ACCEPTED 01-15-00934-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/3/2015 12:45:02 PM CHRISTOPHER PRINE CLERK
NOTICE: THIS DOCUMENT FILED IN CONTAINS SENSITIVE DATA 1st COURT OF APPEALS HOUSTON, TEXAS No, 01-15-00934-CV 11/3/2015 12:45:02 PM CHRISTOPHER A. PRINE Clerk In The First Court of Appeals at Houston, Texas
CELIA REAR, Appellant,
v. JASON EDWARD MINTON, Appellee.
On Appeal from the 311 th Judicial District Court Of Harris County, Texas Trial Cause No, 2005-04747 The Honorable Alicia Franklin York, Presiding
JASON EDWARD MINTON'S AMENDED RESPONSE TO CELIA REAR'S MOTION FOR EMERGENCY STAY OF JURY TRIAL Jason Minton files his Amended Response to Celia Rear's Motion for Emergency Stay of Jmy Trial ("Motion for Emergency Stay").
1. This case is set for trial on November 16, 2015, Rear agreed to this trial setting in July 2015 and then filed her jury demand on September 23, 2015,
2. Rear's filing of her Motion for Emergency Stay and Petition for Writ of Mandamus ("Petition") is a ploy to avoid a court-ordered mediation on November 5, 2015 and pre- trial conference on November 6, 2015.
3, This order is an incidental ruling for which mandamus does not lie, In re Entergy Corp., 142 S.W.3d 316, 320 (Tex. 2004) ("As a general rule, mandamus does not lie to correct incidental trial court rnlings when there is a remedy by appeal.")
4. Implicitly acknowledging this high legal hurdle, Reat· complftins about the trial court's denial of her Plea to the Jurisdiction ("Plea") and Request for the Comt to Decline Jurisdiction ("Request"). (orig. proceeding) (mandamus denied because relator failed to seek mandamus relief for fom months after demand fo1' jury trial was denied).
6. The Court could also deny Rear's Motion for Emergency Stay and Petition on the basis that mandamus does not lie for the review of the trial cotni's rnling on Rear's Plea. Bell Helicopter Textron, Inc. v. Walke,; 787 S. W.2d 954, 955 (Tex. 1990) (holding that mandamus was not appropriate to review trial court's denial of plea to the jurisdiction based on Jack of subject matter jurisdiction).
7. Rear argues that "[i]fthis case is permitted to go to trial prior to this Court's ruling on the petition for writ of mandamus, significant resources will be wasted." Emergency Motion for Stay at 2. It is axiomatic that the cost and delay of pursuing an appeal will not render an appeal an inadequate alternative to mandamus review. See id.
8. Alternatively, Rear asks the Court to grant her emergency and mandamus relief because she is a Wisconsin resident, and Texas is an inconvenient forum. See Emergency Motion for Stay at 2-3.
9. Rear should be estopped from making her forum non conveniens argument. The original trial setting was July 13, 2015, At that time, Celia Rear availed herself of the Court by agreeing to sign Temporary Orders (see attached Exhibit "A"), and thereby found Texas to be a convenient forum. These handwritten Temporary Orders were signed by the Court Oil July 13, 2015.
I 0. The Agreed Temporary Orders were submitted in a formal form and signed by the Com! on September 21, 2015 (see attached Exhibit "B").
For these reasons, Appellee requests the Court to deny Celia Rear's Motion for Emergency Stay of Jury Trial.
Respectfully submitted,
THE O'NEJLL LAW FIRM, PLLC 1900 Memorial Drive Houston, Texas 77007 Telephone: (713) 523-5402 Facsimile: (713) 523-5295
By:~/i;=~=·-¥.-:r:-'.-JL.?2---L>IIL=~~·-- ALICE J. O'NEILL State Bar No. 00788145 Attorney for JASON EDWARD MINTON CERTIFICATE OF CONFERENCE
I certify that a reasonable effort has been made to resolve this dispute but the pm1ies have been unable to do so.
ALICEJ. O'NEILL CERTIFICATE OF SERVICE
I hereby certify that a trne and correct copy of the foregoing Amended Response to Celia Rear's Motion for Emergency Stay of Jury Trial has been served on all counsel of record pursuant to the Rules on this 3rd day of November, 2015, as follows:
VIA FAX (281) 516-8223 Ms. Bethany G. Amold Law Office of Bethany G, Arnold 1314 Texas Avenue, Suite 1515 Houston, Texas 77002
VIA FAX (713) 743-2195 Ms. Barbara J, Stalder Ms. Janet Heppard University of Houston Law Center Clinical Legal Education 100 Law Center Houston, Texas 77204 IJLTd}1!J ALICEJ. O'NEILL .lJ:l ll 1w fill .IJJI Chris Dan,el EXHIBIT A 01;it•1ot Clor~ ~I - ~ , -...·-·--· -- _, ____
---!+-----------·----~-
--+f-------------~~-~----
~ ' '
z ___.1'fj!---ll----~----·--·---'-- g I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and 01· recorded in my office, electronically or hard copy, as it appears on this date. Witness rny official hand and seal of office this November 3. 2015
Certified Document Number: 66212312 Total Pages; 3
Chris Daniel. DISTRICT CLERK HARRIS COUNTY. TEXAS
In accol'dance with Texas Government Code 406.013 electl'onically !l'ansmitted anthentlcated documents arc valid, If there ls a question regarding the validity of this document and 01· seal please e-mail support@hcdlstr!ctclerk,com 9/18/2016 2:51 :20 PM Chris Daniel - Dlshicl Clerk Harris County Envelope No. 6996421 By: Jessica coworas Flied: 9/16/2016 2:51:29 PM Pgs-15 CAUSE NO. 2005-04747 (3)· IN THE INTEREST OF § lN THE DISTRICT COURT OF TEOK § S A, M-llf § HARRIS COUN'l'Y, TICXAS § A CHILD § 311TH JUDICIAL DISTRICT
TEMPORARY ORDERS 7113 On - - - - ______, 2015, !he Coul't hearing this case. l, Appemw1ces
Petl!lonel', JASON EDWARD MINTON, appem-ed In person and through attorney of l'CCDl'd, Alice J, O'Neill, mid anno1mced ready,
Respondent, CELIA A. REAR, appeared in person and !hro11gh attorMy of l'ecord, Betlmny O. Amold, and announced ready.
