Entitled Mom Demands Kids After Prison — Judge Instantly Refuses

Hinzugefügt: 2026-06-02

[00:00:00]All right, the court is uh going to go over some warnings or some rights that you have uh that I do on every motion for enforcement that's filed. So, a motion for enforcement is essentially a motion that says it alleges that someone has violated a court order. And if the court finds someone has violated a court order, the court has the power to hold them in contempt of court and sentence them to up to six months in jail for each violation of the court order. So, because it is like a criminal case from the standpoint of there's potential jail time involved, I want to go over some rights with you. The first right that you have is you have a right to remain silent. You have a right to refuse to answer any questions. So, if during this hearing uh you get called as a witness and you don't want to um testify, then you can just simply tell me, "Judge, I assert my right not to testify." It's called the fifth amendment right. Uh so, you can say, "I assert the fifth." Or you can say, "Judge, I'm not going to answer any questions based on my fifth amendment right." And you have the ability to do that.

[00:01:01]>> You need to understand though that you can wave that right. So sometimes people will come in and they'll say, "Well, I want to tell my side of the story, but then I don't want to answer any questions." You can't do that. You just have to say, "I'm not going to talk about it at all. I'm not going to answer any questions. I'm going to assert my fifth amendment privilege. And if you do that, then you won't be allowed to testify about that matter." Do you understand that right, Mr. report.

[00:01:24]>> Yes, sir.

[00:01:25]>> You also have a right uh well, you need to understand that if you do testify that that testimony can be used against you in this courtroom, but it could potentially be used against you in another courtroom as well. So once you testify, that testimony can be used not only by me, but by another court. So for example, if there was a criminal case pending against you or there's a criminal case brought against you, if you testify here, they could use that evidence in that court as well. Do you understand that right? Yes, sir.

[00:01:53]>> You also have the right to to consult with an attorney prior to uh answering any questions and you've chosen today and it looks like you were served at least over 10 days ago, but you've chosen today to represent yourself. Is that correct?

[00:02:08]>> Yes, sir. And uh in the event that you can't afford an attorney and the court finds or that you ask the court to find that you're indigent and don't have any property or or any credit out there to actually hire a lawyer, uh you can request a lawyer to be appointed for you. Do you understand that right?

[00:02:25]>> Yes, sir.

[00:02:26]>> Uh and no. And then you also last right is in the event that they were asking for more than six months of jail time, you have a right to a jury trial for a jury to hear this case rather than the judge. But because they're not asking for more than six months of jail time, that right doesn't really apply in this case. But do you understand that in the event they're asking for more than six months of jail time, you have a right to a jury trial?

[00:02:48]>> Yes, sir.

[00:02:49]>> All right. Knowing those rights, Mr. Ford, are you prepared to go forward this morning?

[00:02:53]>> Yes, sir.

[00:02:54]>> All right. So, Mr. Ford, a couple of things that I'd like to do for people that are representing themselves is explain a little bit about the process so you understand why we're doing what we're doing. Mr. an has filed this motion on behalf of his client. So even though you're the petitioner in the case, he's the actual person that's asked the court for relief today. So because he's asked the court for relief, he gets to go first and he'll be able to call any witnesses that he wants to call uh to present his case. When he's done with his witnesses, he's going to say something like, "Judge, I'm done." Or, "Judge, I rest." Uh, and at that point, the case then turns to you and you can call any witnesses that you would like to call, but I want you to understand they get to go first because they're the ones that filed this action. And and the next thing is this machine only takes down one person talking at a time. So, it's real important and ma'am, this goes for you as well. It's very important that we talk one at a time. So, for example, your lawyer may be asking you questions and you may know where he's going with his question and you start answering it before he gets done with his question. That's not good. That's hard for the court to follow. It's hard for me to follow that stuff when people are talking over each other. But it's also very difficult on for the machine and for a court reporter to transcribe what happens on the machine. So, just both sides just slow everything down today. Make sure you let the lawyer or the or the witness uh completely ask the question or answer the question before we start with our next question. Uh and then the last instruction I'll give you is this. If you hear an objection, then just stop talking. Don't continue with your answer. We're on Zoom and so it's really hard when someone continues to talk for me to rule and for for the objection to be heard. So if you hear the word objection, just stop talking.

[00:04:45]Doesn't mean you're not going to get to tell me what you want to tell me. It just means I need to be able to rule on that objection. And I may tell you the objections overruled. You may continue with what you're telling me or I may say the objection sustained and let's move to a new topic. Okay? Or rephrase the question. All right. With that being said, we're going to go ahead and get started. Um Mr. Xan, if you'd like to give a brief opening, you may. But let me swear both parties in. I know Miss Ford, you previously raised your hand on another case. You've kind of been sworn, but let's have both of you just for in the abundance of caution be sworn in.

[00:05:16]>> Put your hands down. Give me one second.

[00:05:19]All right. The court's back on the record in the Ford v. Ford matter. Mr. Xan, if you'd like to give a brief opening, you may do so at this time.

[00:05:26]>> Judge, I would first ask the court to take judicial notice of the signed temporary orders rendered by this court on January 19th of 2017 that the parties are currently under order to follow.

[00:05:39]>> Okay. Any objection, Mr. forward to me taking judicial notice of the all's prior temporary order dated January 19th, 2017?

[00:05:48]>> Yes, sir.

[00:05:49]>> All right. The court will take judicial notice of that temporary order.

[00:05:52]>> Judge, very briefly, this is a pending motion for enforcement of possession and access. Judge, uh, Miss Ford has been unable to exercise any period of possession and access with her daughter now for several years. judge. Um you're going to hear testimony from Miss Ford that she was unable to locate the respondent in this matter or know where her children were located. Uh at the time, judge uh this order was rendered.

[00:06:16]There were two minor children. One of the children have now emancipated, your honor. So we're uh court has jurisdiction over the youngest child, Kimber, and that's the child that's subject to this matter before the court this morning on an enforcement judge. uh before you judge three violations for denied access on Wednesday, July 28th, Sunday, August 1st, and Wednesday, August 11th. Your honor, we're also asking this court to enforce this order.

[00:06:42]And if there's any terms of this order that are not enforceable, judge, we're asking that the court clarify the order so that these terms can be enforceable for future purposes. And your honor, I believe once the court hears testimony, the court will uh determine that Mr. Ford has violated the terms of the current temporary order and will be subject to penalty decided by this court judge. Thank you.

