to continue to

maintain health insurance for each chId who is the subject of this suft that covers basic health· care and dental care services, IndudlnB usual phvslclan services, office visits, hospitalization, laboratory, X-ray, and emellenty services.

QJFFORD LAYNEHARRISON Is ORDERED to maIntain such hearth Insurance in full force and effect on each chlfd who Is the subject of tbfs sUIt IS Ions 15 child support Is payable for that child. alFFORD LAYNE HARRISON is ORDERED to convert any pup Insurance to Individual coveraae or obtain other health Insurance for each child within fifteen days of termJnation of hIs employment or other dlsquaDftcation from the &rOup Insurance. UlFFORD lAYNE HARRISON Is ORDERED to exercise any conversion options or acquJsltlon of new health Insurance In such it manner that the resultlnl insurance equafs or exceeds that In effect Immedlate'y before the d1anp.

QlFFORD lAYNE HARRISON is ORDERED to furnish CONNIE VASQUEZ HAMISON and the OffIce of the Attorney General thUd SUpport Division a true and correct copy of the health Insurance policv or certification and It schedule of benefits w.ithln 10 days of the slgnlna of this orc:fet. CUFFORD LAYNE HARRISON is ORDERED to fumlsh CONNIE VASQUEZ HARRISON the

Pap18of2S 7JtD9.1 insurance cards ilnd any other forms necessary for use af the insurance within 10 davs of the Signing of this order. CUFfORDLAYNEHARRISONis ORDEREDto provide, wJthJnthree days of

to CONNIE VASQUEZ HARRISON any insurance check.$. other payments, or receipt bV him, explanations of benefits felatios to any medical expenses for the children that CONNIE VASQUEZ HARRISON paJd or incurred.

Pursuant to section 1504.051 of 1he Texas Insurance Code, II' 'S ORD£R£D that if 'ans to applv to CLIFFORD LAYNE HARRISON is eligible for dependent health tOverale hut obtain coverage for the chUdren, the Insurer shall enroll the children an application of CONNIE VASQUEZ HARRlSON or others as authorized by law.

Pursuant to section lS4.183(e) of the Texas FamllvCode, the reasonable and necessary health-care expenses of the children that are not reimbursed bVhealth Jnsurance are allocated CONNIE VASQUQ HARRISON Is ORDERED to pay thirty (3094) percent and as fonows: CLIFFORD LAYNE HARRISON Is ORDERED to pav seventy (70") percent of Ute unrelmbursed

e)(penses If, at the time the expenses are Incurred, Ct.tFfORDLAYNE HARRISON Is health-care providing health Insurance as ORDERED.

The party who Incurs a health-care expense on behalf of a child Is ORDEREDto submit to the other partvail forms, receipts, biUs, statements l and explanations of benefits reflecting the uninsured portion of the health<are expenses within thirty days after he or she receives them. The norunculTing party is OllDlREDlo pay hlsor her percentage of the uninsured portfon of the health-c:are expenses· either by paying the hea{th·careprovk!et diredSy or bV reimbursing the Incurring party for any adVancepavment exceedinl the inturring partv~5 percents,e of the uninsured portion of. the heafth~care fJcpenses. within thlrty days: aft.er tbe nonlnc:urring party receives the forms, .recelpts, buts l statements, and 81(planatIOns of benefits.

These provlsJons applv to all unre!mbursed health-care expenses of anv child who Is the subject of this suit that are incurred While chUd support is payable for that child. S. Secondary Cove.ltge •. IT IS ORDERED that If II PilflV provldes secondary health insurance coverage for· the children/both partfes· shalt cooperate fully with regard to the handling and flUnS of claims with ttleinsurancecarrler providing the coverale In order to maximize the benefits available to the dti'dren and to ensure that the partv who pays for health-care expenses fDr the chUdren is reimbursed for the payment frDm both carriers to the funest extent possible.

