S.C. v. J.R.W.

• Decision Date: 04 June 1993
• Citation: 667 So.2d 72
• Parties: S.C. v. J.R.W. AV92000128.
• Court: Alabama Court of Civil Appeals

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667 So.2d 72 S.C.
v.
J.R.W. AV92000128. Court of Civil Appeals of Alabama. June 4, 1993.
Rehearing Denied July 9, 1993.

Appeal from Houston Circuit Court, No. DR-83-770; Denny Holloway, Judge.

S.C., pro se.

Deborah S. Seagle of Smith & Seagle, Dothan, for appellee.

ROBERTSON, Presiding Judge.

This is an appeal from a finding of contempt against S.C., the stepfather of the minor child involved in this proceeding and the present husband of T.P.W.C., the mother.

In June 1992 the mother was found to be in contempt of court for refusing to allow visitation with J.R.W., the father of the minor daughter, and she appealed. This court affirmed the judgment of the trial court in T.P.W.C. v. J.R.W., 622 So.2d 931 (Ala.Civ.App.1993). The mother, the stepfather, and the minor child have been residing in Texas since 1991. The stepfather had physical custody of the child in the State of Texas before and during the mother's incarceration for contempt in Alabama.

In June 1992 the stepfather filed an "Application for Protective Order" in Smith County, Texas, which alleged, inter alia, that the minor child had "been a resident of the State of Texas for a period substantially in

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excess of six (6) months, which makes Texas the home state of the child." Service was made on the father pursuant to the Texas Rules of Civil Procedure.

The record reflects that "[the father] appeared in person and by attorney, [W.M.], and announced ready" at the trial of the cause in Texas on July 2, 1992. Following an ore tenus proceeding, the Texas trial court, after having considered "the pleadings and heard the evidence and argument of counsel, [found] that all necessary prerequisites of the law [had] been satisfied and that [the Texas] court [had] jurisdiction over the parties and subject matter of this cause." A protective order was granted by that court on July 2, 1992, based on a finding that such action was in the best interest and welfare of the minor child.

The Texas order, inter alia, granted the stepfather possession of the child and prohibited the father from "[r]emoving the child ... from the possession of [the stepfather] or from the jurisdiction of [the Texas] court."

The father did not appeal the Texas judgment. Instead, he filed additional pleadings in this action on July 6, 1992, and on that same date, without any notice to the stepfather, the trial court entered an ex parte order of injunction, which "enjoined and restrained [the stepfather] from any...