[00:07:05]>> All right. Thank you. All right. Mr. Ford, you are allowed to give a brief opening statement if you'd like to. This is what you expect the evidence is going to show. Uh it's not testifying, so you're going to get a chance if you decide to testify to tell me everything you want to tell me, but this is just kind of a brief overview. Keep it to like a minute or two of what you expect the evidence uh is going to be. And if you'd like to give an opening, Mr. forward. You may do so at this time.

[00:07:28]>> Yes, sir. Got documents here stating that after January 2017 stating from all the departments for Texas saying she doesn't have access to the kids and I will present them as if as documents in this in my evidence.

[00:07:48]>> All right. [snorts] Thank you, Mr. Ford.

[00:07:50]All right, Mr. Xan, you may call your first witness.

[00:07:52]>> Yes, your honor. would call the movement. Uh, Miss Eliza Ford.

[00:07:56]>> You may proceed.

[00:07:57]>> Thank you, judge. Miss Ford, would you please state your full name for the record, ma'am?

[00:08:01]>> Eliza Lazara Ford.

[00:08:04]>> And Miss Ford, are you the mother of the child the subject of this suit, Kimberly?

[00:08:09]>> Yes, sir.

[00:08:09]>> And was your daughter born on November 2008?

[00:08:13]>> Yes, sir.

[00:08:14]>> Do you know how old your daughter is now?

[00:08:16]>> 12.

[00:08:18]>> Okay. And you understand why we're here today, do you not?

[00:08:22]>> Yes, sir. I understand I'm here today.

[00:08:24]>> Why Why are we here, Miss Ford?

[00:08:27]>> For hearing of uh the children.

[00:08:31]>> Okay. And you filed a motion for enforcement in this matter because you're alleging that you have been denied certain periods of possession and access with your daughter. Is that correct?

[00:08:41]>> Correct. Yes, sir.

[00:08:42]>> Okay. And the current order that you are understanding that you and Mr. for order to follow is the order rendered by this court on January 19th, 2017 titled temporary order. Is that correct?

[00:08:56]>> Correct, sir. Yes.

[00:08:58]>> In that order, Mr. Ford, does that provide you designated periods of possession and access with your daughter?

[00:09:04]>> Yes, she she denied he denied it. Your >> order, Miss Ford, are you designated certain periods of possession with your daughter? Yes or no?

[00:09:12]>> I I never say my children. No.

[00:09:16]>> For I'm asking you a question, man. Just listen to the question, please. In the current temporary order that you're supposed to follow, does that order provide you certain periods of possession with your child?

[00:09:27]>> Yes, sir.

[00:09:28]>> Okay. And on page eight of that order, during weekdays and weekend possession, are you entitled to possession of your daughter on Sunday, Monday, Tuesday, and Wednesday of every other week, which was to begin on November 28th of 2016 from Sunday at 6 and ending at the child at the time the child's Wednesday of that week if your daughter's in school.

[00:09:51]>> Correct, sir. Yes, sir. And in addition to that, we're awarded periods of possession of your daughter on Wednesday, Thursday, and Friday of every other week beginning on December 7th of 2016 from the time your daughter school is regularly dismissed on Wednesday when school is in session. Is that correct?

[00:10:08]>> Yes, sir.

[00:10:09]>> And if school is not in session, your period of possession shall begin on Wednesday at 6 p.m. and ending on the at the time the child's school resumes following Friday when school is in session. Is that correct?

[00:10:20]>> Correct, sir. Yes.

[00:10:22]>> And if the child's school not in session for this period of possession, your period of possession shall end Friday at 8 a.m. Is that right?

[00:10:30]>> Yes, sir.

[00:10:31]>> Okay. And in our motion for enforcement set before the court today, can you tell the court on Wednesday, July 28th, 2021 at 6 p.m., where were you?

[00:10:42]>> We was on a court hearing with the temporary uh uh >> No, no, ma'am. Listen to my question, please. You're that Mr. Ford has denied you certain of possession. Correct.

[00:10:54]>> Yes.

[00:10:55]>> And one of those dates in time was Wednesday, July 28th. Is that correct?

[00:11:00]>> Correct.

[00:11:00]>> Of this year.

[00:11:02]>> Correct. Yes, sir.

[00:11:03]>> And and and you can you tell the court where you >> I don't I'm in the house.

[00:11:09]>> Whose residence? Mr. Miss Ford, >> where we was in the house with Juan Porenberg. So, ma'am, on July 28th, 2021 on Wednesday of this year at 6 PM, were you at the residence of Mr. Ford located at Texas?

[00:11:26]>> Yes, sir.

[00:11:27]>> And did you attempt at that time to exercise your court-ordered period of possession and access with your daughter?

[00:11:33]>> Yes, sir.

[00:11:34]>> And can you tell the court what happened when you went to the residence at 6 p.m.

[00:11:39]on Wednesday, July 28th?

[00:11:41]>> I went there. I tried to see my children. I knocked the door. He refused to let me to see my children.

[00:11:50]>> Did anyone answer the door, Miss Ford?

[00:11:53]>> Yes.

[00:11:54]>> Who answered the door?

[00:11:55]>> My husband, Paul Andrew Ford.

[00:11:58]>> And did you have a any communication with Mr. Ford at that time?

[00:12:02]>> No.

[00:12:03]>> Did you ask him could see your children?

[00:12:06]>> Yes.

[00:12:07]>> And what was his response to you? He said that he's not going to let me to see my children unless I receive any document from your attorney than Sam.

[00:12:20]>> Just just to clarify, he told you that he won't let you see the children unless he receives documentation from me.

[00:12:26]>> Yes, that's what he said.

[00:12:28]>> Okay. Did he clarify what documentation he's wanting to see? He said he don't have any letter or any news from you with my from my attorney. He did he he denied he don't he don't receive any news any letter from from your he said.

[00:12:47]>> Okay. And Miss Ford, did you uh document your attempted periods of possession and access? Did you did you take pictures or did you take any video recordings?

[00:12:57]>> Yes. And on the day in question, did you take a picture of you at Mr. Ford's residence?

[00:13:04]>> Yes.

[00:13:05]>> How did you take a picture, ma'am?

[00:13:07]>> The door?

[00:13:08]>> No. What What did you use? What did you use to take the picture?

[00:13:11]>> Use it for evidence?

[00:13:14]>> No. No. What device did you use? Did you use a camera, cell phone? What' you use?

[00:13:18]>> Cell phone. Cell phone.