Also appemoJng was Barbara J, Stalder, mn!cus attorney, 2, .l11rlsdlo//011
The Co,n't, after examining tho l'ccord mid hcmoJng the evidence and argument of counsel, finds tlrnt all necessary prorequisl!es of the law have been legally satisfied and that the Cou1'! ha6 J11rlsdic1lou of this case and of all the pa!'ties.
3. Child
The following orders are for the safety a11d welfare mid in the best interest of the following child: Name: S A.Mlllll!IIB Sox: Female EXHIBIT B Birth date: Home stute: Texas
IT JS ORDERED tlmt JASON EDWARD MINTON und CELIA A. REAR are appointed Temporm·y Joint Mmrnging Conservators of the child: A. Mm•
IT IS ORDERED that, at all times, JASON EDWARD MINTON mid CllLIA A. RBAR, as Parent Tcm\,orai·y Joint Managing Conse1vators1 shall have the following rights: I, the right to receive lnfol'llrntlon from any other conservator of the child concomlng the health, education, and welforo of the child;
Page I of 15 2. the rlght to confer with the other parent to the extent possible before making a decision concerning the henlth, educntlon nnd welfare of the child;
3. tho right of access to medical, dental, psychological, and educational records of the child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials concerning the child's welfare and ech1catlo11nl status, including school activities;
6. the l'lght to allend school activities;
7. the right to be designated on the child's records ns n11ernon to be notified in case of nn c1ne1·gcncy;
8.
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ACCEPTED 01-15-00934-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/3/2015 12:45:02 PM CHRISTOPHER PRINE CLERK
NOTICE: THIS DOCUMENT FILED IN CONTAINS SENSITIVE DATA 1st COURT OF APPEALS HOUSTON, TEXAS No, 01-15-00934-CV 11/3/2015 12:45:02 PM CHRISTOPHER A. PRINE Clerk In The First Court of Appeals at Houston, Texas
CELIA REAR, Appellant,
v. JASON EDWARD MINTON, Appellee.
On Appeal from the 311 th Judicial District Court Of Harris County, Texas Trial Cause No, 2005-04747 The Honorable Alicia Franklin York, Presiding
JASON EDWARD MINTON'S AMENDED RESPONSE TO CELIA REAR'S MOTION FOR EMERGENCY STAY OF JURY TRIAL Jason Minton files his Amended Response to Celia Rear's Motion for Emergency Stay of Jmy Trial ("Motion for Emergency Stay").
1. This case is set for trial on November 16, 2015, Rear agreed to this trial setting in July 2015 and then filed her jury demand on September 23, 2015,
2. Rear's filing of her Motion for Emergency Stay and Petition for Writ of Mandamus ("Petition") is a ploy to avoid a court-ordered mediation on November 5, 2015 and pre- trial conference on November 6, 2015.
3, This order is an incidental ruling for which mandamus does not lie, In re Entergy Corp., 142 S.W.3d 316, 320 (Tex. 2004) ("As a general rule, mandamus does not lie to correct incidental trial court rnlings when there is a remedy by appeal.")
4. Implicitly acknowledging this high legal hurdle, Reat· complftins about the trial court's denial of her Plea to the Jurisdiction ("Plea") and Request for the Comt to Decline Jurisdiction ("Request"). (orig. proceeding) (mandamus denied because relator failed to seek mandamus relief for fom months after demand fo1' jury trial was denied).
6. The Court could also deny Rear's Motion for Emergency Stay and Petition on the basis that mandamus does not lie for the review of the trial cotni's rnling on Rear's Plea. Bell Helicopter Textron, Inc. v. Walke,; 787 S. W.2d 954, 955 (Tex. 1990) (holding that mandamus was not appropriate to review trial court's denial of plea to the jurisdiction based on Jack of subject matter jurisdiction).
7. Rear argues that "[i]fthis case is permitted to go to trial prior to this Court's ruling on the petition for writ of mandamus, significant resources will be wasted." Emergency Motion for Stay at 2. It is axiomatic that the cost and delay of pursuing an appeal will not render an appeal an inadequate alternative to mandamus review. See id.
8. Alternatively, Rear asks the Court to grant her emergency and mandamus relief because she is a Wisconsin resident, and Texas is an inconvenient forum. See Emergency Motion for Stay at 2-3.
9. Rear should be estopped from making her forum non conveniens argument. The original trial setting was July 13, 2015, At that time, Celia Rear availed herself of the Court by agreeing to sign Temporary Orders (see attached Exhibit "A"), and thereby found Texas to be a convenient forum. These handwritten Temporary Orders were signed by the Court Oil July 13, 2015.
I 0. The Agreed Temporary Orders were submitted in a formal form and signed by the Com! on September 21, 2015 (see attached Exhibit "B").
For these reasons, Appellee requests the Court to deny Celia Rear's Motion for Emergency Stay of Jury Trial.
Respectfully submitted,
THE O'NEJLL LAW FIRM, PLLC 1900 Memorial Drive Houston, Texas 77007 Telephone: (713) 523-5402 Facsimile: (713) 523-5295
By:~/i;=~=·-¥.-:r:-'.-JL.?2---L>IIL=~~·-- ALICE J. O'NEILL State Bar No. 00788145 Attorney for JASON EDWARD MINTON CERTIFICATE OF CONFERENCE
I certify that a reasonable effort has been made to resolve this dispute but the pm1ies have been unable to do so.
