Discrimination against fathers

[dadplaywithme]

I am writing to seek help regarding access to my minor children, whom my wife has kept away from me for the last nine months. I live in Houston, TX, and in Nov. 2010 I got temporary orders from the family court that gave me the right to have access to my children every other weekend, every Wednesday for two hours, and telephone access every day for an hour.

My wife cleverly violated the temporary orders, and when it came for me to have possession of my children for the Christmas break, my wife made our older daughter falsely allege that I had hit her. CPS investigated and dismissed the case on December 20, 2010. Despite this I never saw my children. In February 2011, my wife filed a motion for a parenting coordinator to control my access to our children. In March 2011 the parenting coordinator wrote to the judge withdrawing from the case and claimed that per the Texas family code she could not grant or deny me access to my children.

In April 2011 I filed a motion for the judge to modify/clarify the role or the parenting coordinator, and the judge ruled against my motion. In May 2011 I filed a motion against my wife for violating the temporary orders between December and February for denying me access to my children, and the judge (female) struck out each of the 72 violations against my wife.

Is my situation a gender based discrimination and violation of human rights of my minor children and me? I have an attorney now, but he too seems to be unable to do anything to get me access to my children.

Many a nights I don't sleep as a result of my sadness. I will welcome any help for me to get access to my children.

Thank you,

[Jim]

Contact me via personal emai
[e-mail] or privately at this site ifyou don't get me there....

[Harrison]

Sure sad to hear this, but most states have contempt procedures that start with a slap and turn to a felony in as little as a second offence. I'll look at TX law and post again.

[Harrison]

Sec. 153.007. AGREED PARENTING PLAN. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order.(b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan.(c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.(d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 26, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 482, Sec. 3, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1181, Sec. 1, eff. September 1, 2007.

[Harrison]

A contempt charge would seem to be your only option. It sounds like your still in family court if so, file contempt and don't expect the court to do anything. But once a ruling is made you can file for an appeal or judicial review in the superior court and get in front of a real judge. Family court commissioners are notorious for not fallowing the laws and the violation of rights.

FAMILY CODETITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIPSUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIPCHAPTER 157. ENFORCEMENTSUBCHAPTER A. PLEADINGS AND DEFENSESSec. 157.001. MOTION FOR ENFORCEMENT. (a) A motion for enforcement as provided in this chapter may be filed to enforce a final order for conservatorship, child support, possession of or access to a child, or other provisions of a final order.(b) The court may enforce by contempt a final order for possession of and access to a child as provided in this chapter.(c) The court may enforce a final order for child support as provided in this chapter or Chapter 158.(d) A motion for enforcement shall be filed in the court of continuing, exclusive jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 157.002. CONTENTS OF MOTION. (a) A motion for enforcement must, in ordinary and concise language:(1) identify the provision of the order allegedly violated and sought to be enforced;(2) state the manner of the respondent's alleged noncompliance;(3) state the relief requested by the movant; and(4) contain the signature of the movant or the movant's attorney.(b) A motion for enforcement of child support:(1) must include the amount owed as provided in the order, the amount paid, and the amount of arrearages;(2) if contempt is requested, must include the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any; (3) may include as an attachment a copy of a record of child support payments maintained by the Title IV-D registry or a local registry; and(4) if the obligor owes arrearages for a child receiving assistance under Part A of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq.), may include a request that:(A) the obligor pay the arrearages in accordance with a plan approved by the court; or(B) if the obligor is already subject to a plan and is not incapacitated, the obligor participate in work activities, as defined under 42 U.S.C. Section 607(d), that the court determines appropriate.(c) A motion for enforcement of the terms and conditions of conservatorship or possession of or access to a child must include the date, place, and, if applicable, the time of each occasion of the respondent's failure to comply with the order.(d) The movant is not required to plead that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.(e) The movant may allege repeated past violations of the order and that future violations of a similar nature may occur before the date of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff. Sept. 1, 1997.