[00:13:20]>> Okay. And the picture that you took, does that depict you residents of Mr. Ford?

[00:13:26]>> Correct. Yes, sir.

[00:13:28]>> At the time of 6:00 p.m. or on about 6 p.m. on July 28th of 2021?

[00:13:33]>> Yes, sir.

[00:13:34]>> And [snorts] did you alter that photo in any way, ma'am?

[00:13:37]>> Yes, I h I have it.

[00:13:40]>> No. Have you ch Have you made any changes to the photo?

[00:13:43]>> No.

[00:13:44]>> Okay. Your honor, we would offer what's been previously marked as petitioners exhibit number three, uh, which is the photograph of Miss Ford in the front of Mr. Ford's residence on July 28th of 2021 at approximately 6 p.m. Your honor, >> any objection, Mr. Ford, to the photograph of P3?

[00:14:02]>> No, sir.

[00:14:04]>> P3 is admitted.

[00:14:05]>> And Miss Ford, just to clarify, on the day in question, July 28th, were you able to have any period of possession with your daughter?

[00:14:13]>> No.

[00:14:14]>> Okay. In addition to July 28th, ma'am, did you go to the residence of Mr. Ford on Sunday, August 1st at approximately 6 p.m.

[00:14:24]>> Yes.

[00:14:25]>> And is that residence once again 27?

[00:14:28]>> Yes, sir.

[00:14:29]>> And on that day in question, ma'am, were you able to exercise your period of possession with your daughter, Kimberly?

[00:14:35]>> None. No.

[00:14:36]>> Can you tell the court what happened on that day?

[00:14:39]>> No. No one. Someone in there, but no one opened the door.

[00:14:45]>> How did you know someone was in the residence? I see flashing the TV and I see someone open the the blind curtain and I see someone inside >> on this day ma'am on uh August 8 on August 1st. Did you uh take any picture or video recording?

[00:15:03]>> Yes.

[00:15:05]>> What what did you do on this day ma'am?

[00:15:07]>> I take a pictures. I knocked the door and I told him I need to I would like to see my children my my access with my children.

[00:15:17]>> Did you talk to Mr. Ford on August 1st?

[00:15:20]>> No, I just video no but no open the door.

[00:15:24]>> Okay. And how did you record that video, ma'am?

[00:15:28]>> On my cell phone.

[00:15:29]>> And does that video depict you at the residence of Mr. Ford on August 1st at around 6 p.m.?

[00:15:36]>> Yes, sir. And has that video been changed or altered in any way, ma'am?

[00:15:41]>> No. No, sir. Your >> honor, we would offer what's been previously marked as petitioners exhibit number four, which is the uh video uh to by Miss Ford regarding an attempted visit on August 1st at around 6 p.m.

[00:15:55]Your honor, >> any objection to P4, Mr. Ford? P4 is admitted.

[00:16:00]>> And judge, may I publish that video at this time?

[00:16:02]>> You may share my screen, judge. Miss Ford, I'm gonna play the video. Just give me one moment, ma'am.

[00:16:09]>> Okay. Yep. Yes.

[00:16:11]>> I'm gonna stop sharing at this time. So, Miss Ford, on August 1st, were you able to exercise any period of possession with your daughter, Kimberly?

[00:16:20]>> None. No.

[00:16:22]>> Okay. And then on W Wednesday, August 11th at 2021 of this year at approximately 6 p.m., did you make another attempt to exercise a period of possession with your daughter, Kimberly?

[00:16:33]>> Correct. Yes, sir. Where did you go on that date?

[00:16:37]>> Is at >> and on that day in question at around 6 pm, ma'am, were you able to exercise any period of possession with your daughter?

[00:16:44]>> No.

[00:16:45]>> Did uh did you knock on the door?

[00:16:48]>> Yes.

[00:16:49]>> Did anyone answer the door?

[00:16:51]>> No.

[00:16:52]>> Did you know if anyone was home at the time?

[00:16:54]>> Uh not sure. He was his truck there on the front and I'm not sure if someone in there. Miss Ford, how do you know that 26 is the residence of Mr. Ford?

[00:17:08]>> I uh hired uh private investig investigation to to uh f find find him where his location.

[00:17:18]>> Okay. And did you hire um surveillance specialty group specifically Joe Glad to do so ma'am?

[00:17:27]>> Correct. Yes, sir. Your honor, we would offer what was previously marked as petitioners exhibit six and a business record affidavit is on file with the court regarding the uh record search for uh locating the residence of Mr. Ford.

[00:17:42]Judge, >> any objection? So, you want to offer P6 and P7? Is that correct?

[00:17:48]>> That's correct, your honor. P P P P P P P P P P P P P P P P P P P P P7 is the uh business record affidavit that was previously filed with the court and P6 is the actual um record, your honor, of the uh surveillance investigation.

[00:18:00]>> I understand. Um Mr. Ford, any objections to P6 or P7?

[00:18:05]>> No, >> P6 and P7 are admitted.

[00:18:09]And Miss Ford, on each of these days that we have filed in your uh motion for enforcement regarding denied access, did you contact the authorities and make an incident report on each day in question?

[00:18:22]Ma'am?

[00:18:23]>> Yes, every every my date on my time I call police to report.

[00:18:31]>> And was that documented, ma'am, on the days in question that you contacted the authorities?

[00:18:36]>> Correct. Yes, sir. Was a case report provided to you?

[00:18:40]>> Yes, sir. And >> was that provided to you by the Rosenberg Police Department?

[00:18:45]>> Correct. Yes, sir.

[00:18:46]>> Your honor, we would offer previously marked as petitioners exhibit five, which is a list of the case report numbers on the days in question, which was prepared in anticipation of this litigation. Your honor, >> any objection to P5, Mr. Ford?

[00:19:00]>> P5 is admitted.

[00:19:02]>> Miss Ford, what are you asking for of this court this morning? Ma'am, >> number one is the primary is I I would like I would like in a to see my children to be with my children.

[00:19:16]>> Are you asking this court to order Mr. Ford to provide you makeup periods of possession for the periods of possession that were denied?

[00:19:25]>> Correct. Yes, sir.

[00:19:26]>> Are you asking this court to hold Mr. Ford in contempt of court?

[00:19:30]>> Yes, sir. Correct.

[00:19:31]>> Are you asking that this court should jail Mr. forward up to 180 days.

[00:19:36]>> Correct. Yes, sir.