ALICEJ. O'NEILL CERTIFICATE OF SERVICE
I hereby certify that a trne and correct copy of the foregoing Amended Response to Celia Rear's Motion for Emergency Stay of Jury Trial has been served on all counsel of record pursuant to the Rules on this 3rd day of November, 2015, as follows:
VIA FAX (281) 516-8223 Ms. Bethany G. Amold Law Office of Bethany G, Arnold 1314 Texas Avenue, Suite 1515 Houston, Texas 77002
VIA FAX (713) 743-2195 Ms. Barbara J, Stalder Ms. Janet Heppard University of Houston Law Center Clinical Legal Education 100 Law Center Houston, Texas 77204 IJLTd}1!J ALICEJ. O'NEILL .lJ:l ll 1w fill .IJJI Chris Dan,el EXHIBIT A 01;it•1ot Clor~ ~I - ~ , -...·-·--· -- _, ____
---!+-----------·----~-
--+f-------------~~-~----
~ ' '
z ___.1'fj!---ll----~----·--·---'-- g I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and 01· recorded in my office, electronically or hard copy, as it appears on this date. Witness rny official hand and seal of office this November 3. 2015
Certified Document Number: 66212312 Total Pages; 3
Chris Daniel. DISTRICT CLERK HARRIS COUNTY. TEXAS
In accol'dance with Texas Government Code 406.013 electl'onically !l'ansmitted anthentlcated documents arc valid, If there ls a question regarding the validity of this document and 01· seal please e-mail support@hcdlstr!ctclerk,com 9/18/2016 2:51 :20 PM Chris Daniel - Dlshicl Clerk Harris County Envelope No. 6996421 By: Jessica coworas Flied: 9/16/2016 2:51:29 PM Pgs-15 CAUSE NO. 2005-04747 (3)· IN THE INTEREST OF § lN THE DISTRICT COURT OF TEOK § S A, M-llf § HARRIS COUN'l'Y, TICXAS § A CHILD § 311TH JUDICIAL DISTRICT
TEMPORARY ORDERS 7113 On - - - - ______, 2015, !he Coul't hearing this case. l, Appemw1ces
Petl!lonel', JASON EDWARD MINTON, appem-ed In person and through attorney of l'CCDl'd, Alice J, O'Neill, mid anno1mced ready,
Respondent, CELIA A. REAR, appeared in person and !hro11gh attorMy of l'ecord, Betlmny O. Amold, and announced ready.
Also appemoJng was Barbara J, Stalder, mn!cus attorney, 2, .l11rlsdlo//011
The Co,n't, after examining tho l'ccord mid hcmoJng the evidence and argument of counsel, finds tlrnt all necessary prorequisl!es of the law have been legally satisfied and that the Cou1'! ha6 J11rlsdic1lou of this case and of all the pa!'ties.
3. Child
The following orders are for the safety a11d welfare mid in the best interest of the following child: Name: S A.Mlllll!IIB Sox: Female EXHIBIT B Birth date: Home stute: Texas
IT JS ORDERED tlmt JASON EDWARD MINTON und CELIA A. REAR are appointed Temporm·y Joint Mmrnging Conservators of the child: A. Mm•
IT IS ORDERED that, at all times, JASON EDWARD MINTON mid CllLIA A. RBAR, as Parent Tcm\,orai·y Joint Managing Conse1vators1 shall have the following rights: I, the right to receive lnfol'llrntlon from any other conservator of the child concomlng the health, education, and welforo of the child;
Page I of 15 2. the rlght to confer with the other parent to the extent possible before making a decision concerning the henlth, educntlon nnd welfare of the child;
3. tho right of access to medical, dental, psychological, and educational records of the child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials concerning the child's welfare and ech1catlo11nl status, including school activities;
6. the l'lght to allend school activities;
7. the right to be designated on the child's records ns n11ernon to be notified in case of nn c1ne1·gcncy;
8. the right to consent to medical, dental, nnd surgical t1·cntmont during nn emergency involving an lmmedlnte
9. the l'lght to mnnnge the estates of the child to the extent the estate has been created by the parent or the parents fomily; and,
I0. the right to inhorlt from and through the ohild.
His ORDERED that, at all times, .TASON EDWARD MINTON, Petitioner, and CELIA A. REAR, Respondent, ns Parent Joint Managing Conservators, shall each J1ave the fol!owlng dutio.~:
I. the duty to Inform the other conservators of the child In a timely manner of slgniJlcnnt lnformatlon concerning tho health, education, and welfare of the child; fill(],
2. tho duty to Inform tho other conservators ofthc child if tho conservator resides for ut lenst thlrty (30) days, man) dny after the dnto the mal'l'iage oco111·s, HS HJ)Jll'OJ)l'lnte. It is ORDERED thal the notice must Include a description of the offense thft! is the basis of the person's requirement to register ns n sex offender or of the offense with which the person is ohm·gcd. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MfSDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS
Page 2 of 15 NOTICE.
It ls ORDERED thnt, during thell' l'espectlve pel'iocls of possessions, JASON EDWARD MINTON, Petltioncl', and CELIA A. REAR, RcsJ)ondcnt, as Pnl'ent Joint Mmrnglng Conse1·vators, shall each hove the following l'lghts ancl duties:
I. the d\1\y of care, ·control, J)l'Otcctlon, mid reasonable discipline of the child;
2. the d11ty to snpport the child, Including provldlng the child with clothing, food, shelte1·, and medical and dental care not involving an invasive procednre;
3. the right to consent fol' the child to medical mid dental care not Involving an Invasive proccd1ll'c; and,
4, the right to direct the moral and l'cliglo11s trnlnlng of the child.
It is ORDERED that dmlng his period of poss\lsslon, JASON EDWARD MINTON, as a Parent Joint Managing Cousei·vator, shall have the following rights and duties:
I, the exclusive right to designate tho primary residence of the child, without regnrd to a geographic restriction;
All other l'ights and duties al'e per previo,1s order signed Mny 10, 2010,
Possess/011 am( Access
IT IS ORDERED thnt ench conservator shall comply with all terms and conditions of this Modified Stnndnrd Possession Order. IT IS ORDERED that his Modified Standard Possession Order ls effective Immediately m1d applies to nil periods of possession on and nfter the dnte the Court signs this Modified Stm1clard Possession Orde1•. IT IS, THEREFORE, ORDERED:
(a) Dellnitlons
1. Jn this Modlllcd Standard Possession Order, "school" means the prlmm·y or secondary school In which the child ls enrolled or, if the child ls not enrolled In a prlma1y or secondm·y school, tho public school district In whiol1 the child prhnarlly resides,
2. In this Modified Standard Possession Order, "child" lnclndes each child, whether one or more, who ls a subject of this suit while that child is under the age of eighteen years ond not otherwise emancipated,
(b) M11tnnl Agl'eement or Specified Terms for l'oRResslon
IT IS ORDERED that tl1e conse1·vato1·s shall lmve possession of the child at time mulllnily
Pnge 3 of 15 ngreed to in advm1ce by the parties, and, in the nbsence ofmutmtl agreement, it Is ORDERED that the conservators shall have possession of the child nnder the specified terms set ont In this Modified Standard Possession 01·de1·. JT IS ORDERED that CELIA A. REAR discuss and determine periods of possession ond access with JASON EDWARD MINTON before the child ls evel' made aware of the plm1s.
