Court of Appeals of Texas, Fourth District, San Antonio
Sitting: Marialyn Barnard, Justice, Rebeca C. Martinez,
Justice Luz Elena D. Chapa, Justice
PETITION FOR WRIT OF MANDAMUS CONDITIONALLY GRANTED IN PART,
DENIED IN PART
February 4, 2017, Relator filed a petition for writ of
mandamus and motion for emergency stay. The court ordered
Relator's petition stricken for failing to redact the
name of the minor involved in this matter. See Tex.
R. App. P. 9.9. Relator filed a corrected petition and this
court requested a response. Real Party in Interest filed a
response on March 1, 2017. The court conditionally grants the
petition for writ of mandamus in part, and denies in part.
is the mother of C.A.R., the subject of the underlying Suit
Affecting the Parent Child Relationship. The real party in
interest is C.A.R.'s father. On May 24, 2016, the trial
court issued temporary orders that restricted Relator's
access to C.A.R., and that did not allow Relator possession
of C.A.R. as required by the standard possession order
described in the Texas Family Code. See Tex. Fam.
Code Ann. § 153.101(a) (West 2014). Relator does not
challenge the May 24 temporary orders. After a five day
hearing in October and November, 2016, the trial court issued
Additional Temporary Orders, which were signed on December
14, 2016. The additional orders further restricted
Relator's access, allowing Relator to visit C.A.R. only
at KidShare, a program allowing parents to visit children in
a supervised setting. The additional orders removed
Relator's right to have telephonic and electronic access
to C.A.R. The additional orders also deprived Relator of the
right to receive information concerning C.A.R.'s health,
education and welfare; have access to C.A.R.'s
educational records; consult with school officials concerning
C.A.R.'s welfare and educational status; attend school
assemblies; be designated as a person to be notified in an
emergency; and consent to medical, dental, and surgical
treatment during an emergency. Relator was also ordered not
to go to C.A.R.'s school for any purpose, nor contact the
school for any reason. Both the May 24 temporary orders and
the additional orders designate Relator as a parent
petition for writ of mandamus, Relator argues the trial court
abused its discretion by "imposing extreme
restrictions" on Relator's access to C.A.R. without
providing a means for Relator to remove those restrictions;
depriving Relator of fundamental parental and constitutional
rights; awarding relief beyond that justified by the real
party in interest's pleadings; and failing to include
findings of fact pursuant to sections 153.072 and 153.258 of
the Texas Family Code.
filed very few documents with her mandamus as a record or
appendix. She did not attach any of the real party in
interest's pleadings and did not file a reporter's
record. Although Relator states in her petition that she does
not have the money to pay for the reporter's record, she
did not file an affidavit of indigence.
the minimal record provided by Relator, this court lacks the
information necessary to evaluate the trial court's
decision as challenged by Relator in her first three issues.
However, the record before us is sufficient to establish
Relator's right to relief as to her fourth issue, the
lack of specific fact findings in the additional orders.
153.072 of the Texas Family Code allows a court to
"limit the rights and duties of a parent appointed as a
conservator if the court makes a written finding that the
limitation is in the best interest of the child." Tex.
Fam. Code Ann. § 153.072 (West 2014). Section 153.258
[w]ithout regard to Rules 296 through 299, Texas Rules of
Civil Procedure, in all cases in which possession of a child
by a parent is contested and the possession of the child
varies from the standard possession order, on written request
made or filed with the court not later than 10 days after the
date of the hearing or on oral request made in open court
during the hearing, ...