[00:19:37]>> In the event that this court decides to suspend commitment of Mr. Ford, are you asking that this court place Mr. Ford on community supervision for a period of no more than 10 years?

[00:19:47]>> Yes, sir. All right.

[00:19:48]>> Are are you have to retain my services to file this motion for enforcement and move forward on this hearing set for today, ma'am?

[00:19:55]>> Correct. Yes, sir.

[00:19:56]>> Did you have to pay me money, ma'am, to do so?

[00:20:00]>> Correct. Yes, sir.

[00:20:01]>> Are you asking this court to order that Mr. Ford should be ordered to pay for your attorney's fees and your cost of filing in this matter to include filing fees as well as service fees in this matter. Ma'am, >> yes, sir.

[00:20:13]>> And as of today, Miss Ford, including our time at this hearing, you have incurred approximately $1,380 in legal fees. Are you aware of that, Miss Ford?

[00:20:25]>> Yes, sir.

[00:20:26]>> And in addition to that, ma'am, you've incurred filing fees of $29.84.

[00:20:30]Are you aware of that? Yes, sir.

[00:20:33]>> And on top of that, ma'am, you've incurred service fees, which are uh process service fees to serve Mr. Ford in the amount of $88.50. Are you aware of that as well, ma'am?

[00:20:43]>> Yes, sir.

[00:20:44]>> Are you asking this court to order that Mr. Ford be ordered to pay your attorney's fees in the sum of $1,380 as well as the filing fees you've incurred in the amount of $29.84 and the process service fees of $88.50, ma'am.

[00:21:00]>> Correct, sir. Yes, sir.

[00:21:02]>> I'll pass the witness. Your honor, >> Mr. Ford, this is your opportunity to ask questions of this witness if you have any questions of Miss Ford. It's not yet your turn to argue your case and tell me what you want to tell me. So, you just need to ask her questions. Uh if you'd like to ask her questions and so if you'd like to, you may do so at this time.

[00:21:20]>> No, sir. I don't want to ask anything.

[00:21:23]>> Mr. Xan, any other witnesses that you'd like to call on your motion for enforcement?

[00:21:26]>> Judge, I would call Mr. Ford.

[00:21:28]>> Mr. Ford, do you have any Well, um, you may proceed, Mr. Xan.

[00:21:32]>> Thank you, Judge. Good morning, Mr. Ford.

[00:21:34]>> Good morning, sir.

[00:21:35]>> Would you please state your full name for the record, sir?

[00:21:38]>> Paul Andrew Ford.

[00:21:40]>> And Mr. Ford, are you the father of the child the subject of this suit, Kimberly?

[00:21:44]>> Yes, sir.

[00:21:45]>> And you heard the testimony by Miss Ford earlier. And your daughter is currently 12 years old?

[00:21:50]>> Yes, sir.

[00:21:51]>> And can you tell the court who your daughter resides with as of now?

[00:21:56]>> With me. And do you reside at 27?

[00:21:59]>> Yes, I do.

[00:22:00]>> And you heard the testimony presented by Miss Ford regarding the attempted periods of possession and access she exercised on specifically July 28th, August 1st, and August 11th, all at 6 p.m. at your residence. Did you hear that testimony, sir?

[00:22:14]>> Yes, sir.

[00:22:15]>> And on one of the days in question, you heard Miss Ford testify that you actually had a conversation with her?

[00:22:21]>> Yes, sir.

[00:22:22]>> Was that accurate, sir?

[00:22:24]>> Yes, sir.

[00:22:25]and that you told her that she would not be able to exercise any period of possession until you heard or were able to communicate with my office.

[00:22:32]>> Not your office. I said uh I told her she needs to get you to contact CPS and let them know if she's eligible to see the kids.

[00:22:43]>> Mr. Ford, are you aware of the temporary order that's in place that was rendered by this court on January 19th of 2017?

[00:22:49]Sir, >> yes. Are you aware of her going to jail after that order was done?

[00:22:55]>> Hold on, Mr. Mr. Ford. It's not your chance to ask questions. You're going to be able to tell me what you want want to tell me. Just answer Mr. Zan's questions at this point.

[00:23:04]>> Are you aware of the current order, sir?

[00:23:06]>> Yes, sir.

[00:23:07]>> And are you aware that that order has not been modified as of today, Mr. Ford?

[00:23:12]>> So, just so we can understand that the order that is in effect that you and Miss Ford are currently ordered to abide by.

[00:23:19]>> Yes, sir. And so is it your testimony today, sir, that you have not complied with the terms of that order as of today?

[00:23:26]>> Yes, sir.

[00:23:27]>> I pass the witness, judge.

[00:23:29]>> All right, Mr. Ford, it's now your opportunity to tell me anything that you would like to tell me. If you hear an objection, please stop talking until I can rule in the objection, but you can tell me anything you'd like to tell me.

[00:23:40]>> Yes, sir. Okay. First thing I've got is from the Texas Department of Family Protective Services dated 329 2017 stating that she has negative support and physical abuse of my daughter and stating that I have custody of the kids.

[00:24:02]So, and I was told by that if I let her see it, see the kids, that I would be have my kids taken from me by CPS. And I've [snorts] sent this, I told this to lawyer already a while back. And all I want is CPS to say she's cleared because the attorney general after she went to jail told me she would have supervised visits only when she gets out until they know it's safe. And I haven't got nothing from nobody stating that. I'm just looking out for the best interest of my kids. And I and attorney general Austin, Texas paid to move me under the crime victims compensation unit so she would not know where I'm at to protect the kids. So I'm not doing nothing to try to keep her from seeing her kids.

[00:25:04]I'm doing what the detectives told me.

[00:25:06]And I got these documents right here in front of me. If >> I have to, I can email them to you.

[00:25:11]whatever you need. But I got the taste for both of them that can be looked up.

[00:25:17]I'm not making stuff up. And I even got my oldest daughter here that can even vouch for all this. [snorts] And she was told the same thing I was by by CPS.

[00:25:30]>> Anything further, Mr. Ford?

[00:25:31]>> I've talked when Rober came out that first time. murder PD. I told him about this and that's why he left because there was no reason for him to see anything wrong. So he said he he knew that and he's going to let the court know too if they needed it. But now that's all I got to say.

[00:25:55]>> Thank you, Mr. Ford. Now Mr. Xan has an opportunity to ask you additional questions if he has any questions after your testimony. Mr. Xan, any further questions of this witness?

