A temporary restraining order, commonly known as a “TRO” is used in family law to place injunctions without a full hearing on one or both parties. These injunctions prohibit specific actions that could endanger or prove damaging to the property in a divorce or the children of a divorce. You should have an idea on what the process entails.
A TRO is governed by Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 6.501. If your spouse wishes to file a TRO that immediately excludes you from possession of or access to your children, a notice of this hearing must be given to you prior to the court date. The only exception to this is an Ex-Parte meeting with the judge, which means that only your spouse or her attorney will be present at the preliminary hearing. The judge may order a TRO Ex-Parte only if the TRO clearly demonstrates from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant or children before notice can be served and an actual hearing.
If you are on the receiving end of TRO and it prohibits you from access to your children, there are some things to keep in mind.
First: a TRO has a time limit, which is 14 days. After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days’ absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).
Second: A TRO is NOT a Protective Order. This means that the police cannot kick you out of your house or forcibly arrest you for violating a TRO, absent any related criminal conduct. There are consequences for violating the TRO but not criminal consequence. You may be found in contempt of court by the Judge who ordered the TRO and forced to pay fines or be held to more severe sanctions. Violations will not be good for your case if you intentionally violate.
Third: A TRO must have a signed and notarized Affidavit or a verified pleading attached to the motion. If the opposing counsel did not follow these procedures the order may upon motion to dissolve be found void due to violation of the Texas Rules of Civil Procedure.
Fourth: You cannot practically appeal a TRO because it may only last for at most 28 days, if contested. Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.
TRO’s are civil injunctions that are usually given without notice only if immediate and irreparable injury, loss, or damage will happen. The proof rules are more relaxed in Family Law Cases. Specific TRO procedures can differ in all counties and in different courts so make sure the check online the rules of each specific jurisdiction.
TRO’s only last 14 days and cannot be enforced by police officers, absent related criminal activity. Do not be distressed if you are served a TRO one day while you are battling your spouse for child custody or property. Take a deep breath call your attorney and set a hearing to modify, vacate or dissolve the TRO.
Many counties have standing orders that issue and are effective as to both parties upon the filing of a Family Law Proceeding. Read such mandatory orders before you file your case.
Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation. Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.
Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;
Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;
The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!
Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation. If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.
Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family. The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.
The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad. This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family. Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.
Tips on Dealing with Holiday Visitation Issues
- Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
- Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
- If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing. Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
- Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends. This is a time for new family traditions and changes from old habits. Put aside your differences with the other parent and make the children’s time happy with good memories.
- If age appropriate, ask your children what is important to them during the holidays. There may be a special place or event that is very important to them; try to accommodate this.
- Enjoy the Holidays with your children. This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
- If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!
Are you now going through or commencing a “High Conflict” Divorce with children where one Alienating Parent is encouraging or programming the child to reject the other parent without legitimate cause or justification. An alienating parent makes a child choose sides to bolster the alienators own parental identity and to undermine the target parent through denigration and interference with the child’s other parent relationship.
Parental Alienation is more common than thought in divorce situations and many alienation situations continue throughout the entire relationship with the target parent and the affected child.
A report from Fidler and Bala (2010) reported increased incidences and judicial findings in parental alienation and estimated signs of parental alienation in 11-15% of divorces with children. Psychiatrist, Dr. William Bernet, Professor at Vanderbilt University and advocate of parental alienation (Sept. 2013) “Almost every mental health professional who works with children of divorced parents acknowledges the PA (parental alienation) affects thousands of families and causes enormous pain and hardship”
What are the warning signs of “Parental Alienation Syndrome”? Beware when a child starts displaying accelerated signs of hatred and anger rejecting any relationship with the target parent. This is especially transparent when a normal relationship existed before the deviant behavior manifests.
Are you having these types of problems with your children? What are the basic symptoms of Parental Alienation(PA)? There are many versions but in our law practice, these are the most visible:
- Under the idea of just being honest, the alienating parent tells the child “the entire family situation” through their opinionated eyes causing the child to think less of the target parent. Placing singular blame for who caused the breakup of the family?
- Alienating Parent refuses to allow the target parent access to school records/activities, medical/doctor records/appointments, extracurricular activities, or anything that would be a shared part of the child/parent life together.
- An Alienating Parent makes demands on the target parent that are contrary to court orders. Allows the child to make choices about parental visits with the target parent contra to existing court orders causing the child to resent the target parent when the changes request cannot or should not happen.
- Alienated parent may schedule the child in too many activities to assure no time is left for the target parent to visit with the child. Both parents need to be flexible with visitation to respond to the child’s need to have a relationship with both parents.
- A parent listens in on the child’s conversation with the target parent or does not allow the child to talk with the target parent at the designed call time.
- Refuses to allow children to takes their possessions to the target parent residence.
- Alienated parent blames the target parent for financial problems, having a boy/girlfriend, or causing changes in the family lifestyle. Forcing adult issues on a minor to gain advantage.
- When the child shows constant anger towards the target parent that accelerates to the point where the child avoids being with the target parent. No justified or demonstrative reason is given or exists for the anger and the child will not discuss the issue.
- The alienating parent will use the child to spy and gather information against the target parent. This can cause the child to demean and fear the target parent while scaring the child’s self-image.
