Friday, June 8, 2007
Mandatory Venue in SAPCR Modification Proceeding Enforced by Mandamus
Houston Appellate Court Orders Transfer of Venue in SAPCR Modification Suit
First Court of Appeals grants mandamus ordering transfer of venue in suit to modify prior orders for conservatorship and possession [Texas family law lingo for what is more commonly known as child custody and visitation].
In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks)(mandamus)(denial of motion to transfer venue was error)
In an opinion written by George C. Hanks, a panel of the First Court of Appeals holds that Family District Court Judge Annette Galik's denial of the mother's motion to transfer venue was error. The children had lived in the county to which transfer was sought for more than six months.
Key words: mandamus, venue, mandatory venue, family law, six months residency, SAPCR, court of continuing jurisdiction