c) Weekend Possession of CELIA A. REAR
Except us otherwise expressly provided in this Modified Standard Possessio11 Order, CELJA A. REAR slmll have the right to possession of the child as follows:
l. Weekends • Unless CELIA A. REAR elects the alternative period of weekend possession desc1'1bcd hi the next parngrnph, CELIA A. REAR shall have the rlght to possession of the child on weekends that occur during the regular school term, begltmlng at 6:00 p.m. on the first, thkd and fifth Friday of each month and ending at 6:00 p.m. on the following S1mday, and 011 weekends that do 1101 occur dmlng the 1·egnlu1· school term, beginning at 6:00 p.m. on the first, lhlrd and fifth Friday ofeaoh month mid ending at 6:00 p.m. on the following Sunday.
Altemative Weekend Possession • In 1ie11 of the weekend possession descrlbed In the foxegoing parngrnph, CELIA A. REAR slrnll have the right to possession of the child not more than one weekend per month of CELIA A. REAR'S choice beghming at 6:00 p.m. 011 the day school recosses for the weekend and ending at 6:00 p,m, on the day before school resmnes af\er the weekend. CELIA A. REAR may elect mi option fol' this alternative perlod of weekend possession by giving wl'luen notice to JASON EDWARD MINTON. If CEUA A, REAR makes this election, CELIA A, REAR shall give JASON EDWARD MINTON fomteen days' written notice preceding a dcslgnnted weekend; written notice incl11des certified mall, enmil, and text messages. The weekends chosen shall not conflict with the provlslons regarding Cht·lstmns, Thanksgiving, the child's bMhdny, mid Pother's Day below.
2. Weekend Possession Extended by a Holiday
Except as otherwise expressly provided In this Modifled Standard Possession Order, if a weekend pedod of possession by CELIA A. REAR begins on n student holiday 01· a tenoher in-service dny thnt falls on a Friday durlng the reguim· school term, as detcm1lned by the sohool 111 which the child are enrolled, 01· a federal, state, or local holiday that falls on a Friday during the summet• months when school ls not In session, thot weekend pe1fod of possession sholl begin nt tho time the child's school ls regulal'iy dismissed on the Thmsday immediately preceding the student holidny or tencher In-service day and 6:00 p.m. on the Tlmrsday Jmmecllatoly preceding the federnl, state, 01· locnl holiday during the s11mme1· months.
Except as otherwise expressly provided in this Modified Standard Possession Order, if a weekend period of possession by CELIA A. REAR ends 01· is immediately followed by a student holiday or a teaohei· 111-sel'vlce day that foils on a Monday dmlng thl.' regular school term, 11s determined by the school in which the child arc enrolled, 01· a federal, state, 01· local holiday, that fol ls on a Monday dmlng the summer months, when school is not in session, that weekend period
Page 4 of 15 of possession shall end at 6:00 p.m. 011 that Monday.
3. Extended Summel' Possession by CELIA A. REAR •
S11111111er 201 S
CELIA A, REAR slmll have possession of the child beginning at 6:00 p.m. 011 July 13, 20 I5 nnd ending nl 6:00 p.m. on July 18, 20 IS.
(d) Holidays Unaffected by Distance
1. Tlmnks(living 2015 • CELIA A. REAR slmll lrnve fhe right to possession of the child beghming at 6:00 p.m. on the Friday following Thanksgiving 2015 until 6:00 p.m. on lhe Sunday following Thanksgiving 2015, if she elects to do so, in addition to her one weekend of vlsltation in Novcmbe1• 2015.
2. Chl'istmas 2015 •· Chl'lstmas vacation will bo poi· previous ordo1· signed May 10, 20 l O. Attorneys wlll agree on travel dates on a later date.
(e) Undcsignated Pol'iods of Possession
JASON EDWARD MINTON shall have the right to possession of tho child al all other limes not speclflcally designated In this Modi fled Standard Possession Ol'de1· for CELIA A. REAR.
(f) General Terms and Conditions
Except os otherwise expressly provided in this Modified Standord Possession Order, the terms and conditions of possession of the ohlld thnt apply regardless of the distance between the residence of a parent and the child arc as follows:
1. Surrender of Child by JASON EDWARD MINTON • JASON EDWARD MINTON is ORDERED to surrender the child to CELIA A. REAR at the beginning of each period of CELIA A. REA R's possession at the residence of JASON EDWARD MINTON,
If a period of possession by CELIA A. REAR begins at the time the child's school ls reguliil'ly dismissed, JASON EDWARD MINTON Is ORDERED to surrende1· the child to CELIA A. REAR at the beginning of each such pel'iod of possession at the school in which the child ls emolled. Ifthc child Is not in school, CELIA A. REAR shall pick up the child at the residence of JASON EDWARD MINTON at 6:00 p.111. mid JASON EDWARD MINTON is ORDERED to surrender the child to CEl,lA A. REAR at the residence of JASON EDWARD MINTON at 6:00 p.m. undet' these ch'e11111sta11ees. 2. Surrender of Child by CELIA A. REAR· CELIA A. REAR ls ORDERED to return
Page 5 of 15 the child to the residence ofJASON EDWARD MINTON nt the end of ench perlod of possession. However, It is ORDERED that, if JASON EDWARD MINTON and CELIA A. REAR live in the same county nt the time of rendition of this orde1·, CELIA A. REA R's county of residence remains the same nfter rendition of this order, mid JASON EDWARD MINTON's county of residence changes, effective on the date of the change of residence by JASON EDWARD MINTON, CELIA A. REAR slmll surrender the chlld to JASON EDWARD MINTON nt the residence of CELIA A. REAR at the end of each period of possession.