Compliance with Insurance Company Requirements - Each party 15ORDERED to 6. conform to all requIrements Imposed bV the terms and conditions of the policy of health Insurance covering the children in order to assure the malelmum reimbursement or direct payment by the Insurance company of the incurred health·care expense I Including but not limited to requirements for advance notice to any carrler l second opinions, and the like. Each party is ORDERED to use "preferred providers.,11 or se;vlces wrthln the health maintenance organization, if apphcable. DIsallowance of the bill bV a health Insurer shall not excuse the

pi8e19of2S

7192B9.1

obligation of either party to make payment. Excepting emergency bealth •.care eKPenses Incurred on behalf of the children, If a party incurs health-eare expenses for the children using "out-of-netwQrk" health~care proylders or servIces, or fails to follow the healtb insurance company procedures or requirements, that party shall pay all such heafth-care expenses tncurred absent (1) written asreement of the parties allocatina such health·care expenses or (2) further order of the Court.

'1. Claims •.E.1fcept as provJded in this parasraph, the party who is not carrying the health Insurance policy covering the children ;s ORDEREDto furnish to the party carrying the policV, withinflfteen davs of receiving ttu!m l any and all forms, receipts, bills, and statements reflectlna the heaJ~care expenses the p.arty not carrying the policy incurs on behalf of the ehlldren. In attordance with section 1204,25.1 and lS04.05S{a) of the Texas Insurance Code l IT IS OROEREDthat the party who is not carrying the health insurance pOlicy coveri"S the chndren t at that partvts. optton f mil' file soy ciaims. for health-care expenses directly with the insfJrance carrier with and from whom cO\Ierage is provided for the benefit of the children and receive payments directly from the insurance company. Further, for the sole purpose of section 1204.251 of the Texas Insurance Code, CONNIEVASQUEZHARRISONIs de$lgnated the managing conservator or possessory conservator of the children.

The pa.rty whofs carrying the health insurance potitv covering the children Is ORDERED to submit. all forms required bV the Insurance compaoy forpavment or refmbursement of healtfN:are eJCpenses incurred bV either party on behalf of a thUd to the insurance carrier within .flfteen days of that party'sreceMng any form. receipt, bill, or statement refied:ina the exp~nse$. Constructive Trust for Payments Received ~IT is ORDEREDthat any Insurance

8. payments received by a party from the health {n$uram:e camer as reimbursement for health- care expenses incurred by or on behalf of a .mild shall betong to the party who paid thDse expenses. IT IS FURTHER oaOERED tbat the party reteivfng the Insurance payments is desij'jnated a constructive trustee toretelve any insumn~ checks or payments for hearth-care expenses Paid by the other party, and the party tarrying the policy shall endorse and forward the ehecks Of payments, along with any explanatIon of benefits received, to the other party wlthinthree davs of receiving them. Paae20of2S 719239.1

No Credit for Iftform,lf!ayments the chird support as prescribed In this decree shall he exduslve1v IT IS ORDEREDthat dlseharpd in the manner ordered Ind that any direct payments made by a.IFfORD LAVNE HARRISON to CONNIE VASQUEZ HARRISON or any expendftureslncurred by CUFFORDLAYNE HARRISON durin. aJFFORD lAYNE HARRISON's periods of possession of or access to the children, as prescrlbedln this decree, for food, dothln&. lifts, travel, shelter, or entertainment are deemed In addition to and not fn (feu of the support ontered in this detree.

suppon as OhU.on of Estate IT IS ORDERED that the provrslons for child support in this decree shall be In obligation

of the estate of CUFFOROLAYNE HARRISON and shall not terminate on the death of CUFFORD LAYNE HARRISON. Payments ,ecalved far the benefit of the dd'dre~ fncludlng paymeots from . Departmeatof.Veterans Affairsar other pemmental'· the.SOdal 5ec:urltyAdrrtitlf~ ••••~, ... - agency or life Insur8llC8proceeds, annuity payments .•trust dl$trthuttons" or retlrement survivor

'5 benefits, shall be a credit against this Dbllsadon. Any remaining. balance of the cMd ~ an oblilition of CUFFORD tAYltE HARRISON #$. astat ••

Iprmlnation pf Orde[S on 8Imaala. of Parties but Hoton Death of ObIf&U The provisions of this decree relltlnl to current child support terminate on the

remarrlase of CUFFORD lAYNE HARRISON to CONNIE VASQUEZ HARRISON unless iI nonplrent or agency has been appointed conservator of the dllfdren under chapter 153 of the Texas Family Code. An obllptfon to pay chftd SUPport under this dKrH does not terminate em the death of CONNIE VASQUEZ HARRISON but tantinues as an obllptton to JOHN ERNEST IS II and VICTORIA MAOEUNEHARRlS(JN. HARRISON,

