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[TX] Can you refuse a custody exchange if the order does not specify a location?
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Dear [Clerk’s Name], my name is [Your Name], and I am involved in case number [Case Number]. During a previous conversation, I was informed about a 60-day compliance window related to my case. However, I have reviewed the court order and did not find any mention of this period. Could you please clarify where this 60-day compliance window is documented or derived from? Are there any local rules, administrative orders, or other documents that specify this compliance period? I want to ensure that I am fully compliant with all court requirements and understand any applicable timelines. Thank you for your assistance. Sincerely, [Your Name]. This approach is respectful and seeks to clarify the source of the information provided by the clerk. The clerk said it was local.
I understand how important it is to clarify compliance timelines in your case. Can you please share which court or jurisdiction your case is being handled in?
Texas.
Have you received any written communication regarding the 60-day compliance window from the court or the clerk’s office?
No.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your compliance window clarification.
I don’t know.
Hello, pleasure to connect. Happy to help. I see you are in Texas, correct?
From the final order signed by the judge: “The parties reside more than 100 miles apart. Petitioner requests that the Court establish a possession and access schedule consistent with the long-distance possession provisions of Texas Family Code §153.314 as follows: [Sections 1 through 7 of the order, identical to the excerpt quoted above.]” Would this need to be modified or enforced if the other parent stated they aren’t meeting anywhere because the order doesn’t state a meetup location, and that we have to come to them to get the child?
Yes, correct.
Under Texas law, this sounds more like an enforcement issue than a modification issue, and it would be raised through a motion for enforcement under Texas Family Code §157.001. The order expressly states that exchanges “shall occur at a mutually agreed public location approximately halfway between the parties’ residences” and that each party is responsible for transportation to and from the midpoint. The fact that the order does not name a specific gas station, restaurant, or address does not automatically give one parent the right to demand that all exchanges occur at their residence. If the other parent is refusing to participate in selecting a reasonable halfway public location and is insisting that you travel the entire distance, that is arguably contrary to the plain language of the order.
That said, Texas courts generally prefer orders to be specific enough to enforce by contempt. The other parent may argue that no violation occurred because no specific exchange location was ever agreed upon. Before filing enforcement, it is often helpful to send written proposals for several reasonable halfway public locations and document any refusals. If the dispute continues, you could seek enforcement and/or clarification of the order, since a court may clarify an order that is not specific enough to be enforced by contempt under Texas Family Code §157.421. A clarification order naming a specific exchange location or setting a procedure for selecting one may make future enforcement much easier. Keep in mind that a clarification cannot substantively change the original order (§157.423), and the court must allow a reasonable time for compliance before the clarified terms can be enforced by contempt (§157.426). If the other parent is outright refusing to surrender the child unless you travel to their residence, keep detailed records of the communications and missed exchanges, as those facts would be important evidence for the court.
Does that make sense?
Scenario depicted: On May 31st, in a phone call that was recorded as evidence, the other noncompliant parent stated that they will not meet midway or bring the child to any midpoint, as well as “f** the court order,” and to enforce it if I want something done about it. With this, the next step would be a letter of demand sent by certified mail as well as regular mail, email, and text message, since the parent is not responding about coordinating a midway point. With the letter of demand before enforcement, there could be an additional page listing midway exchange locations other than the one that has been used. But if the noncompliant parent doesn’t respond about the midway exchanges, that would cause confusion over which location the complying parent should show up at. Then the noncompliant parent could claim they showed up at a different listed location but intentionally didn’t communicate it.
In the scenario depicted, the words from the noncompliant parent (who has also cut off communication between the child and the complying parent) were: “I’m not withholding visitation, you can come get him from the house because I’m not meeting halfway nor bringing him halfway anywhere,” even though the court order with exhibit lists midway exchanges.
Have you already sent a letter of demand to the non-compliant parent, or are you looking for guidance on how to proceed with that step?
I’m printing it off today and sending it off tomorrow.
Based on the facts you described, sending the demand letter before filing enforcement is a reasonable step. The recorded statement that the parent will not meet halfway, will not transport the child to any midpoint, and that you should “enforce it” if you want compliance is strong evidence of anticipatory noncompliance. The additional allegation that communication with the child has been cut off despite the order’s electronic communication provisions may further support an enforcement action.
One thing to be careful about is the exchange location issue. If you attach multiple proposed midpoint locations to the demand letter, give a deadline for the other parent to select one or object in writing. You may also state that absent a response by a certain date and time, you will appear at the previously used exchange location (or another specifically identified midpoint location) and consider their failure to appear as a denial of possession. That helps eliminate the argument that they chose a different location without notifying anyone. Continue sending communications by text, email, and certified mail, and keep proof of delivery. If the parent follows through on the stated refusal to meet halfway or surrender the child as ordered, those communications and the recording could become important exhibits in a Texas motion for enforcement seeking make-up possession, attorney’s fees, and any other appropriate relief.
Thank you for the insight and information regarding this scenario.
You are welcome. Does that address your question?
The question was addressed informatively.
It was a pleasure. All the best!
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