[00:26:04]>> Yeah, just very briefly, Judge, Mr. Ford, when you stated you received that correspondence from uh DFPS in March of 2019, did anyone ever modify this current temporary order that is in effect as of today's date? Sir, >> no, sir. I was there if I needed to.

[00:26:21]Why? So if if the current order has not been modified, sir, you understand that that is the order in effect that the both parties both you and Miss Ford are ordered to comply with.

[00:26:32]>> I thought because this is CPS that it overceeded everything. I'm fine on what orders I was told so I don't lose my kids.

[00:26:41]>> Sir, what you have in your hand and I'm not I'm not agreeing that admitted into evidence. That is not something filed with this court, is it?

[00:26:49]>> That's not filed by the court. No, he's following the state, >> sir. But you understand if CPS believed that there were concerns related to the children, they would have intervened in this matter and ask that the current orders be modified. Are you aware of that, sir?

[00:27:06]>> I am not aware of that. I'm not >> At the time, Mr. Ford, that you received that correspondence from DPS, you were represented by an attorney, right?

[00:27:16]>> No, I wasn't.

[00:27:17]>> You were not represented by counsel?

[00:27:18]>> Nope. He already dropped me by then.

[00:27:21]>> I passed the witness. Judge, >> Mr. Ford, anything further that you'd like to add?

[00:27:26]>> Is it okay for my daughter to say something about this?

[00:27:29]>> If you are you talking about the old or the adult daughter?

[00:27:32]>> The adult. The 19year-old.

[00:27:34]>> If if you want to call her as a witness, you can. You'll have to ask her questions, but she'll need to come on the video so that I can swear her in.

[00:27:41]Judge, I'm gonna object as I wasn't aware that this was a potential witness in the case and I believe she's heard testimony, judge, and and therefore I didn't know other parties were available and I will invoke the rule, judge, and therefore I believe that she uh has heard important testimony in this matter.

[00:27:57]>> All right. Uh well, the the objection is going to be overruled since the rule wasn't invoked. I didn't ask if there was anybody else in the room, so it we're going to let her testify. I understand she may have heard some testimony. Uh, ma'am, if you could come on the screen so I can swear you in.

[00:28:11]Thank you, Mr. Ford. Oh, wait. I'm sorry. Um, ma'am, you just stand down for a second. Mr. Ford, you you were on your rebuttal. Really, it's not this witness's turn to testify yet. Do you have anything else, Mr. Ford, that you personally want to tell the court? Um, I'm going to let you call this witness in a second, but right now, I need to know if there's anything else you personally want to tell me.

[00:28:34]>> No, sir. I have nothing else.

[00:28:35]>> Okay, Mr. Mr. Xan, you may call your next witness.

[00:28:38]>> Uh, judge, we rest subject to, uh, my testimony for attorney's fees, your honor.

[00:28:42]>> Well, let's do that now, then. Uh, you can testify now in the narrative, Mr. Xan.

[00:28:47]>> Thank you, judge. I've been licensed by the state of Texas for now, coming up 12 years, judge. Um, my primary area of practice is in the area of family law, your honor. My hourly rate is $300 an hour. My legal assistant, Michelle, bills out at $150 an hour. Judge, as of today's date, your honor, I personally have incurred uh approximately 2.5 hours of legal time preparing and uh representing Miss Ford in this matter.

[00:29:11]My legal assistant, Michelle, has incurred 3.2 hours of legal time uh working on this specific enforcement matter, judge. In addition to that, my office has incurred $29.84 of filing fees as a result of having to file this motion for enforcement. And we've incurred uh process service fees to serve Mr. for the precept on this matter in the amount of $88.50, judge.

[00:29:34]So, in fees alone, your honor, we've incurred $118.34 in legal fees, judge, my office, for my time and Michelle's time has incurred $1,380, judge. And we're asking the court to award attorney's fees and cost in the amount of $1,380 plus $118.34.

[00:29:54]Judge, which 380, which totals $1,498.34, judge, we're asking this court to order that Mr. Ford be responsible those for those fees and that he pay my office those fees by a date certain set by this court, your honor. And we believe those fees to be both reasonable, necessary, as well as customary to fees charged by council in this county as well as surrounding counties, your honor.

[00:30:19]>> Right. Thank you, Mr. Xan. Mr. Ford, any questions of Mr. Xand?

[00:30:22]>> No, sir.

[00:30:24]>> All right. Any other witnesses you'd like to call? Mr. Xan?

[00:30:26]>> None, your honor.

[00:30:29]>> Movement rest.

[00:30:30]>> Yes, your honor.

[00:30:32]>> All right, Mr. Ford, it's now your opportunity to call any witnesses that you'd like to call. And I believe uh your first witness you said you wanted to call your adult daughter. Is that correct?

[00:30:43]>> Correct, sir.

[00:30:44]>> All right. And she's already been sworn in. Ma'am, if you would please state your name for the record.

[00:30:48]>> Emily Lynn Ford.

[00:30:50]>> All right. Miss Ford. Mr. Ford, you can questions that you'd like to ask of Miss Ford.

[00:30:54]>> Okay. Um when the CPS came out, did they tell you you was allowed to to see your mother?

[00:31:03]>> Gentlemen, object is to hear say >> disdain. Don't Don't tell me what someone told you, Miss Ford. Our next question, Mr. Ford, >> was you able to see your mother after that incident? Would you allowed?

[00:31:19]>> Yes. However, I didn't want to. And I would like to say that she's not my mother. She's still my biological birthgiver. She's not my mother. She doesn't earn that right. She doesn't earn that title.

[00:31:30]>> Okay. Um, >> we've always been allowed to see my mom or whatever you want to call her, Eliza.

[00:31:36]I'll call her Eliza. But personally, >> judge, I'm objectives to narrative.

[00:31:41]>> Sustain. Wait, wait for the next question, Miss Ford. Mr. Ford, you may ask your next question.

[00:31:46]>> I have nothing else. I can't think of anything.

[00:31:49]>> Okay, Mr. Xan. Questions of this witness?

[00:31:52]>> No questions of this witness, your honor.

[00:31:54]>> All right. Thank you, Miss Ford, for testifying. You're excused. All right, Mr. Ford, any other witnesses that you'd like to call on your case in Chief?

[00:32:01]>> No, sir. I guess not at this time.

[00:32:04]>> All right. Uh, Mr. Ford, if you can just briefly tell me, you said there was an instant March 29th, 2017 where CPS came out.

[00:32:12]>> Tell me about that incident. What happened?

