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the results of actions taken by a claimant being used against the respondent

Discussion in 'Other Family Law Matters' started by Purdan, Jul 13, 2021.

  1. Purdan

    Purdan Law Topic Starter New Member

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    It is my son whom I was given the exclusive right to designate in her 1st modification suit, he is not in the home I designated, and according to Sec 157.371 of the Texas Family Code and a few other papers written by Attorneys concerning enforcement actions, Habeas can be used to compel the return as stated below. I wanted to draft a letter to the court and All parties concerned explaining and listing the facts of actions taken by me before and after the petition was filed. Expressing my regretful decision to ask the OAG to perform their duties to help enforce the medical support order, which has still not been addressed after a year and a half (My reason for the Mandamus Explaining that their refusal to account for their mistake and mitigate the loss caused by the Unjust punitive actions being taken against me caused much damage to my abilities to adequately defend myself in this matter. Asking for a continuance to allow me time to complete a proper presentation of my defense to the court, OR excuse my procedural deficiencies as they have with her Attorney's previous late submittals and erroneous drafting of the Amended Petition, among other things and let's just lay it ALL out and have an open discussion of what it's all about. [/COLOR][/B]

    SUBCHAPTER H. HABEAS CORPUS

    Sec. 157.371. JURISDICTION. (a) The relator may file a petition for a writ of habeas corpus in either the court of continuing, exclusive jurisdiction or in a court with jurisdiction to issue a writ of habeas corpus in the county in which the child is found.
    (b) Although a habeas corpus proceeding is not a suit affecting the parent-child relationship, the court may refer to the provisions of this title for definitions and procedures asappropriate. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec.A157.372.
    RETURN OF CHILD. (a) Subject to Chapter 152
    and the Parental Kidnapping Prevention Act (28 U.S.C. Section
    1738A), if the right to possession of a child is governed by a court
    order, the court in a habeas corpus proceeding involving the right
    to possession of the child shall compel return of the child to the
    relator only if the court finds that the relator is entitled to
    possession under the order.


    What is the purpose of the upcoming trial? If it's the support and possession issues then it is likely too late to file those the date of the trial. Typically most motions that are related to an upcoming trial or hearing need to be filed a certain number of days prior to that hearing/trial.

    Yes, it is her petition to modify possession and conservatorship. I was relying on the Family code again Sec. 157.061 (c) and did not intend to wait for literally the last minute, BUT I was trying to give HER until the last minute to withdrawal her suit, and I suck and still have nothing drafted so here I am trying to find a quick & easy way to ask for a continuance while having everything in hand to sling across the courtroom if they refuse to accommodate.

    SUBCHAPTER B. PROCEDURE
    Sec. 157.061. SETTING HEARING. (a) On filing a motion for
    enforcement requesting contempt, the court shall set the date,
    time, and place of the hearing and order the respondent to
    personally appear and respond to the motion.
    (b) If the motion for enforcement does not request contempt,
    the court shall set the motion for hearing on the request of a
    party.
    (c)The court shall give preference to a motion for
    enforcement of child support in setting a hearing date and may not
    delay the hearing because a suit for modification of the order
    requested to be enforced has been or may be filed
    .

    Two points on this. The OAG and Inspector General are not parties to your current litigation with your ex. You'd need to file a separate action against them to seek the writ of mandamus. Second, such a lawsuit is almost certainly doomed to fail. A writ of mandamus applies when an agency or official is required by law to take a particular action and has no discretion in the matter. As a Texas appeals court noted:

    There are many cases which hold that mandamus will not lie to direct or control agencies or individuals who have the responsibility of discretion and official judgment.

    Coe v. City of Dallas, 266 S.W.2d 181, 182 (Tex. Civ. App. 1953).

    Law enforcement agencies have the discretion to decide what matters to investigate and what actions to take based on the investigations that they do. You cannot compel an agency to undertake a criminal investigation.

    I thought I read that Mandamus was used to compel an agency to perform /complete their duties. Which would be to enforce the support order per my request 1 1/2 years earlier; Inspector General to complete and report their findings of investigation pertaining to a report submitted months ago.
    I never thought I would be able to file anything other than the motion to enforce because of my limitations, but if I had the time and understanding of the many riddles posed by legal jargon I would if after my research it was found I could.