!fa period of possession by CELIA A. REAR ends nt the time the child's school resumcs, CELIA A. REAR Is ORDERED to s111·1·ende1· the child to JASON EDWARD MINTON at the end of each such period of possession at the school In which the child ls onrollcd or, If the child is not in school, at the residence of JASON EDWARD MINTON nt 8:00 a.m,
3. S1ll're11der of Chlld by CELIA A. REAR • CELIA A. REAR is ORDERED to surrender the child to JASON EDWARD MINTON, If 1he child is in CELIA A. REAR's possession 01· subject to CELIA A. REAR's contwl, at the begi11nlng of each pel'lod of JASON EDWARD MINTON's exclusive periods of possession, at the place designated in this Modified Standard Possession Orde1·.
4, Return of Child by JASON EDWARD MINTON· JASON EDWARD MINTON ls ORDERED to return the child to CELIA A. REAR, if CELIA A. REAR ls entitled to possession of the child, at the end of JASON EDWARD MINTON's excl\lslve periods of possosslon, at the place designated In this Modified Stnndard Possession Order. 5. Personol Effects • Each conservator is ORDERED to return with the child the personal effects Umt the child bro11ght nt the beginning of the pel'iod of possession,
6. Designation of Competent Adult - Each conservator may designate any competent ad11lt to pick up and reh1rn the child, as nppllcnble. IT IS ORDERED that n conse1·vntor or a designated competent adult be present when the child ls picked up or ret\lrncd.
7, Inability Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion thnt the conservator will be 1mabie to exerciso that conservato1•'s t'lght of possession for ony specified period.
8. Wl'itten Notice - Written notice, Including notice J)l'OVldcd by electrnnic mail or focshnl!e, shall bo deemed to have been timely made If received 01·, Jf applicable, postmarked before or at the time thnt notice Is due. Eaoh conservator Is ORDERED to notify the othe1· conservator ofnny clrnnge in the conservator's olectronlc mall ad dress or faosimlle number within twenty- fom· ho11rs after the ohange. 9. Notice to School and JASON EDWARD MINTON· If CELIA A. REA R's time of possession of the child ends at the time school resmnes m\d fo1· any ronson the a child is not or will not be returned to school, CELIA A, REAR shall immediately notify the school and JASON EDWARD MINTON that the child wlll not be or has not becn rclurn io school.
Page 6 of 15 This concludes the Modified Stm1da1·d Possession Ordel',
Tefepftoue Access
It is ORDERED that each pal'ty slrnll have roasonablo tolophono access to the child when th\l child is in the other party's possession.
Cftlld Support
As of July 13, 2015, it is ORDERED thnt JASON EDWARD MlNTON's obligation to pay cblld st1pport is tempornl'l!y suspended. If CELIA A. REAR receives any child support payments fl'om JASON EDWARD MINTON, she is to return said payments immediately, 11nloss such payment is for amounts d\le priol' to July 13, 2015.
It Is ORDERED that CELIA A. REAR shall not pay ohikl support.
Health Care
TT IS ORDERED that JASON EDWARD MINTON and CELIA A. REAR shall provide 111edlcnl S\IPJ)Ol't for the child as set out In this Ol'dol' as addl(lonal child suppoit fol' as long as this Co11rt tnny 01'de1· JASON EDWARD MINTON CELIA A. REAR to provide sllpport fot· the child \lt1del' sections 154.001 mid 154.002 of the Texas Family Code. Beginning on the day JASON EDWARD MTNTON's and CELIA A. REAR's nchrnl or potential obligation lo support lhe child \mder soctlons 154.001 and 154,002 of tho Fmnlly Code terminates, IT IS ORDERED !hat JASON EDWARD MINTON m1d CELJA A. REAR are discharged from tho obligations set fotth In this medical suppol't ol'der, except fol' any failure by a parent to fully comply wlth those obligations beforn that date,
Definitions· "Health Insurnnce" means insurance covcrnge that pi·ovldos basic health-cm·e services, Including usual physician sel'vices, office visits, hospitallzntion, mid laboratOl')', X-rny, and emergency se1·vlces, that may be provided thl'Ough a health mainteimnce orgnniza11on 01· othel' privato or public organization, other tlrnn mod!cal assistance under chapter 32 of the Texas Human Resoul'ces Code.
"Reasonable cost" means the cost of health insurance covemge for a child that does not exceed 9 pel'cent of JASON EDWARD MINTON 's 01· CELIA A. REAR's anmml resources, as descl'ibed by scctlon 154.062(b) of the Texas Family Code.
"Reasonable and nccossm·y health-care expenses not paid by insurance and lnc111·1·ed by 01· on belrnlf of n ohll
Page 7 of 15 nccessm·y health.care expenses do no! incl11de expenses for travel to and from !he henlth-oare pl'Ovlde1· 01· fot· nonprescl'lptlon medioatlon.
"Fmnish" means:
a. to hand deliver tho doo\lmcn\ by a person eighteen years of age 01· 01de1· either to the recipient or to a person who is eighteen )'ears of' age or older and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mall, return recelpl requested, to the reclple111's last known malling or residence address; or
o. to deliver the document to the recipient at the recipienl's !Hsi known malling or residence address using any _person or e11tlty whose pl'lnclpal business Is that of a co111'ior 01· dellvere1· of papers 01· cloc\llnenfs either within or O\lfside the United Stales.
Findings on Heolth lns11rnnce Availability- Having considered the cost, accessibility, and qllallty of health insurance covernge avalloble to the pal'ties, the Co1ll'I finds:
Health ins\lrance is available 01· is in effect for the child through JASON EDWARD MTNTON's employment 01· membership In fl ,mlon, trnde flssoclntion, or othel' organization at fl reasonable cost. IT IS FURTHER FOUND that the following orders regordlng health-care coverngc al'o in the best lt1tercst of tlw child.