Each partv Is ORDERED to Inform the other party wlthln elaht (8) hours of any medical condltfon of the children requiriRlsursicailntervention. hospitalization, or both. Within 10 days after the COurt sips this final order, each party is ORDERED to execute - 1. all necessary releases pursuant to the Health Insurance PortabtHtV and

Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator to obtain health·care Information !'e8ardfl1l the children; and

for all health-care providers of the chndren, an authortzatlo" for disclosure of 2. protected health Information to the other conservator pursuant to the HIPAA and 45 C.F.R. sectfon 164.508.

.....21of25 719239.1 Each party Is further ORDEREDto designate the other conservator 15 a person to whom protected health Information rsprdlna the children may be disclosed whenever the partv executes an authorization for disclosure of protected health Information pursuant to the HfPAA and 4S C.F.R. section 164.508.

The information required for each party by section 105.006(1) of lbs Texas Family Code Is as follows: Name: CUFfORD lAYNE HARRISON

Social Security number: 'IOOOC-xx·S717 TX Driver's license number: xxxxxS72 (ment ,.dance add,.: 5364 CedarCreek, Houston, Texas MaHlnladdrfli$= 1415 Loulsiana, Suite 3700, Houston, Texas 77002 Home telephone number: 281••~..g169

HarriSOn, Bettis & Staff, IJ.P Name of employer: Addressofemploym_t: 1415 l.oulsJ_ .•Suite 3700, Houston, Texas 77002 Wark tel_ortV number. 118-143--1900

Name: CONNIE VASQUEZ HARRISON SOdat Security numher:JOIXI· ••. 4374 lXOtI"ersk.nsenumbet: ~ Current tes1dence address: 51'13Woodway Or., Stt. 156, Houston, reDS 77057 5773 Woodway Dr., Ste.lS6, Houston, Texas 71051 MalUna address: Ifome telephone number. 711-960-1717 Name of employer; PI/A Mdress of employment:

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119239.1 IWmtment ,,,junctlons •• to "",.,.

The Court finds that, because of the conduct of CUFfORO lAYNE HARRISONand CONNIE VASQUEZ HARRISON, a pennanent appropriate relief because there Is no adequate remedy at law, them should be .,anted as Injunction aplnst lbe permanent inJundion granted below shan be effective Immedlatelv Ind shall be binding on CUFFORD LAYNE HARRISON and CONNIEVASQUEZ HARRISON; on their agents, servant5, employees, and attorneys; and on thasa persons In active concert or partlc1pation with them who receive actual notIce of this order by personal Sf.NIce or otherwlse.

IT IS ORDERED AND DECREeD that CUfFORD LAYNE HARRISON and CONNIEVASQUEZ HARR.50N are permanentfy enjoined frcm: remarks about tlte other JartY or the ether PartYs family 1. Maklne dfspa•• wlthlnUleprese~.~~~!!@!lf'lDL,.,,~.- . Itfption, Or any iSsulisurroundfnlthlsl~ D~I.dfvOrce withthe partles' chJldnm;and

a.

$leepln. with the children while the children are In that party's possessIon

except when either party It travelln, wlth the children.

The partles .sree and rr ISTHEREFOREORDEREDthat aJFFORO lAYNE HARRISON shall be responsible for 10095of the remalnfnl outstandlnl attorneys fees owed to the Amicus Attomey, Heether HUJJhes. SIGNED on -"""""4~··•.. 'fH~IoL.i;l•••••• .•..•• L...• Q.......

