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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116260
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Educator, Esq. Is this a valid argument?

Customer Question

For Law Educator, Esq.
Is this a valid argument?
_____________________________________________
The trial court’s “Order” on June 29, 2015, affirms that its judgment on September 26, 2014 was not a clerical error; and with no evidence, whether by testimony or document exhibit to support a finding that YYYYYY may determine the child's primary residence without regard to geographic location (emphasis added), the court’s order circumvents Texas Law, or the Texas Family Code, Chapter 153, section 153.134 (b)(1)(A)(B). The trial court’s order is thereby, an authorization in clear violation of Texas Law, an order for YYYYYY to freely relocate the minor children to any place in the world.
To the extent that YYYYY relocated the minor children, XXXXX has no immediate remedy or relief, because authorities would follow the written, signed, filed judgment. XXXXX's efforts would be relegated to “other” authorities, and she would face a dead-end, after dead-end…The children would be gone!
The trial court has no such jurisdiction over Texas to issue such an order, and such order would be a void order. The trial court’s order on June 29, 2015 is an affirmation that its failure to abide by section 153.134 (b)(1)(A)(B) of the Family Code in its judgment on September 26, 2014, is as the court intended its judgment to be, and would thereby, be a void judgment, because the court had no jurisdiction to render said judgment.
Further, with no evidence, whether by testimony or document exhibit to support a finding that YYYYYY may determine the child's primary residence without regard to geographic location (emphasis added), the court failed to abide by the Texas Family Code, section 153.002, having no consideration for the best interests of the children.
XXXXX's Constitutional rights have been violated.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to cite some case law or statute as to why you say they have no jurisdiction over the order. You say it violates the law and no jurisdiction, you need to be clear why it violates the law and what part of the law specifically it is violating.

Customer: replied 1 year ago.

I mentioned two statutes: Chapter 153, section 153.134 (b)(1)(A)(B) and Texas Family Code, section 153.002.

Both say the Judge shall rule....

Expert:  Law Educator, Esq. replied 1 year ago.

Yes, but you need to state specifically what the law says and what part of the law you are referring to, not just mention the law.

Customer: replied 1 year ago.

I did previously in a section I didn't see you. But I wondered about that and so I'll make it clear.

Is the argument correct? If the court is knowingly issuing an order in violation of the law that it has no jurisdiction to do, would it be a void order?

Expert:  Law Educator, Esq. replied 1 year ago.

Okay, as long as you did that in a previous section, then yes, the argument is a valid argument.

Customer: replied 1 year ago.

Wow.

So then, if there is a void order in the divorce judgment, does that make the entire judgment void?

That's in my argument above?

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is a valid claim, since he did not issue an order in time in compliance with the law, any order issued is void.

Customer: replied 1 year ago.

And a violation of Constitutional rights, correct?

Expert:  Law Educator, Esq. replied 1 year ago.

I seek it more as a procedural violation than a constitutional violation, and that is likely your better and stronger argument.

Customer: replied 1 year ago.

Hasn't the trial court essentially issued an order for the other party to kidnap!

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Focus on the main issues, if you start getting into constitutional arguments, which are weak here, it turns the court off and a court will do anything they can to avoid ruling on constitutional grounds. You CAN throw in that since you were never found unfit, the court has violated your fundamental rights to be with your children against the US Supreme Court holding in Troxel v. Granville, 530 U.S. 57 (2000)

Customer: replied 1 year ago.

This is for my sister.

Thanks. I needed the heads up to be humble.

It's a shame though, that, such element would exist.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Well, you have to make all of your arguments, but know what to focus your main efforts on as well.

Customer: replied 1 year ago.

Would this work:

XXXX preserves her complaint herein, of any violations of her Constitutional rights.

Would that turn off the court?

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It would work to state that the conduct was a violation of her fundamental rights to her children pursuant to Troxel v. Granville.

Customer: replied 1 year ago.

Was buried getting the brief filed.