Pl'ov/s/011 ofHe11fth-Cal'e Covel'age •
As child s11ppol'I, JASON EDWARD MJNTON Is ORDERED to conthme to maintain health insurance for the child who ls the subject of this suit that covers bnsic health-care sel'vlces, lnoludlng usual physlcla11 services, office visits, hospitalization, laboratory, X-ray, and emergency services.
JASON EDWARD MTNTON is ORDERED to maintain such health lnsurnnce in full force and effect on the child who Is !he subject of !his suit as long os child support is Jmyable fo1· that child. JASON EDWARD MINTON in ORDERED lo convert miy g1·011J> lnsul'onco to indlvld\lal covernge or obtain other health insurance for the child within fifteen dnys of termination of his employment or other disquallflcnlion fl'om the group insimmoe. JASON EDWARD MINTON Is ORDERED to exercise any conversion options or 11cqnisition of new hcnlth lnsurnnce ln such a mmmer that the rnsulting insurance equals or exceeds that in effect Immediately before the change, JASON EDWARD MfNTON is ORDERED to furnish the othet• parent, and the Office of the Attomcy General Child Support Division a1rne and correct copy of the health insurance policy 01· cerllficatlon and a schedule of benefits within thirty (30)
Page 8 of 15 othet· party any insmnnce cheoks, other payments, 01· explmrntlons of benefits relating to ony medico! expenses fo1• the child that JASON EDWARD MINTON paid or Incurred. Pnrsimnt to section 1504.051 of the Texas Jnsurnnce Code, It Is ORDERED thot If JASON EDWARD MINTON Is eligible for dependent l1ealth covernge but foils to apply to obtoln covernge fot' the child, the lns\ll'et• slmll enroll the child on application of CELIA A, REAR 01· others as authorized bylaw.
Pursuant to section 154.18 (c) of the Texas Family Code, the reasoirnble and necossary hcnlth-oarc expenses of the child tlrnt arc not reimbursed by health lnsnrnnce are allocated os follows: CELIA A. REAR ls ORDERED to pay 50 percent and JASON EDWARD MINTON Is ORDERED to pay 50 percent of the 1111relmburscd health-care expenses if, al the time tho expenses lll'e lnc111'l'ed, .TASON EDWARD MINTON Is providing health lnsurnnce as ordered.
The party who h1c11rsa health-care expense on belmlfofthe child ls ORDERED to submit to the other party all forms, receipts, bills, statements, and explmrntions of benefits reflecting the 1mi11s11red portion of the health-care expenses within thhiy days after he 01· she receives them.
The nonlncnrrlng pmty is ORDERED to pay his or he1· percentage of the uninsured portion of the health-care expenses either by paying the health-core provider directly or by rehnb\lrsilig the incurring party for any advance payment \lXCeedlng the incmrlng party's percentage of the uninsured portion of the health-care expenses within thhty days afte1· the nonlncurrlng party 1·ecelvos lho forms, receipts, bills, statements, and explanations of benefits.
These provisions apJJly to all 111u·eimbm·scd health-care expenses of the chlld who ls the subject of this suit that are Incurred while child support is pnynble fo1· the child. Sccondmy Coverage. IT IS ORDERED that !fa party provides secondal'y health Insurance coverage fot· the child, both parties shall coopernle fully with regard to the hm1dllng and filing of claims with the Jns\lrnnce canier providing the coverage In order to mmdmize the benefits available to the child and to ensure that the party who pnys fo1· hoalth-cnre expenses for the child is reimbursed for the payment from both carriers to the fullest extent possible, ' Compliance with lnsurnnee Compm1y Requirements • Eaoh party Is ORDERED to conform to nil requirements Imposed by the terms nnd co11ditio11s of the policy of health insurance covering the child in order to assme the maxhmnn reimbmsement 01· direct payment by the insurance company of tho incuned henlth-cm·o expense, including but not limited to requirements for advm1ce notice to any carl'iel', second opinions, and tho like. Each pal'ty ls ORDERED to 11se "preferred providers," 01· se1'Vices· within the health mnintonance orgm1izatlon, If nppllcnble. Dlsnllowancc of the blll by a health l11smcr shnll not exc11se the obligntlon of either pai·ty to moke payment. Excepting emergency health-care expenses inc\ll'l'ed on behalf of the child, if a pa1·ty inc\lrs henlth-core expenses fol' the child \tsing "ollt-of-network" henlth-care providers 01· servlcos, 01· foils to follow the health l11s\lra11ce company pl'Ocod\tres 01· 1·equlremcnts, that pm·ly shall pay all such health-care expenses h1ctnTed absent (I) written agreement of the parties aliooaling s11ch henlth-cm·e expenses or (2) further order of the Court.
Page 9 of 15 Clnlms • Except us provided In this pnragrnph, the pnrty who is not carrying the henllh lnsurnnce policy covering the child Is ORDERED to f\1rnlsh to the party cnn·ylng the policy, within fifteen days of receiving them, nny mid all forms, receipts, bills, and statements reflecting the henllh-cnre expenses the 1mrty not carrying the policy incms on behalf of the child. In accordance with section l 204.25 l nnd 1504.055(n) of the Texas Insurnnco Code, IT IS ORDERED that the party who Is not ca1·ryi11g the henlth l11sura11ce policy covel'ing the child, ul lhnt party's option, mny file any claims fo1· henlth·cUr\l expenses dlreclly with the insurance cnl'l'le1· with and from whom coverage is provided fo1· the benefit of the child and receive payments directly from the lnsurnnce compm1y. Pul'the1·, for the sole pmpose of section 1204 .251 of the Texas lns11rnnce Code, the. other pal't)' ls designated tho managing conservators or possessol')' consel'vators of tho child.
The pmly who is canying the health l11s11rn11ce policy covering the child ls ORDERED to submit nll forms required by lhe insurnnco company fo1· payment 01· relmb11rseme11t ofhealth-oare expenses lnolll'red by either pm·ty 011 behnlfofthe child to the !nsurnnce cmTler within fifteen days of Iha! party's receiving any form, l'ecelpt, blll, or statement reflecting the expenses.