    I agree 100% but cannot afford to, see note of the OAG wrongly taking action above, which I intend to pursue against advisement from all attorneys I have spoken with. Why is that? They were wrong and I have long-lasting irreparable loss due to their actions. I have the file, but not the call transcripts, it would seem to be obvious. Yet they stand silent, waiting for judgment against me so they can try and bury their mistake with me.
     
  2. Red Kayak

    Red Kayak Well-Known Member

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    Gah!

    Please reduce this to bullet points with white space.

    And get to the point quickly.

    Good for the judge, ordering a drug test. Way to cut to the chase, and see who's less credible. Hint: if you don't use drugs, it's not a problem, and the negative test makes the one accusing you seem perhaps less credible.
     
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  3. Purdan

    Purdan Law Topic Starter New Member

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    Yes, sir. Thank you for the tip. Below, I am just telling you what happened and my interpretation, I'm not intending to sound like an ass
    No Bullets yet, still learnin
    I don't disagree with her ordering a test. I stated at the beginning of the trial I would test conditionally. Pee, blood, spit, hair I would have given it, BUT she waited until 3/4's of the way through and while I was questioning the criminal whom she seemed to want to protect, and the sloppy counsel who butchered the certificate of service affidavit of the 1st amended Petition which the court accepted no problem and drafted the ambiguous Order the judge signed and were now trying to change, "Why did the Medical Order need to change if she was following it?" - NO ANSWER?, and I'm sure the clowns in charge at the OAG gave her a ring hoping she might help salvage their integrity. SHE, the Petitioner, admitted to interfering with my possession and never having the intention to follow the possession or medical order, but I didn't know how to submit it to the judge in a way proper. Not that it would have made a difference because she was short-tempered from the time I arrived and it only seemed to get worse. Her emotions were evident to all present, she became argumentative and kept badgering me to continue, reminding me how much time was left, and asking if I had anything else to add as I was trying to find the right way to phrase a question. She didn't seem to care if she appeared impartial, as she teased in a condescending tone "Nows your chance for the Kids" after she abruptly cut off my questioning to write the test order, which I then decided to balk at because of her act. She handed out the copies for the urinalysis, but I didn't receive a copy of the order for the hair test, would that make the test invalid? Not that it matters because it should be negative! I was told that any level that I was exposed to should not register at the level of a user, I have been spending a lot of time the last 2 yrs trying to help young homeless kids on the streets trying to figure it out. I have 7 kids and I am not clear without them, but it seems to help when I can engage with others that seem lost. It seems they are all hooked on something. I don't condone the use or help them get anything, but I don't pressure them to change when they have little control over the addiction. I can only really offer them a break, a ride, a place to clean up and rest hoping to gain their trust and offer them a different perspective. So, yes I've been exposed to some toxic shit and I've read the reports of little chance for it to register via second hand and some that were very concerned about the incidental contact depending on the chemical. I have never felt an altered state, but you never know. Why didn't I tell the Judge? I will, but they all just presumed I was using based on the arrest records. I can tell you this, the judge's behavior and actions mirrored those of the police involved. Condemn me if you will, but after I told the police the truth of what I was doing or where I was going and they began to question me, insinuating that I was lying, I verbally expressed my feelings of their character using words I have been asked not to use when posting. I am certain others will not understand and chastise me, but losing everything and yada yada yada, my circumstances (age, status, environment) shifted my perspective and interactions with others. I am not trying to be difficult, I am trying to find a purpose that will help me reach my children, and I don't need "the color of law" asserting themselves over me when I have done nothing to impede, disturb, encroach upon or harm any other person. WTF. I know, no one wants to hear it. So thanks for letting me express it. "WHY DID THE MEDICAL ORDER NEED TO CHANGE IF SHE WAS FOLLOWING IT?" Is a judge allowed to coerce or blackmail? She stated, "If you don't submit to the test then I will consider it a positive and write the Possession Order reflecting that!" "She detained me, saying I would have to stay until I submit. DAMNIT, I should have said "Under Duress" instead of "In Protest!" But maybe there's a chance. And I still never received that hair test order.
     