[00:32:15]>> It was actually on February 26, 2017.

[00:32:18]CPS came out because Eliza Ford was arrested for pulling a knife on her oldest daughter, Emily Ford, and was was arrested for assault with a deadly weapon, a knife, and actually was convicted in June 2018 for two years on that case.

[00:32:41]>> Two years probation or two years custody?

[00:32:44]>> No, she was two years custody. She was in prison for two years. So, is that the reason why she hasn't had visitation in some time was because she was in custody?

[00:32:54]>> Yes. Yes, sir.

[00:32:55]>> Okay. Now, you mentioned CPS had come in in February. And I don't want to get into what CPS told you, but what I need to know is was there ever an order from CPS out of a out of a court or did they just give you a safety plan saying this is what you need to do? All I got was the case number and notice of findings from CPS.

[00:33:18]>> And what is the case number that you have?

[00:33:20]>> Case number is 451.

[00:33:23]>> Okay. So, it appears that's probably their internal case number. That's not actually in a court. Is that correct?

[00:33:28]>> Correct.

[00:33:29]>> Okay. Um, >> just so the court's aware, Miss Ford has not been incarcerated now for over a year, judge. It's been quite some time.

[00:33:40]>> Any questions of Mr. for it after my questions. Mr. Xan, >> no further questions, judge.

[00:33:45]>> And u Mr. Xan, you didn't offer P1 or P2. Is that >> Judge? The P1 is the proof that Mr. Ford received service. Judge, he's here today. Which evidence is that? Why is that's why we didn't offer that? And P2 is the precept, your honor, which uh is not necessary because Mr. Ford is present today, Judge.

[00:34:03]>> I was just making sure there's no other exhibits unneeded. Um, so Mr. forward any uh testimony that you'd like to give me after my questions of you that relate to my questions.

[00:34:16]>> Yeah. Any questions, sir? I didn't understand a question.

[00:34:20]>> Yeah, I was just saying I asked a few questions of you. So, anytime I ask questions of witnesses, I let both sides ask questions or or tell me additional things if they'd like to tell me anything related to my question. So, do you have any other evidence or any other testimony you want to give the court?

[00:34:36]That's pretty much all I mean that I have.

[00:34:39]>> Mr. Xan, any rebuttal witnesses you'd like to call?

[00:34:42]>> None, your honor.

[00:34:42]>> All right. I'm going to give each side um about four or five minutes to give me a closing argument. If you'd like to give a closing uh Mr. and asking in the closings, you'll ask tell the court what you'd like to see the court do today.

[00:34:55]Mr. Xan, you may proceed.

[00:34:57]>> Very briefly, your honor. Um I think the court has heard overwhelming evidence today regarding Mr. Ford's denial of access by Miss Ford to see her daughter.

[00:35:08]Um, three specific violations, July 28th, August 1st, and August 11th, both stipulated by Mr. Ford that he has violated the terms of this order. And in his understanding, judge CPS basically told him that he should not allow Miss Ford to see the children. However, judge, he's also confirmed that there is no order filed by CPS or any legal matter filed with this court judge that would alter or modify the current temporary order that this court signed on January 19th through 2017, which Mr. Ford also stated under oath judge he understands is the current order of the court and he's understanding that he is ordered to follow that order. Judge, this is a clear case of denied access.

[00:35:53]Judge is a in addition to that, judge, I've heard through the testimony of a adult child, potential alienation, your honor. And so I've got extreme concerns after what I've heard today, judge, that will confirm my client's fears, and that she's not allowed to see these children, specifically the child. We believe that that is intentionally and maliciously done by Mr. forward to prevent any type of relationship whatsoever, judge. And therefore, my client has very strong concerns that if she's not able to see this child, judge, this relationship is going to continue to be tarnished as well as irreparably harmed. And therefore, we're asking the court to grant the relief requested by Miss Ford today, judge, and hold Mr. Ford in contemptive court. Order Miss Ford to be allowed makeup periods of possession and access. Order that Mr. to four be sentenced to confinement in the county jail for no more than 180 days, judge, and placed on community supervision should the court decide to suspend that commitment. We're also asking that the court order attorney's fees in the amount of $1,380, judge, plus filing fees and service fees in the sum of $118.34, judge. And we believe that the evidence presented today leaves the court with no other option but to grant the requested relief of Miss Ford presented today, your honor. Thank you, Judge.

[00:37:12]>> Thank you, Mr. Mr. Ford, would you like to give a brief closing?

[00:37:16]>> Yes, sir. I think I presented enough evidence saying that I I'm right and that this is this what she wants. And if you go by what the kids want, I mean, I'm not trying to keep from the mother, they can go somebody can come in and see what the kids want. I'm not stopping that. I'm just stopping her because what I was told by CPS, I just I don't want to happen to my kids just like any other father would. And I already seen her go against one of her kids. Who knows what she going to do to the next one and or when so I've just need somebody to say, "Look, I'll watch her make sure she's okay while I'm not here. If she wants to get vision, I don't mind. But I think this temporary order is bull because what CPS has put out with with what happened with with that I think that is an uh circumstances that because what happened that should have been null and void in the first place and we done which I couldn't afford to do it because I'm paying for at that time two kids to take care of by myself and I have been all these is no help from her.

[00:38:36]I rest.

[00:38:37]>> Thank you, Mr. Ford. All right. The court's going to stand in recess because we have an a custom schedule and uh so these obviously were alternating weeks on certain days going back from 2016.

[00:38:53]Uh and this as as Mr. Knows, this is why the court hates these kinds of orders.

[00:38:58]uh because I've got to go back four years, five years calendar and try to figure out uh if these dates were the actual dates that Mrs. Ford was supposed to have possession and access. So, we're going to I'm going to while I take a break and then I'll come back with my ruling here probably in about 15 minutes. So, y'all sit tight. Uh I'll be back in 10 to 15 minutes with my ruling.

[00:39:19]>> Thanks, Judge.

[00:39:20]>> Run off the record. Miss Ford, when you could get your video up and running, we're gonna I'll give Court's ruling.

[00:39:25]>> I'm up, sir. I said, "I'm sorry. I'm talking to Miss Ford."

[00:39:29]>> Okay.

[00:39:30]>> Court's back in the record in cause number 16 DCV. Uh court is has considered the evidence presented to the court and the argument from both sides is going to render the following ruling on this motion for enforcement. Uh this is a difficult case in a lot of ways. So in essence, Mr. forward. There's an order of this court in 2017, January 17 or January 19th of 2017 that gave mom periods of access. And it was written in a way that is not great from the court's perspective and figuring out who gets what days. And it looks like the first period of possession was supposed to start November 28th, I think. I didn't write that down, but or let me look.

