Legal Question in Family Law in Texas

definition of

My husband and his x are joint managing conservators of a fifteen

year old boy and his time is split 50/50 (every other week) between

them. But the decree states that ''if the parties cannot agree on

possession of the child,'' then a ''visitation evaluator'' (VE) shall

''provide the parties with suggestions concerning possession of the

child.'' Parents are required to follow suggestions. Problem: Mom

wants to call the VE every time she disagrees with one of Dad's

rearing practices. Last time she insisted on meeting with the VE

because: we believe the boy is mature and capable enough to be

left home alone for a couple days if we're out of town. Mom

disagrees, and wants the VE to decide. We think if it's during the

week the boy's with us, it's our right to leave him alone in the

house, and not Mom's right to interfere. We don't want to violate

court order by refusing to see the VE, but the decree only states we

must see the VE if there's a disagreement on ''possession'' of child.

Is this a disagreement on ''possession?'' I can't find a definition.

Would we would be in contempt if we simply told the mom she was

out of line and refused to meet with the V.E. on this matter?


Asked on 3/25/03, 3:12 pm

2 Answers from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: definition of

Ex Parte Slavin points out that to be enforceable by contempt, a decree must be clear, specific and unambiguous. If your decree is not clear and specific on a point, then there is small chance that a court would jail you on that point. However, I do not know your history with the court and that can make a difference.

http://www.reasonable-doubt.com

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Answered on 3/25/03, 3:22 pm
Fran Brochstein Attorney & Mediator

Re: definition of

I don't take cases outside of Houston. Therefore, I'm writing you as a mother -- not a lawyer.

I'm the mother of a teen-ager on the honor roll.

I would NEVER leave my 17 year old home alone for a few days !!

I am shocked at your reasoning!

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Answered on 3/25/03, 5:35 pm


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