-...J~. __ ,.240f25 719289.1 -------- APPROVED M TO fORM ONLY: atfldaltoff Christopher W. MartlQ Slate Bar No. State Bar No. 21422500 Amy R. He"is Attorney for Respondent 808 Travis St., 20th Floor State Bar No. 24041057 Attorneys for Petitioner Houston,Texas 77002

109 North Post Oak Lane,Suite 300 Telephone: (713) 632·1700 Houston, Texas 77024 FaalmU.: (713)222-0101 (713) 735-8514 Telephone: mart'n4Pmdjwlaw.com facsimile: (713)351~14 pwftoffltssbp' •• com (Non....w:eema.) itharrls.ssbplaw.com (Non-servJceemIJf$,

(~mm'"•.•• only) flm'awsefVtce.ssbfll~!~ 8y:_~t¥:i

State Bar No. 00796794

Amicus Attorney

952 Echo lane. SUite 475 K~on,Texa577024 (713) 463-5505 Telephone: Facsimile: (713)463-5213 hhuahas4Phmhugheslaw.com

'.250125 719235'-1

APPROYED AS TO FORM ONLY:

Mortln, Dfs/ere, Jefferson & Wisdom ~:'-----------------------

Patricia A.

Christopher W. Martin State Bar No. 21422500 State Bar No. 13057620 Amy R. Harris Attorney for Respondent State Bar No. 24041057 808 Ttavis St., 20th Floor Attorneys for Petitioner Houston. Texas 71002 _

109 North Post Oak Lane, Suite 300 Telephone: (7t3) 632·1700 Houston, Texas 77024 Facsimile: (713) 222-0101 Telephone: (713) 735-8514 martln@mdjwlaw.com facsimile: (713)351-4514 pwlcoff@ssbplaw.com (Non-service emails) aharris@ssbplaw.com (Non-service emails) famlawservice@lssbplaw.com (Emall service only)

Heather M. Hu State Bar No. 00796794 Amicus Attorney

952 Echo Lane, Suite 475 Houston, Texas 77024 Telephone! (713) 463-S505

(713) 463-5213 Facsimile: hhughes@hmhugheslaw.com ^[7631071] Paae30f3

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,., ••••• ···..,••• iI•••••• •••• I, Chris Daniel, District Clerk of Harris County. Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official band and seal of office this August 12. 2014 61306832 Iota) Pages; 3 Certified Document Number: Chris Daniel, DISTRICT CLERK

HARRIS COUNTY. TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted autbenticated documents are valid. If there is a question regarding tbe validity of this document and or seal please e-maU support@hcdistrlctclerk.eom

FILED • Chris Daniel District Clerk JlIN •.2D1~

1ime:,-, --:r:::i CAUSE NO. 2OQ6.Q864 ""- --- IN THE MATTER OF f IN THE DISTRICT COURT OF / I"j) .

r·3

THE MARRIAGE OF t t T"n'lA CLIFFORD lAYNE HARRISON t AND i CONNIE VASQUEZ HARRISON t HARRIS COUNIY t T £ XA S

l1)

t

AND IN nte INTEREST OF t II AND JOHN ERNEST LEE HARRISON, t § VICTORIA MADEUNE HARRISON

t atlLOREN '11TH JUDICIAl DISTRICT ADDmoNAI. TEMPORARY ORDERS On the 27th and 30th days of May, 2014, the Court consIdered the Erneraency Motion to ModIfythe Currently Controllin. order for the Minor Children SubJects of this SUit. AppeatrllJceJ

Petitioner, CUFFORD lAYNE HARRISON, appeared in person and through attorney of record. Patricia A. Wicoff,and announced ready. Respondent, CONNIE VASQUEZ HARRISON, appeared In person and throup attorney of record, Christopher W. Martin, and announced ready. Also appearins was Heather Hughes, appointed by the Court as amrcus attorney to assIst the Court In protectl"' the best Interests of the children the subject of this suit. Jurlldktlon

The Court, after examining the record. and hearinB the evidence and argument of counsel. finds that all necessary prerequisites of the taw have been leplly satisfied and that this Coun has jurisdiction of this case and of all the parties. CIIMen

The followlnl orders are for the safety and welfare and In the best Interest of the parties two (2) children, as follows: Name: JOHN ERNEST LEE HARRISON, II Sex: Male BIrth date: September 2, 2000

763107.1 Pqe1of3

EXHIBIT B

• Home state: Texas Victoria Madeline Harrison Name: Sex: Female

July 27. 2004 8lrthdate: Home state: Texas

The Court, having heard the evidence and argument of counsel, makes the following order: MlRediltal{\ &i."_ ...•.••. .".... Is &tiff" ••• ' ••• _hal •••••.• ~.""""' •••••••• -- •••HW."IIl. __ •••• IO!III •• "'1 cftlrfsEfHtrt.

