Legal Question in Family Law in Texas
My husband has temporary orders that have been in place since June of 2009, for child visitation with his ex-wife, which in some cases states they are to meet a mutually agreed upon location for pickup and dropoff of the kids, and in others that they have to pickup/dropoff the kids at each other's residences. However, after the temporary orders were signed, in October 2009, after his ex had tried to get a temporary restraining order and had failed, but we had a mutual injunction put in place instead states that neither party is allowed to go to the others residence, work, or school. However, we did have the mutual injunction drafted to state that pickup/dropoff of the children will always be at the mutually agreed upon location of a specific Starbucks which is located in between where they both live. Problem being, my husband's ex-wife is refusing to drop the children at the mutually agreed upon Starbucks now and is insisting we follow the temporary orders instead of the mutual injunction, and that my husband should drive all the way to her housing subdivision and pick the kids up at the park that is in her subdivision, but on her visitation when she is to pick up the kids at our house per the temporary orders, we do NOT want her coming anywhere near our home at all...we chose the Starbucks for a reason.
Can someone help me understand...doesn't our mutual injunction supercede the temporary orders now? I would assume so and we were advised by our old attorney at the time that it does. Please help, my husband just lost his court ordered father's day visitation with his boys because she refused to bring them to the meeting location, and he refused to drive an extra hour to pick them up because he knew it would be setting a precedence that she would expect this in the future...we are not willing to go against the mutual injunction...as we feel she may have been trying to set him up with the cops.
1 Answer from Attorneys
1. You may need to file a motion for clarification. Take your question to the Judge and let HIM tell you what's what.
2. These "meet at a halfway point orders" are (generally) a bad idea; they are a fertile ground for abuse ("I'm sorry I'm 45 minutes late" "I meant to call you to tell you that I had car trouble, but my cel phone died" etc.). If the kid has to sit and wait for the other parent to show up, the kid should be sitting in his own living room, working the remote control, going to his own refrigerator for Cokes - not sitting in the back seat of a car in the rain with nothing to do (or sitting at a Starbucks).
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