Constrnctive Trust for Payments Received - IT rs ORDERED that any lnsumnce l>ft)'ll\Cllts received by a pnl'IY from the health insurnnce carl'iel' as l'elmb\ll'scmcnt foi· hcalth-cnl'e expenses l110111'red by 01· on belrnlf of the child shall belong to the patiy who paid those expenses. IT IS FURTHER ORDERED that the party receiving the lnsurnnce payments Is designated a cons!l·\totlve tnisteo to receivo any !ns11ranco oheoks or payments for health-cm·e expenses paid by the other party, and the pal't)' cm'l'ylng tho policy shall endorse and forward the cheoks or payments, nlong with any explmmt!on ofbene.llts recolvod, to the other pm1y within three days of receiving them.
WARNING· A PARENT ORDERED TO PROVIDE HEALTH lNSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF '!'HE CHILD, WITHOUT REGARD TO WHF.THER THE EXPICNSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTlUBUTIONS, IF ANY, PAID ON BEHAl,F OF THE CHILD,
Medical Notljlc11tlo11 Each party is ORDERED to Jnform the othe1• party within fo\11' homs of ony medlcul condition of the child l'equll'lng Slll'gical lntcrven!ion, hospltollzotlon, or both.
Within 1Odays after the Court signs this Order, each pm'ly is ORDERED to exeo11te:
1, All necessmy releases p11rs11ant to the Henlth lns1n·nnco Pol'tabllity and Accountablllty Act (HIPAA) and 45 C.F.R. Section 164.508 to permit tho other conservntol' to obtain health-cnre i11formatlo11 regardi11g the child; uml,
2. for nil heolth,care 1irnvldo1·s of the child, ml n11thorizatio11 for disclosure of
PagelOof 15 protected health information to the other conse1·1•atol' pursuant to the HIPAA mid 45 C.F.R, Section 164,508.
Each pm·ty ls ORDERED to designate the other conservator as a person to whom protected health Information regarding the child may be disclosed whenevet· the party executes un imthol'lzation for dlselos11re of protected health information p11rsua11t to the HIPAA and 45 C.F.R. Section 164.508.
1'rovls/011sfo1• Travel It is ORDERED tlmt the following provisions shall govern the arrangement for the travel of the child to and from CELIA A. REAR: Notice of Place and TilnitQf Possossion "Ii Is ORDERED that, If CELIA A. REAR desires to take possession of the child nt an airpo1t nem· CELIA A. REAR's residence, CELIA A, REAR shall stl\tC these focts in a notice lette1• to JASON EDWARD MINTON:
1. the airport where JASON EDWARD MINTON ls to surrender the child;
2. the date and time of the flight on which the child Is sched\lled to leave;
3. !he ail'Jine and flight nllmber of the ah'plano on which the child ls sohed\1led to leave; 4, the ah·port where the child will retttm to JASON EDWARD MINTON nt the end of the pel'lod ofpossesslon; 5. the dote nnd lime of the flight on which the child is scheduled to return to that all'pOl'li mid, 6. the airline nnd flight nttmbe1· of the ail'plnnc on which the child is scheduled to return to JASON EDWARD MINTON at the end oflhe pedod ofpossesslon.
Flight An·ungenwnts " rt ls ORDERED thnt CELIA A, REAR shall make airline r~sel'vatlons fol' the child only on major commercial passcnge1· ali'llnes on flights hnvl11g no clrnngc of airplanes between the airport of depm·tm·e and the airpo1·t of final al'l'lval (a "noneq11lpment chango flight"). It is fut1herORDERED that CELIA A. REAR shall make ait'llne reservatlons fol' the ohild on fllghts !hat depart from a Houston, Toxns ah·pol't Ol', if JASON EDWARD MINTON moves 011! of the stale of Texas, the commel'cial afrport closest to tho residence of JASON EDWARD MINTON lhnt offers l'eg11lmly sohed11led pnssenger flights to vario,ts cities thl'011ghoot the United Stales on major commerolnl passenger airlines.
Delive.t.fill\l Plck11p by JASON 13DV{6RI? MINTON • It is ORDERED that JASON EDWARD MINTON shall deliver the child to the ah·pot't from which the child is sohed11led lo leave at the beginning of each period of possession at least 1wo hours befol'e the scheduled
Page 11 of 15 deparhn·c time, It is f\u·ther ORDERED that JASON EDWARD MINTON shall surrender the child to the airport employee, airline employee, or sectwlty officer designated to escort the child lo tho deporting fllghl,
rt Is forther ORDERED that JASON EDWARD MINTON shall take possession of the child nt the encl of CELIA A. REAR's period of possession nt tlie ah'port where the child ls scheduled to return and at the specific loontlo11 dcsignnted by the airport to meet the passengern from the child's scheduled flight,
Pickup mid Return by CELIA A. REAR· It is ORDERED thnt CELJA A, REAR shall tnkc possession of the child at the beginning of each period of possession at the airport where the child is scheduled to arrive and at the specific location clcsig1rnted by the airport to meet the pnssengers from the child's scheduled flight,
It ls l\ll'ther ORDERED thut CELIA A. REAR, nt the end of each period of possession, shall deliver the child to the airport where the child is scheduled to depm'I at least two hours before the sehednled deparlure titne and surrender the child to the airport employee. airline employee, or seclll'ity offlcer designated to escort the child to the departing flight,
Missed Flights " It is ORDERED that any co11se1·vnto1· who has possession of the child al the time shall notify the other conse1·vntor immediately if the child is not placed on a scheduled flight at the beginning 01· oml of a pol'iod of possession. It Is fmthe1· ORDERED that, if the child should miss a sohedt1led flight, the consen,ato1· having possession of the child when the flight Is missed shall schedule another non-equipment olmnge flight for the child as soon as Is possible nfter the ol'iginally schednled flight and shall pay any additional expense associnled with the changed flight and give the othet· consorvato1· notice of the date and lime ofthnt flight.
Expenses Shored by JASON EDWARD MINTON and CELIA A. REAR • It is ORDERED tlmt CBLJA A. REAR shall p1ll'chnse, In advanoo, the roimd-trip ail'line tickets (Including escort fees from the residence of CELIA A. REAR to tho residence of JASON EDWARD MINTON) to be used by tho child fo1• the child's flight, It is further ORDERED that CELIA A, REAR slmll make necessm·y mrangements with the airlines nt\d with JASON EDWARD MINTON ln order tlwt tho ah'llnc tickets nre available to' the child before a scheduled flight.
