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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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can enforcement action be stayed to hear the modification SAPCeR

Resolved Question:

can enforcement action be stayed to hear the modification SAPCeR action first?
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Can the enforcement action be stayed......Yes, the court can stay the enforcement of support. However, in most circumstances it will not do so unless you can show that the enforcement is improper for some reason.

In the State of Texas enforcement of support orders is generally set in stone until the court terminates the order or modifies it. If the SAPCR motion results in a need to modify the support order, the court will modify it at that time.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 6 years ago.
I did not mean enforcement of support, sorry. I meant enforcement of posession/visitation order by the father. there is an enforcement action on the possessory right and almost two weeks later a hearing on motion to modify the agreed final orders that i filed. Can I go to the enforcement hearing and request stay on enforcement until the hearing on modification is held?
Expert:  LawTalk replied 6 years ago.
Good morning,

While there is no guarantee that the court will continue the visitation hearing to the same date as the modification hearing, if your modification motion is based upon a danger to the child(ren), the court may well agree to continue the visitation enforcement hearing to coincide with your modification motion.

Aside from a danger to the child(ren), it seems unlikely that the court will agree to postpone determining why you should not be held in contempt for failure to abide by an existing order.

However, call the court clerk and ask if they will continue the enforcement hearing to the same date as the modification motion. Sometimes the clerk will do that for you.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 6 years ago.

so motion to stay does not sound like the right tool for this situation. How difficult is the danger to child test to meet? The father resides in a Non Haque convention arabic country that routinely issues and has issued in the past travel bans on my children. Is that danger enough? Do I introduce this argument at enforcement hearing then?

 

Additionally the agreed orders were signed by me under some misrepresantation of facts ( or unilateral mistake) and inducement/undue influance - are these contractual principles avaialble to me for an Enforcement hearing?

Expert:  LawTalk replied 6 years ago.
Good morning,

If you believe that if the father gets visitation that he will flee the country with the children, that will likely be sufficient for the court to continue the enforcement hearing a couple of weeks. If this is the case, then you really should have a local attorney assisting you.

Alternatively, you may want to consider an Emergency Custody Hearing, rather than waiting for a noticed motion on your modification, if you fear that the children will be removed from the country.

I wish you and your children the best in 2010.

Best regards,

Doug



Customer: replied 6 years ago.

is motion to continue the tool here then to present an my enforcemnt hearing

 

 

Expert:  LawTalk replied 6 years ago.
Yes. The motion can simply be an oral request to the court and not a formal motion. However, be prepared to show the court how it would be a risk for the court to enforce the visitation.

I wish you well.

Best regards,

Doug

Customer: replied 6 years ago.

Thank you.

Do I need to accep answer before you can answer my additional question on contract resision actions?

Expert:  LawTalk replied 6 years ago.
Good morning,

If you have a question dealing with Contracts, yes, I can answer it. Please accept my answer here, and then post a new question in the general Legal category. If you specifically ask for me I will answer it for you.

Thanks,

Doug
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