[00:40:17]>> November 28th, 2016, Judge.

[00:40:19]>> Yeah, November 28th. and and it reads Sunday and November 28th is a Monday, but I'm assuming that that just meant the period started that period started at that time. But it's a it's a little bit confusing from the standpoint of holding someone in contempt. Uh because the the date that's actually specific match the days that are allocated for the first period. Um which I think causes a little bit of confusion. But that being said, even if that wasn't the issue, this is a difficult case because I've got a an an order that's in place that has never been modified. And then I have allegedly, well, not allegedly, a conviction for an assault with a deadly weapon on one of the children, the subject of the suit. CPS apparently was involved at some point, but for whatever reason didn't come into this suit, and I understand if Mr. Ford had counsel why they wouldn't come into the suit. maybe because they thought council was going to protect uh him and and the children, but it's like the council had already withdrawn based on his testimony at the time that this stuff took place. And so I it baffles me that the didn't come into this case and try to modify this temporary order because Mr. Xan is right. The temporary order is still in effect even though we've had all this stuff happen back in 2017.

[00:41:42]That being said, I have Miss Forge, you need to understand that if if I mean, I heard a little bit from your oldest daughter and uh I can tell there's a lot of issues there that need to be worked through and that may or may not happen.

[00:41:55]Uh it's the court's hope that y'all can work through those issues because there's a lot of anger and resentment.

[00:42:02]You know, you can just see see that oozing out of her. uh and that's not healthy for her to harbor that hatred uh and that anger towards her mother. She needs to get she needs to feel figure out a way to that uh and uh because that'll that'll hurt her long term.

[00:42:20]She's not able to process that. Um but my so my concern is I've got this other daughter who may or may not have experienced that episode but certainly has heard about it from her older sister, I'm sure. And uh and I don't even know if these kids are have been in therapy as kids, but one child, the other one's now an adult. They've been in therapy to deal with this incident.

[00:42:44]You know, typically the court's going to ease into possession after someone gets out of prison for family violence and they're going to do supervised visits for a little while just to make sure that that relationship is uh is getting back on the right track. And uh you know the court was never presented with that opportunity to do that. And so and that Mr. Ford on your shoulders and I understand you were representing yourself and that you didn't you testified you didn't money to hire a lawyer because you were taking care of these two girls without any financial help from their mother. But the fact is, you put the court in a really difficult bind by not taking action to protect those girls because now I don't even have a motion to modify those temporary orders in front of me which allow me to to do something like that. The only thing in front of me today is either you're in contempt of court or you're not. And that's not, in my opinion, a good place for a judge to be on a case like this. I would much rather modify this temporary order, get mom some possession and access that I know is safe for a little period of time and then it may be that she gets unsupervised access shortly after that.

[00:43:53]But I just don't know enough about what's going on because this is a motion for enforcement.

[00:43:59]Miss Ford, I can tell you this. Your lawyer did an excellent job presenting the case, but I've got some issues with the way that that prior temporary order was written, which gives me a little bit of wiggle room from a judge's standpoint, which I feel like I need in this case. So, here's what I'm going to do.

[00:44:14]>> Judge, if I may, right before you issue your ruling, I'm looking at the order on motion to withdraw of of Mr. Vent, and it looks like it was signed on January 8th, 2018, Judge. And so that's well after this >> alleged CPS matter was taken place.

[00:44:29]>> I I saw that Mr. Xan and I know he testified that he already withdrawn, but I saw the date that that and so I don't know if it was one of those things where they had had a deterioration of the relationship back to that point, but I saw that the the order was signed afterwards, which may why the department felt like they didn't need to intervene.

[00:44:47]I I don't know. Um, but I agree with you that would have been the appropriate thing for them to do is to get it in front of the court that's got the case and let the court, you know, issue some rulings, but they may have also felt like there was no threat if mom was actually sentenced to two years. Uh, and so it took away the urgency to do anything on it. But, um, and maybe wasn't forcing the possession issue back then. But I I don't want to speculate on why they didn't do what they wanted to do. But here's what the court's going to do. I think this is the the best thing I can do under the circumstances to protect both sides because uh Miss Ford's incurred attorney's fees to enforce an order that is still an order of the court. So, what I'm going to do is I am going to I'm going to deny the motion for enforcement. I'm not holding him in contempt of court, but I am going to do two things in this docket entry.

[00:45:39]I'm going to defer attorney's fees and I'm going to put the amount of the attorney's fees and the cost that were presented which is 14.9834 and I'm deferring that until the final trial because it may be Mr. Ford that after I hear more evidence that I determine that that um you should pay those attorneys fees. The I can tell you there's a presumption in the code if I find you in contempt that I should award the attorney's fees against you and I have to find good cause not to do that.

[00:46:07]And this is actually one of the few cases where I might actually find that there was good cause because you you did have CPS involved in the case and it wasn't like something where someone's reporting something and and there's no meat behind it. This is a case where it was reported and someone actually spent two years in prison as a result of the charge. So, uh I understand why you may have felt like you uh needed to not let her see the kids based on what probably CPS told you. But that being said, CPS doesn't change these court orders. The only person that can change a court order is a judge. So if CPS thinks your girls aren't protected, then they need to come in here and present it to me. If you feel like your girls are not protected, then you need to come in here and present something to me. So, um, but Mr. Xan's been doing this long enough to know the court normally is going to ease a child into periods of possession. And so, he's done the right thing by filing the enforcement because this had to get in front of the court. But, uh, more than likely, Miss Ford, you're going to have a little period of time because it's I know you may think there's parental going on and there perhaps there is. I don't because I didn't get to hear that today uh because that's not really before me today. But I can also tell you this that the fact that you were convicted pulling a knife on your older daughter is going to impact your relationship with both girls. And you need to understand that and you need to be able to look inward. And you may have been justified in why you did it. I I don't know. But I know you plead guilty to it, so there must have been something there. And uh and I don't need to get into that today, but I can tell you that that is going to carry consequences with the relationship with your daughters.

[00:47:45]And so I hope as a judge that y'all can repair that relationship, but um that's going to take time. And so typically the court is going to ease you into possession and access when this case comes to final trial, which is coming up pretty quickly. Uh, and then over time hopefully you get to back to where you were or something similar to that. Uh, but the court's going to defer the attorney's fees of 1498.34 for final trial. The court's also going to defer the request for makeup time until the final trial. Um, more than likely I'm not going to grant the makeup time, but that doesn't mean I won't.

