New Requirement for Summer Possession Notice

For all standard possession orders entered after September 1, 2019, a new requirement has been added for notice.

As normal, the non-managing conservator under the standard possession order will have a period of extended summer possession (30-42 days).  The managing conservator can request a period during that extended time when they can visit with the child.  However, the managing conservator must pick up the child(ren) from the possessory conservator and return the child to the possessory conservator.

Now under the new notice requirement of HB 553, the possessory conservator must now also give the managing conservator 15 days written notice of where they can pick up the child.  The new law says:

"153.312(C) Parents Who Reside 100 Miles or Less Apart-
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during with the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child."

So for example, John and Mary are the parent of Joseph.  They live less than 100 miles apart. Mary is the "managing conservator" because Joseph lives primarily with her and John is the "possessory conservator" because he has regular visits with Joseph.  They have a standard possession order for visits which means that in addition to his weekend visits and certain holidays, John has a 30 day period during the summer break when Joseph will be with him.  Normally this will be the month of July (unless John picks a different 30 days and sends written notice to Mary by April 1).

Thirty consecutive days without seeing a parent is considered a long time by some and may be difficult for the child to go that long.  So under the Standard Possession Order, if Mary gives John written notice by April 15, she can pick up Joseph for one weekend- HOWEVER, it is SHE who must pick up AND drop off from John- not necessarily at his house, but where ever he happens to be.  What this means is that if Mary wants her summer weekend, she must be willing to travel wherever John is with Joseph over the summer to pick up Joseph  on Friday and drop off him off again on Sunday at that same location .  What if John and Joseph are on a camping trip at Yosimite?  Yup, that means Mary must pick up Joseph at Yosimite and return him to Yosimite if she wants her weekend visit.

Apparently there has been a change in the law to attempt to fix a problems that comes up with this.  What if John refuses to tell Mary where he will be during his 30 days with Joseph?  Former he was not required to.  If he doesn't however, that effectively prevents Mary from exercising her right to a weekend visit.  With this new law, the Texas Legislature has plugged this gap in the SPO order by adding a requirement of John that if Mary sends him timely written notice that she wants a weekend during John's extended summer visit with Joseph, then John must now give Mary 15 days written notice prior to Mary's weekend of where he intends to be with Joseph during that weekend.  This will allow Mary to make arrangements to pick up Joseph for her weekend.

I think the requirement is necessary to protect the managing conservator's right , but I also see how it puts a burden on the possessory conservator.  What if John and Joseph are just traveling in an RV and don't have a set agenda, and want to visit a different city than originally planned, or are delayed from arriving at a certain place due to weather or other event out of their control, or what if John just changes his mind about the trip?

Again, this new notice requirement applies only to orders rendered after September 1, 2019.  People with orders prior to that do not have the added notice requirement.

The Palmer Law Firm practices exclusively in the area of Family Law litigation in Harris and Galveston Counties, Texas.  If you have any questions about your possession order, or other issues regarding your legal rights and duties to minor children, in Harris or Galveston counties, Texas, please visit our website at www.thepalmerlawfirm.com or call us at 832-819-3529.

"We Can't Protect Your Heart, But We CAN Protect Your Rights."- THE PALMER LAW FIRM

Top 15 Texas Family Code Sections Dealing with Contempt of Court

A motion for contempt is not limited to the Texas Family Code.  A violation of other types of court orders may also be the subject of an family law enforcement action- for example, a temporary order concerning the emergency protection of children.

A court clearly has the power of contempt to enforce such orders, assuming the order meets certain tests.

Listed here are the Top 15 Family Code sections that mention contempt or enforcement or define when something becomes an order of the court and is therefore enforceable, such as Associate Judge's recommendation or registration procedure.

1. § 6.506- Violation of temporary court orders concerning divorce and property, including spousal support.

2.  §105.001(f)-  Violation of temporary orders concerning children.

