Constitutional Motion Practice & Evidentiary Due Process in Family Court: Procedural due process guarantees litigating parents the right to timely notice, an impartial tribunal, formal evidentiary hearings, and the cross-examination of adverse witnesses before parental liberties are infringed (Armstrong v. Manzo, 380 U.S. 545). Filing timely constitutional objections and modular pre-trial motions prevents domestic relations courts from deciding fundamental custody rights through informal conferences, judicial fiats, or unsworn hearsay recommendations.
Texas, as do many states, has an enforcement issue when it comes to enforcing child custody (possession) time.
Police refuse to enforce your custody rights. They say that if it is the other parent then it is not kidnapping. You are told that this is a domestic issue and to go back to court to get your rights enforced.
This is not acceptable and many children have been abducted never to be found again. Some parents spent years locating their children. We can change this by creating better laws that provide parents with easier relief.
Attached is what many parents in Texas are carrying to their legislators this year to amend the CHILD INTERFERENCE statutes to include that a parent is interfering with child custody if they have taken the child against a court order and against the other parent's permission.
This only applies to after you have a court order that says that you are entitled to specific days and times with your child. If you have not gotten your rights protected in a court of law yet, then you will have to do that before you can get this relief.
Click on the link below for access to what Michael Turi, Brett Hohenberger, Mike Clifton, and some others have been working on with us to bring better enforcement action.
INTERFERENCE WITH CHILD CUSTODY 25 03 LEGISLATIVE BILL AMENDMENT V2_5 proposed
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