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The Court Order Establishing Custody And Criminality 

 

NO. 63-87

 

IN THE INTEREST OF: REBECCA LEE HARWOOD AND ELIZABETH ANN HARWOOD, CHILDREN

IN THE DISTRICT COURT OF UPSHUR COUNTY, TEXAS 115TH JUDICIAL DISTRICT

 

 

ORDER

 

On the 19th day of January, 1988, came on to be considered the above entitled and numbered cause.

 

F. Douglas Harwood appeared in person and by attorney. Respondent, Catherine A. Walker (formerly Catherine A. Harwood), although duly served wholly failed to appear. Her attorney, although duly notified failed to appear, also.

 

The Court finds that it has jurisdiction over the parties and the subject matter, and specifically overrules Respondent's plea to the jurisdiction.

 

The Court further finds that there has been a change in status of the children and the parties since the entry of order sought to be modified.

 

The Court finds that the Counter-Respondent, F. Douglas Harwood is not guilty of disobeying any other order filed prior to this time, specifically the failure to submit insurance claims, the alleged failure to apprise Counter-Movant of his residence, and was not in arrears in the amount of $780.00 as of March 23. 1987. as alleged in Counter-Movant's motion for contempt.

 

It is, therefore, ORDERED, ADJUDGED AND DECREED that all relief sought in the counter-claim, in the motion to modify and the motion for contempt filed by Catherine A. Walker, Counter-Movant, is specifically denied.

 

The Court having heard the evidence and considered the pleadings and argument of counsel, and all matters of law and of fact having been submitted to the Court finds that the parties were divorced in the Superior Court of Lake County, East Chicago Indiana, and that the final order was signed on the 15th day of August, 1985. Said final order provided in Paragraph B, page 4, with reference to visitation by Movant, the following:

 

"Annually commencing this year, one half (1/2) of that period corresponding to the Christmas school vacation, provided the parties shall alternate annually Christmas itself.

 

"The parties shall share the reasonable costs of the children's transportation."

 

Said order further provided in Paragraph C, page 4 as follows:

 

"The Respondent shall be entitled to visitation at reasonable hours and frequencies, upon 48 hours notice, whenever he may be in Texas and, conversely, whenever the children may come to Lake County, Indiana."

 

The Court finds that Respondent, Catherine A. Walker, formerly Harwood, has wilfully and contemptuously disobeyed said order by her refusal to allow F. Douglas Harwood to see the children on numerous other occasions, but specifically finds she has illegally and contemptuously disregarded the Court's order by refusing to allow visitation, as provided in said Indiana court order, during the Christmas Holidays, 1986 and again on February 13, 14 and 15, 1987.

 

The Court is further of the opinion that court costs for all proceedings in the matter of contempt should be assessed against the Respondent, said costs being in the amount of $137.00

 

The Court is also of the opinion that the sum of $3,500.00 is a reasonable attorney's fee to be paid to Wayne Toliver, attorney of record for Movant, and that said sum should be assessed against Respondent and collected as costs

 

It is, therefore, ORDERED, ADJUDGED AND DECREED that Catherine A. Walker, Respondent, be and she is hereby adjudged to be in contempt of this court; that the punishment therefore be fixed and assessed at a fine of $500.00, and confinement in the County Jail of Upshur County, Texas, for a period of 90 days, that Respondent be further confined until she has fully purged herself of such contempt by paying the sum of $137.00 to the District Clerk of Upshur County, Texas, as court costs, and the sum of $3500.00 to Wayne Toliver as attorney's fees, into the registry of the District Court.

 

It is further ORDERED that Respondent, Catherine A. Walker, be committed to the custody of the Sheriff of Upshur County, Texas, Upshur County, to be confined in the County Jail in Gilmer, Texas, as herein ordered.

 

It is further ORDERED that all commitments, writs, attachments and other processes necessary for the enforcement of order be issued.

 

It is the further order of this Court that a certified copy of this judgment be attached to the order of commitment to the authority of the Clerk for such issuance.

 

The Court, having examined the pleadings and heard the evidence and argument of counsel, and with a jury being waived and with all other matters in controversy, including questions of fact and of law, being submitted to the Court, finds that the following children are the subject of this cause of action, to-wit: Rebecca Lee Harwood and Elizabeth Ann Harwood

 

It is ORDERED, ADJUDGED AND DECREED that F. Douglas Harwood be and is hereby appointed Managing Conservator of said children, and that all prior orders, both of conservatorship,

visitation and/or support are superceded by this order.

 

It is further ORDERED, ADJUDGED AND DECREED that the Managing Conservator shall have all the rights, privileges, duties and powers of a parent, to the exclusion of the other parent, subject only to the rights, privileges, duties and powers granted to the Possessory Conservator named in this decree.

 

It is further ORDERED, ADJUDGED AND DECREED that Catherine A. Walker be and is hereby appointed Possessory Conservator of the children, Rebecca Lee Harwood and Elizabeth Ann Harwood.

 

It is further DECREED that Catherine Ann Harwood shall have possession of and access to said children as follows:

 

At the home of the Managing Conservator at any reasonable time upon 48 hours notice, in writing, to said Managing Conservator.

 

The Managing Conservator is ordered to surrender the children to the Possessory Conservator at the beginning of each period of possession, with the above restrictions.

 

It is further ORDERED, ADJUDGED AND DECREED that Catherine Ann Walker shall pay to F. Douglas Harwood child support in the amount of $250.00 per month, with the first payment being due and payable on the 1st day of February, 1988, and a like payment being due and payable on the same day of each month thereafter, until the youngest of said children, to-wit, Elizabeth Ann Harwood, shall have reached age 18.

 

All payments shall be made payable to the office of the District Clerk of Upshur County, Texas, and thereafter promptly remitted to the Managing Conservator for the support of said children. Said payments shall be by cash, certified funds or money order.

 

The Court further finds that the Respondent, Catherine Ann Walker, has, through the filing of dilatory pleadings, requests for records, motions for continuance, motions for psychological examinations, cross-claims and other matters abused the judicial process, and when a final hearing was imminent, removed herself and the children from the area.

 

The Court further finds that Respondent Catherine Ann Walker, having removed herself from this area, it is therefore ORDERED, ADJUDGED AND DECREED that any writs or other process as may be necessary to enforce this order shall be issued, including but not limited to writs of attachment directed to any peace officer to pick up and deliver the children, Rebecca Lee Harwood and Elizabeth Ann Harwood, to F. Douglas Harwood.

 

The Court further finds that said children are also known as Rebecca Lee Walker and Elizabeth Ann Walker.

 

It is the further ORDER of this Court that all costs in this proceeding be assessed against the Respondent.

 

SIGNED this 2Oth day of January, l988.

 

 

A CERTIFIED COPY ATTEST: HORACE A. RAY District Clerk, Upshur County 1/20/1988 

BY Ann Goar Deputy