3.  §157.007-  Affirmative Defense to Motion for Enforcement of Possession or Access

4.  §157.008- Affirmative Defense to Motion for Enforcement of Child Support

5.  §9.008 and 157.421-  Clarification of orders not specific to permit contempt

6.  §160.622- Violation of Orders Concerning Paternity Testing

7.  §9.012- Enforcing the Division of Property

8.  §152.303- Enforcing a Custody Decree from Another State

9.  §154.188- Enforcing Orders Requiring Health Insurance for a Child

10.  §81.004, 85.024, 85.026- Provisions of Title IV Protective Orders

11.  §159.603- Uniform Interstate Family Support Act (same effect as Texas order)

12.  §264.306-  Child and Family Services, Refusal to Participate in Counseling Regarding Abused or Neglected Child- Community Service as Sanction for Contempt

13.  §201.013- Associate Judge's Recommendation Becomes Order When Signed by the Court

14.  Civil Practice and Remedies Code §31.002-  Although Not Not Contained In the Family Code, The Turnover Statue is included Because it Has Application to Enforcement of Judgments.  The Court May Enforce By Contempt Its Order Concerning Turnover of Assets.

15.  §8.059- Maintenance (Alimony) When AN Order of the Court Or When An Agreement For the Payment of Maintenance Has Been Voluntarily Entered Into Between The Parties And Approved By the Court.

The proper handling of a contempt matter requires technical skill and care and a vast knowledge of the Family Code and other applicable Texas Codes.  If your case involves contempt, you should seek out the help of an attorney who is experienced in this complex area of the law.

I Have and Family Law Order I Want to Enforce. How Do I Start?

You are angry and you want justice. You went through all the effort of getting an order from the court and now the other side is not following it. What do you do?

The process you want is called Enforcement and it is one of the most tricky areas of family law. The reason is, is that the process is often “quasi-criminal” in nature, and therefore the other side gets many, many protections. And because double jeopardy often applies (the legal principle that a person cannot be tried twice on the same crime), then if you screw the enforcement up, you will lose any right to try to enforce again.

A person found to be in contempt of court is subject to a find of up to $500.00 and jail time of not more than six months for each violation. Contempt is considered to be criminal in nature and the rules require specific and careful pleading, evidence, and orders. If you are seeking the enforcement of your order, you should only hire an attorney experienced in this area of law, and certainly should not try to do this on your own (pro se).

The pleadings , which should be filed in the court of continuing, exclusive jurisdiction, (Family Code 157.001(d)), must give notice of the provisions of the order sought to be enforced and must state the amount owed under the terms of the order, the amount paid and the amount of the arrearage (157.002). Attaching the pay record to the motion is evidence of the facts asserted in the payment record and is admissible to show whether payments were made (157.162).

It is important to remember that a finding of contempt by the court will require a detailed commitment order which includes the requirements in 157.166. The language in this statute is mandatory.

If I’ve said it once, I’ve said it a million times- don’t go it alone. You need to get the help of an experienced family lawyer. If you can’t afford an attorney and are willing to go through more red tape you can request assistance from a government agency. Agency attorneys are often maligned because they are government. And while it is true that you will have to wait a much longer time and must sign forms in triplicate and jump through many hoops, the lawyers themselves are often very experienced and experts in this area of law.

If you are seeking enforcement of child support, you can contact your local Attorney General Office. If you are in Texas: (www.texasattorneygeneral.gov)

Many counties with large populations have a county agency called a Domestic Relations Office. Like the OAG, this county agency will also help enforce child support, but it they also help enforce orders on child visitation (called possession/access). These agencies are often more user friendly because they are smaller. If you are in Harris County, Texas: (www.dro.harriscountytx.gov) .

Sean Y. Palmer has been practicing law exclusively in the area of Family Law and Divorce for eighteen years. He lives in Kemah Texas with his Daughter and a Fish named Harvey.