  4. army judge

    army judge Super Moderator

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    Nothing prevents YOU from arranging for a hair follicle test and submitting the NEGATIVE results to the court and the opposing party's attorney!!!
     
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  5. Purdan

    Purdan Law Topic Starter New Member

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    Agreed. I already gave the sample but it did cross my mind before. I just never had the money to set aside, which again brings to mind all actions taken against me by her and the OAG over the past 2 years which consumed my resources. Learning this stuff isn't easy. Deciding how to proceed without knowing all the options and not wanting to make a mistake. I was trying not to waste time but a lot seems to have been. Thx though
     
  6. stealthy1

    stealthy1 Active Member

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    Is my interpretation correct that you are letting them "clean up and rest" at your home? If so, it's easier to understand the concern wrt access to the children.

    And.... as colorful as your posts are, they are very difficult to read with all the text bunched into big blocks. It would be much easier for all if you were to break them into paragraphs with space between them. Like this:

    ^^ is "white space"...

    As for "bullet points".... the idea is to get you used to condensing your thoughts into short, easy-to-understand nuggets. Not so much to have those nice pretty "bullets" at the front. You could set those concise (as in one line) thoughts apart like....

    * this
    * this
    * this

    - or this
    - this
    - this

    + or this
    + this
    + this

    It's not necessary to give us long descriptions of what each party (or the judge or opposing counsel) said, thought, wore, had their hair styled, etc. Short, to the point, *relevant* information.

    If your posting style is indicative of your presentation in court, it's really no wonder everyone is impatient and annoyed. Everyone's time is valuable and having to endure mind-numbing brain vomit is excruciating and aggravating.

    See how much easier it is to read information when it's separated by white space (emphasis on space, not color)? Help the folks here help you, rather than making it more difficult.
     
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  7. Purdan

    Purdan Law Topic Starter New Member

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    Thanks to all!
     
  8. Red Kayak

    Red Kayak Well-Known Member

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    * You need to limit yourself to facts. Cold hard facts with no "feeling" or "opinion" words.
    * You need to lead with the most important thing(s) first. If details are wanted or needed, elaborate later. See example at bottom.
    * Baseball, not hockey. Baseball has clearly defined roles. Just like your team can't score when the other team is at bat, the respondent shouldn't be trying to "prove" their points when the petitioner's motion is being considered. The petitioner's motion(s) are the reason the respondent is there. That's why that is considered first. The respondent has to RESPOND to the petitioner. No countermotion by the petitioner is going to be entertained until the petitioner's business is finish. Any information that is not relevant to that is irrelevant. Trying to forward your agenda when it is not your turn is wasting people's time. People dislike you wasting their time. They are less inclined to be charitable and understanding when you waste their time.
    * You need to learn how to lose the attitude. Yeah, you don't like your ex. Whatever. If things were amicable, you wouldn't have to go to court. So try and give the impression that you're not full of animosity.

    Example: Joanne wants a reduction in the child support she's paying for her eldest child, due to her becoming permanently disabled, work related back injury. What she should have said: "One mm/dd/yyyy I was found to be permanently disabled as a result of a work related injury." (With documentation submitted.) What Joanne actually said, "After my daughter was born, I --" - since the existence of a younger child is not a valid legal reason to reduce child support for an older child, this is irrelevant information, and the judge refused the request.
     
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  9. Purdan

    Purdan Law Topic Starter New Member

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    I failed to submit my motion to enforce. If I had properly presented an argument that refuted or at least challenged their points while establishing facts that would show her in contempt of the order, would the judge have taken notice and considered the contempt without a formal written motion being filed?

    Could I have verbally requested the motion once the facts were on the record?

    Can I still file the motion, considering the trial is over but the order is not completely drafted or filed? The judge made a comment about the 24th. She was going to wait for the test results to decide visitation, (which I just realized the request was to limit me to 8hrs a month, after SHE testified that SHE wanted our relationship to be strong and grow... WTF, I’m sorry I have to go Sincerely, Thanks again.
     

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