ITIS ORDEREDthat CUFFORDlAYNEHARRISON shell have the rlaht to pursue enrolli", the chHdren Into First Baptist Academv which pursuit shaii be uninterrupted by CONNIE

VASQUEZ HARRISON.

IT IS ORDERED that CONNIE VASQUEZ HARRISON 15 Immediately enjoined from communlcateng in any manner with any teachers or other personnel It first Baptist Academy until further order of this Court.

IT IS ORDERED that In the event the children do not attend first Baptist Academv then. and in that event, the children shalf attend the pubbc: schoofs to which CLIFFORD LAYNE HARRISON's residence Is zoned, Ie, BrlarSrove Elementary and Gradv Middle School.

Siped this c3() ~ of May, 2014. h8e2ofS 7&3107.1 -.>'-.: -- 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: JOHN ERNEST lEE HARRISON, II Name: Sex: Male Birth date: September 2, 2000 VICTORIA MADELINE HARRISON Name: 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 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.

On September 3, 2014 in Cause No. 2006-68864, styled "In the Matter of the 6. 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 the Court or by written possession and/or access to the children until further order of 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 removing VICTORIA MADELINE HARRISON from the common willfully and intentionally 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 accessing and communicating with JOHN ERNEST LEE willfully and intentionally 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 really don't understand &. I, of I am sooo sorry that Dad is keeping us a part. 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

(y~1jl{~(~;~)/' ; By: 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 1'1"0 \)( CAUSENO.2~ IN THE DISTRICT COURT OF (:l') § IN THE MATTER 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 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

JOHN ERNESTLEEHARRISON, II

Name: Sex: Male Birth date; September 2, 2000 Home state: Texas

VICTORIA MADELINE HARRISON

Name: 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 further order of the Court or by written of possession and/or access to the children until 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 access to 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 ..- ....• r---"--. "--'.;..... ~ . .:...:.._....;;:;2;;....._~--',=20=1:...:,4, SIGNEDon ---.~-.-

APPROVED ASTO FORMONLY:

Martin, Disiere, Jefferson & Wisdom By: ---------------------------- Christopher W. Martin Patricia A. Wlcoff State Bar No. 21422500

State Bar No. Amy R. Harris Attorney for Respondent 808 Travis se, 20th Floor State Bar No. 24041057 Houston, Texas 77002 Attorneys for Petitioner

109 North Post Oak lane, Suite 300 (713) 632-1700 Telephone: Houston, Texas 77024 (713) 222-0101 Facsimile: (713) 735·8514 Telephone: martin@mdjwlaw.com (713) 351-4514 Facsimile: 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 :..(.J _

--=;--=5 State Bar No. 00796794 Amicus Attorney

952 Echo lane, Suite 475 Houston, Texas 77024 (713) 463-5505 Telephone:

{713}463-5213 Facsimile: 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 or date the rvator of the child begins to reside with the the 10th The

r the date the marriage occurs, as appropr of notice must a description of the offense that is the person's req nt to register as a sex offender the offense with which person is charged. commits an offense rvator fails

(d) to provide notice in (b) and (c). An offense under this 1, 1995. Added by Acts 1995, 74th ch. 751, Sec. I, eff. Sept. 1, 1999i Amended by Acts 1999, 76th ch. 330, 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.

ttable presumption that the of the (b) joint managing conservators is parents of child. A finding of a history of famil interest of

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 payments for the support of the child and to hold or disburse' these

I

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. 8th Leg., ch. 1036, 1995; 1, 2003. Amended.\ Qy:

.,'<~cts 2005,' 79th Sec. 10, eft. June 18, 2 Sec. 153.133~ shall render an order appoint in conservators only it the parenting plan:~_ '" designates the conservator who has the exclusive I I ."-..- ..

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NOTES

[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

[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

[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

Case Details

Case Name: in Re Connie v. Harrison

Court Name: Court of Appeals of Texas

Date Published: Jan 16, 2015

Docket Number: 14-15-00054-CV

Court Abbreviation: Tex. App.