- Alienating parent asks the child about the other parent’s personal life causing the child extreme stress/tension. A child not alienated wants to loyal to both parents.
- Alienating parents have secret codes, signals, and words that reinforce very destructive on-going alienation.
In today’s world Parental Alienation Syndrome (PAS) is now taken very serious in family law courts. Please review the symptoms of parental alienation and see if there are common elements in your relationship with your child to determine if parental alienation may be a factor.
If so, take action to help alleviate this this situation with your child. Contact a medical professional who can help address this form of brainwashing. The alienating parent always feels like they are helping the child, but in reality, by pushing the child into their way of thinking about the target parent, they are pushing the child into a life of low self- esteem, depression, lack of trust, and self- hate. Many times the child will turn on the alienating parent when the real family picture comes out or as they grow and mature.
Nothing is ever gained by demeaning actions by one family member on all other members of the family unit. Many times it may also be necessary to contact a legal profession who is knowledgeable in Parental Alienation situations to legally intercede and help correct family issues before the child and parent regress to a non- existent relationship with each other.
Getting Even by using a child is never fair play. The child has two parents and should be able to have a loving relationship with both.
Are You An Alienated Parent With A Parental Alienation Syndrome (PAS) Family Experience? What Can You Do?
There is nothing worse than a family torn apart by parents who are battling over child custody. Many of these cases are in serious litigation and often, these disputes will continue for years.
What is Parental Alienation Syndrome (PAS)? In the 1980’s, forensic psychiatrist, Dr. Richard A. Gardner noticed a large increase in a disorder where one parent will program or brainwash a child to alienate the other parent. He also found the child was self-creating contributions supporting the alienating parent’s campaign of denigration against the targeted parent.
Dr. Gardner’s definition of PAS: Parental Alienation Syndrome (PAS) is a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilifications of the target parents. (Gardner, the Parental Alienation Syndrome)
There is no pure PAS diagnosis if the child still has a positive relationship with the parent even though the other parent is trying to alienate the child.
Courts are generally more conservative in their judgment acknowledging PAS in high conflict cases. Even though Parental Alienation evidence may be overwhelming, often courts will enter judgments allowing the “parents to make joint decisions about the child’s welfare.” This will not ever happen between two alienated parents! In many situations it will take a dramatic or tragic situation to force the court to change primary custody. When the alienating parent becomes unstable mentally, the court will recognize that there is something “out of line” and will become more supportive of the targeted parent.
What are the Best ways for the Alienated Parent to Deal with the PAS issue?
Keep your “cool”. Never retaliate. Never act in anger since anger=unstable.
Never give up! You cannot let your child grow up in this environment of hate. The child is the victim of a situation that he/she never asked to be in.
Be “Proactive”! It is a terrible situation for the entire family, but work on seeking constructive action to solve the problem. Do not allow yourself to become a victim!
Always keep a journal of dates and times of major key events. Explain when the situation occurred and what happened specifically. Any Witnesses?
Always call and show to pick up the child even when you know he/she will not be there. Try to contact the police to have a record of the no-show event or take a witness to video the denial of possession. You do have an interest in your child, no matter what the alienating parent says.
When you do see the child, focus on enjoying your parent-child time together. Never talk badly about the other parent and do not let children overhear inappropriate conversation on the telephone.
Hire a skilled family lawyer who has experience in parental alienation syndrome issues. Do your homework on PAS and interview the lawyer on his experience and what your issues are. If you are not satisfied look again. This is your life and you are trying to save your child.
Be prepared to financially see this case to the end. Most of these case last for years. You cannot start and stop.
A forensic evaluator in PAS cases is usually an asset in showing that there is truly alienation occurring and recommend changing legal and primary custody to the alienated parent. An appropriate parenting plan included showing how well the child will be taken care of with the alienated parent, is advised.
Always pay your child support on time and never violate court orders. Never give the alienating parent reason to question your behavior.
Last but not least, to show that your parenting skills are superior, take a comprehensive parenting course to be able to show the court that you strive to be the best parent you can to the child, no matter what the alienating parent says.
Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children. Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.
Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support. This body of research is gaining momentum. Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.
As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother. Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.
If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation. The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works. Failing to learn how the family law system works may doom your case. Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.
Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself; 2) obtaining incorrect legal advice (from friends and family rather than a legal expert); 3) signing a settlement agreement they are not in agreement with and later deeply regretting it; 4) failing to perform under the actual settlement agreement signed; and 5) getting frustrated and/or acquiescing to unreasonable orders.
Some of the things you may want to consider as you prepare for the custody battle are as follows:
- Who has the financial ability to best care for the child(ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
- Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
- Who is more stable and/or can provide the best home for the child(ren)?
- Where has the child(ren) been attending school? Is it possible to keep the child in the same school district?
- Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
- Consider if a home study should be prepared regarding each home of the child.
- Consider whether a psychological evaluation should be done on the mother?
- Is drug testing necessary? (Be sure to request hair follicle drug testing.)
- Is there an alcohol or other addiction problem in the home?
- Who can provide the best moral upbringing for the children?
- Is there evidence such as pictures, video tapes, etc. that may help your case?
- Avoid unnecessary compromising photos or data on Facebook or other social networking sites.
List any other relevant issues you feel may be important to your case before you meet with an attorney.
The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.