Legal Question in Family Law in Texas
The Meaning of Children
Flight arrangements are specified under a Texas divorce decree for two children, ages 8 and 13. The decree consistently refers to "children" when it discusses all arrangements for visitation periods, tickets, and flights: e.g., "tickets ... to be used by the children for the children's flight . . . ". The decree states that if if uses the singlular word child, it is to be interpreted in the plural. The agreement states that the children are to return the the day before school resumes. The younger one now has an extra day off. Could she be forced to fly alone (as her father wants) or does the word children mean that both children are to fly together. We feel strongly that it is in the younger child's best interest to be accompanied by someone that she loves and trusts for a long (four hour) flight.
1 Answer from Attorneys
Re: The Meaning of Children
In my experience most court, in California, would interpret the order that the children return on the same day, the earliest day for both children to attend school on the first day.
Based in the language it would seem most probable that a Texas court would interpret the visitation order so that both children returned on the same day.
Father is being disagreeable and attempting to exert control over you by using this interpretation of the visitation order.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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