In Re Gdh

366 S.W.3d 766, 2012 WL 751952
CourtCourt of Appeals of Texas
DecidedApril 30, 2012
Docket07-11-0379-CV
StatusPublished

This text of 366 S.W.3d 766 (In Re Gdh) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Gdh, 366 S.W.3d 766, 2012 WL 751952 (Tex. Ct. App. 2012).

Opinion

366 S.W.3d 766 (2012)

In the Interest of G.D.H., A Child.

No. 07-11-0379-CV.

Court of Appeals of Texas, Amarillo.

March 8, 2012.
Rehearing Overruled April 30, 2012.

*767 Michael D. Wysocki, Albin Harrison, PLLC, Plano, for appellant.

Anna McKim, Field, Manning, Stone, Hawthorne & Aycock, P.C., Lubbock, for Appellee.

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Opinion

BRIAN QUINN, Chief Justice.

Jason Daniel Hook appeals the trial court's order directing him to execute a document evincing his consent to allow his minor son, G.D.H., to travel overseas with his ex-wife, Tory Hill. The order arose from a hearing upon Hill's motion to enforce the terms of another order of the trial court. Through three issues, Hook argues that the trial court erred in ordering him to execute the consent form. We overrule each issue and affirm.

Background

According to the record before us, the trial court signed, on April 30, 2010, a document entitled, "Order in Suit to Modify Parent-Child Relationship." Also appearing on that instrument under the heading "Approved and Consented to as to Both Form and Substance" were the signatures of Hook and Hill. And, it is the wording within that document that underlies the dispute before us.

Apparently, Hill travelled abroad from time to time and desired to take G.D.H. To facilitate that effort, his parents agreed to the following obligations, which obligations appeared in the April 30th modification order:

... [I]f a conservator intends to have the child travel outside the United States during the conservator's period of possession of the child, the Conservator shall provide written notice to the other conservator. IT IS ORDERED that *768 this written notice shall include all the following:
1. any written consent form for travel outside the United States that is required by the country of destination, countries through which travel will occur, or the intended carriers;
2. the date, time, and location of the child's departure from the United States;
3. a reasonable description of means of transportation, including, if applicable, all names of carriers, flight numbers, and scheduled departure and arrival times;
4. a reasonable description of each destination of the intended travel, including the name, address, and phone number of each interim destination and the final travel location;
5. the dates the child is scheduled to arrive and depart at each destination;
6. the date, time, and location of the child's return to the United States;
7. a complete statement of each portion of the intended travel during which the conservator providing the written notice will not accompany the child; and
8. the name, permanent and mailing addresses, and work and home telephone numbers of each person accompanying the child on the intended travel other than the conservator providing the written notice.

So too was it agreed that each parent would "properly execute the written consent form to travel abroad (attached hereto) and any other form required for the travel by the United States Department of State, passport authorities, foreign nations, travel organizers, school officials, or public carriers; when applicable, to have the forms duly notarized; and within ten (10) days of that conservator's receipt of each consent form, to deliver the form to the conservator providing the written notice." Other language in the April 30th order also bound any parent failing to comply with its terms to pay any costs, expenses, and attorney's fees incurred by the other parent while attempting to enforce it.

After execution of the April 30th order, Hill sought to take G.D.H. to Israel, notified Hook of her intent, and presented him with a written consent form. Hook refused to execute it, however, because his ex-wife allegedly failed to inform him of all the data required by the April 30th decree. In response, Hill petitioned the trial court for help. After convening an evidentiary hearing, the trial court found that Hill substantially complied with the notice requirements, directed Hook to execute the form proffered by her, and ordered him to also pay her attorney's fees, costs and expenses.

Issues

Hook's first two issues concern the clarity of the April 30th order and the nature of the consent form proffered by Hill. His third focuses upon whether his duty to sign was actually triggered since she failed to notify him of all the items mentioned in the order.

Nature of the Consent Form

According to Hook, the consent form tendered him had to be of a type "required for travel by the United States Department of State, passport authorities, foreign nations, travel organizers, school officials, or public carriers" and his ex-wife failed to prove that it was. A reasonable construction of the April 30th order indicates otherwise.

*769 As mentioned above, the trial judge was not the only individual to sign the April 30th decree. Both parents also affixed their signatures to it after approving and consenting to its form and substance. Consequently, the writing was more than a judicial fiat of the court; it was and is nothing short of an agreed judgment or order. As such, its interpretation and validity was and is governed by the law of contracts. Bishop v. Bishop, 74 S.W.3d 877, 879-80 (Tex.App.-San Antonio 2002, no pet.) (stating that because both spouses agreed to the terms of the decree, its construction was governed by the law of contracts).

Per the rules of construction found within the law of contracts, courts endeavor to discern the parties' intent from the words expressed in the writing. Id. at 779-80. Furthermore, the words to be considered when discerning that intent are not merely those which the reader may care to pluck arbitrarily from the document. Rather, all the words must be considered. Stated differently, the parties' intent must be garnered from the writing as a whole. Cross Timbers Oil Co. v. Exxon Corp., 22 S.W.3d 24, 26 (Tex.App.-Amarillo 2000, no pet.). So, each word must be afforded substance when possible. Markel Ins. Co. v. Muzyka, 293 S.W.3d 380, 385 (Tex.App.-Fort Worth 2009, no pet.). Each must also be assigned its ordinary meaning. Cross Timbers Oil Co. v. Exxon Corp., 22 S.W.3d at 26. With that said, we turn to the writing before us.

One portion of the April 30th agreed order states that the written notice to be provided "shall include ...

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in the Interest of G.D.H., a Child
366 S.W.3d 766 (Court of Appeals of Texas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
366 S.W.3d 766, 2012 WL 751952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gdh-texapp-2012.