It Is ORDERED that CELIA A. REAR shall pay all travel expenses, charges, escort fees and ah· fores incurred for the child for trnnsportatlon from the residence of JASON EDWARD MINTON to thnt of CELIA A. REAR, H is further ORDERED that JASON EDWARD MINTON shall pay all trnvel expenses, clmrges, escort fees, nnd air fores incurred fo1· the child for transportation from tho rcsldcnco of CELIA A, REAR to thnl of JASON EDWARD MINTON,
It Is fmther ORDERED thnt CELIA A. REAR shnll reimbmse JASON EDWARD MTNTON fot· trnvel expenses of the child If, because of circumstances beyond JASON EDWARD MINTON's control, JASON EDWARD MINTON Is req11lred to pny travel expenses of the child (other tlmn what he Is required to pay ubovc) on a non-eqt1lpme11t change flight to or from the
Page.J 2 of 15 possession of CELfA A. REAR.
Lawyers wlll dlsc\lSS possible clrnnges to payment m'l'nngements fo1· the flights pt'iot' to the Tlrnnksgivlng/Chl'istmns vacnt!on,
Miscellan~ons Expenses· Il ls ORDERED that the expenses of n consel'vatol' inoul'red in traveling to and from nn airport, ns well ns related pm·klng and baggnge hnndl!ng expenses, are the sole responsibility of the conservator delivering or receiving the child at the alrpo1t.
Child's Luggog~ on Flight~· It is ORDERED that the child shall only use luggage meeting the airline requirement for carry-on baggage, mid that the child shall not cany more luggage tlrnn tho maxinrnm amount of cnn·y·on baggage, The child shall not trnvei with luggage or packages needing to be checked for ail'llne !rnvel without priol' ngreement of both pnl'tles, including, but not limited to ttll agreement as to which parent slrnll pny m1y fees ossoclated with the checked baggage,
I11J1mct/011s
It is ORDERED that the parties arc immediately restrained from:
I. Dlstm·blng the pence off he child or of anothe1· pa1·ty.
2, Hiding 01· secreting the ohild from the other pm'ly. 3. Making dispnrnglng renrnrks regarding tho other 1mrty 01· !he otilOI' purty's fnmlly ht 1l1e presence 01· within the hearing of the child. 4, Discussing any mntter regarding this suit with the child or within the heal'lng of the child. Those injunctions are effective immediately and shall continue in full force nnd effect until further Order of this Court. This order slrnll be blndlng on both Petltlonor ond Respondent; on Petitioner's nnd Respondent's agents, se1·vo11ts, ond employees; and on those persons in active concert 01· partlolpntion with them who receive actual no!lce of this order by personal so1·vloo 01· otherwise. The requirement of a bond ls walve1·.
Home St11!Ty IT JS ORDERED tlmt the parties will cooperute Jn retaining a se1·vlce in the stlltc whore CELIA A. REAR's resides to prepare a home study of CELIA A. REAR. If they are able to obtain a home study, then the service provider muy testify to this Comt by wl'ltten report or by telephonic nppenrn11cc.
Trial and Med/11//011
It is ORDERED that the foml hfol in this matter wlll be reset to November, if possible, the
Page 13 of 15 ,
week before Thanksgiving al the discretion of the Comt. It Is fmther ORDERED that the parties will participate in mediation prior to the trial,
Service of Writ Petilioner mid Respondent waive fasuance and service of tho wl'lt of Injunction, by stlplllatlon or as evidenced by tho slgnnhu·cs below. It ls ORDERED that Petitioner and Respondent shnll be deemed to be duly se1·ved wilh the wl'll of lnjunctlon.
Re/lefNot Gr1111terf
It Is ORDERED that all rel kif reqllested In this case mid not oxprossly grnnted Is denied. All other terms of the prior orders not speolfloolly modified in this order slmll remnin ln full force and effect.
D1m1flo11
These Temporn1')' Orders slrnll continue ln force ,mtil further order of this Com!.
Date of Order SIGNED 011 _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2015. Signed: l~==== 5 9/21/2015 ~ : . _ - - - PRESIDING JUDGE
Page J4of 15 APPROVED AS TO FORM:
THE O'NEILL LAW FIRM, PLLC 1900 Memorial Dl'lvo Ho11ston, Texas 77007 Telephone: (7 l3) 523-5402 FMsimlle: (713) 523-5295 l!Q,ll el Il@onei 111 aw. coIn
By: &,,~ ·:J:di/£:.£._ ALICE J. O'NEILL State Bat· No. 00788145 ATTORNEY FOR PETITIONER
LAW OFFICE OF BETHANY 0. ARNOLD 1314 TexnsAvem1e, Suite 1515 Houston, Tcirns 77002 (281) 516-8221 Fax: (28 l) 5 I6·8223 beth@bethnrnokllttw.com
By: /ie:tl4'ffll: !/,11~~?'/ BETHANYQ.RNOLD d) £1:,/;?vl/'µ,.,,,,,., State Bar No. 24068811 ' ATTORNEY FOR RESPONDENT
HOUSTON LAW CENTER Child Legal EduoatJon I00 La,v Center Ho11ston. Texas 77204 (713)~?P ~ Dy: ~RB'f1l's~~[u~H · Slate Bm· No. 24041965 AMJCUS ATTORNEY
JASON EDWARD MINTON, Petitioner --CELIA-;\, REAR, Rospondont
Page 15 of 15 ,,,, ........ . ,,,.. ,,·· y HAI;';····,.. ,1 ~ 0 ,..... ,, ~ '•, : / ".9:-u····· ;o.: ~ ······ \c;,\ ,' C!o \ I •
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I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a trne and co!'l'ect copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this November 3, 2015
Certified Document Number: 67326490 Total Pages: 15
Chris Daniel, DISTRICT CLERK HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronlcnlly trnnsmitted authenticated documents are valid, Ifthcrc Is a question regarding the validity of this document and or seal please e-mail support@llcdlstdctclerlt.eom