Elements of a Child Custody Order

In legal proceedings, a continuance serves as a request to reschedule a court hearing or trial to a later date, typically sought when additional time is necessary for adequate preparation. This article offers insights into the factors influencing the grant or denial of continuances, shedding light on the complexities involved in navigating this aspect of […]

For a court to order the release of someone confined for violating an order, the trial court’s order of commitment must be void, either because it was beyond the power of the court or because it deprived the relator of his liberty without due process of law. See Ex parte Gordon, 584 S.W.2d 686 (Tex.1979). […]

Statutory Requirements: The pleading requirements for a motion to enforce are set out in section 157.002 of the Family Code. This provision requires such a motion to include the amount owed, the amount paid, and the amount of arrearages. Tex. Fam.Code § 157.002(b)(1). If contempt is requested, the motion must also include “the portion of […]

Due process requires that a suitable judgment of contempt is necessary in order to imprison a person for contempt of court. “Ex parte Puckitt, 159 Tex. 438, 322 S.W.2d 597 (1959). A judgment of contempt is a court order finding the confined person in contempt for violating the court’s order. One purpose of a contempt […]

A contempt order may not be based on an ambiguous order (Ex parte Price, 741 S.W.2d 366, 367-368 (Tex.1987); In re Ragland, 973 S.W.2d 769, 771 (Tex. App.-Tyler 1998, orig. proceeding)). When a trial court punishes a party for disobedience of a written order, the order itself must be definite and certain (Ex parte Slavin, […]