[00:48:25]It's just something that I'm not going to do it on a motion for enforcement because I just don't know enough about what Kimberly's ex mindset is and I don't want to cause more harm to her uh and hurt Miss Ford's relationship with her even more. Miss Ford, I can tell you sometimes when a judge takes a very aggressive approach, let's say I lock the dad up for a week, well then your daughter deals with the fact that you put him in jail. That's the way she perceives that. uh or if I pop in with the attorney's fees, you know, she may find out about that and she shouldn't find out about it, but she may because she's got an adult sister. And if she finds out about that, um you that may cause you trouble repairing this relationship. So, I can tell you what I'm doing today is really focused on hopefully repairing the relationship between your daughter and you. Uh and um but I'm not going to hold gentlemen in contempt. uh even though technically it looks like to me uh other than some problems with the wording of that order, he chose to to modify this order on his own. Typically I don't like and I get someone's attention when they do that.

[00:49:30]But I think this is the right thing to do based on the fact that um Kimberly needs to repair her relationship with mom. Uh and Mr. Ford, that's coming.

[00:49:40]Like if that was before me today, she'd be getting access supervised access now.

[00:49:45]Uh, so that because it's important for Kimberly to see her mom and it's important for both your girls to have their mom in their lives. I can't force an 18-year-old to have a relationship with her mom and I understand there's a lot of baggage there. But Kimberly, I can still do something about and I intend on trying to do what I can as a court to repair that relationship. So, you need to let Kimberly know she's going to start spending time with mom very soon. and it may be supervised at first, but that's that day is coming and it's coming quickly. So, we've got a DWOP docket on October the 22nd. And um I don't know if y'all want to try to get a final court date now. I think we really should.

[00:50:28]>> Um >> and also order if you could order us to attend mediation with someone. Judge, a lot of this judge, I believe, could have been presented through discovery, which we've received zero from Mr. Ford of and so we've got issues your honor not only with what you've addressed today but with my ability to represent Miss Ford in finalizing this.

[00:50:50]>> Well, it's presenting prohibiting you from representing yourself and it's also going to prohibit Mr. Ford. You need to understand when one side sends you discovery like questions to answer and documents to produce that they're entitled to do that. And if you don't send them those and send it in a good format that that allows the court to know that you actually sent it to them, then when you come into trial, you may pro be prohibited from putting on any witnesses or any evidence. And now you put me in a bind again as a judge because I have issues that I want to fix or try try to fix. This is this case has got a lot going on. But as a judge, I want to try to repair relationships and I may be put in a position where you can't even tell your side of the story.

[00:51:33]And because the law says if you don't produce those documents to the other side and answer those questions that the judge should restrict your ability to put on any evidence as it relates to those. And the reason for that rule is that if you give the other side all of your evidence, then they can take that, they can review it, and they can go, "Oh, wow. This this doesn't look good for us. let's go a mediation try to settle this case and see if we can't work something out to to fix the case on our own and then y'all can manage that case without the court's interference.

[00:52:03]But um but if you don't answer the discovery and we come back in here for final trial, there's a very good chance the only person I'm going to hear from uh is any witnesses Mr. Anne wants to call or Miss Ford wants to call and then perhaps yourself. But you may be limited in telling me a lot of stuff if you don't answer this discovery. So, I am going to send y'all to mediation. That's something that needs to be done on every case and give you all an opportunity to try to resolve this on your own. If the mediation doesn't work, then this court will hear the case. If you haven't mediated by the time you come back in to see me and the case is not ready for trial that day, the case is going to be dismissed and y'all are going to start right back over from square one, which I don't think would be good for either side. So, Mr. forward. I can't tell you exactly what to do, but I can tell you you probably should go meet with a lawyer, especially as it relates to this discovery, these questions and documents that Mr. Xan has sent you. He needs that information in order to tell Miss Ford what to do. And you need to provide him with that information so that you can actually get evidence in front of the court in the event we actually have a trial because y'all are unable to settle. And um Mr. Xan, this is a really old case. I understand now why it's as old as it is. Uh but uh why I'd like to get this thing done. And I think the the the thing that concerns me now is the longer that mom goes without seeing Kimberly, the more damage that's being done to that relationship. We need to get her uh at least exposed to her mom in some format quickly. So I'd like to get a fairly quick trial date. And let me ask this, Mr. for are the Did the girls do therapy after this incident?

[00:53:49]>> They did. They both did what? Two times social worker, I think it was.

[00:53:55]>> So, they went to two visits with the social worker, both of them.

[00:53:58]>> Yes.

[00:53:59]>> And there's been no additional therapy after that.

[00:54:02]>> Okay. Okay. All right. So, uh let's look at the trial date. Mr. an what do you think realistically would be a date that this case is ready to go to final trial?

[00:54:15]>> Judge, we submitted our discovery request back in the November of 2020. We had a motion to compel hearing in March of this year, we've received zero documents from Mr. Ford, judge, had we received a CPS report or some findings of some conclusions, judge, that may change some things, but at this time we're blindsided with these reports. had no information regarding them. My client's not aware of them. And so, um, yeah, it's thrown us for a little bit of a loop. Judge, the concern that I have, your honor, if we push this back, as the court's already stated, you would like to award Miss Ford some periods of possession that are supervised. The concern I have is another month, two months potentially without any access to this little girl is going to, as the court already stated, be harmful to their relationship as it already is. And so I I don't know setting this out any is a good idea judge just because but at the same time you know October 22nd is almost a month and two weeks away judge come 30 days prior to trial >> the issue with the discovery is going to be that issue that the court's already presented. I'm not here to represent Mr. Ford or give him any relief judge. I'm here to do my job and I've already tried to resolve the discovery at one point.

[00:55:29]>> Yeah. No, I understand. And uh Mr. Ford, do you think Kimberly would get on um FaceTime call with her mom?

[00:55:38]>> I can find out. I mean, >> well, I I mean, at some point when I rule, it's it's not going to be her decision, but I'm asking you as a parent, you would >> I think it would.

[00:55:50]>> You think she would?

[00:55:51]>> Yeah.

[00:55:52]>> All right. Um, Miss Ford, I'll tell you this, too. You're going to hear some probably some things you don't want to hear, like you heard today. things that will upset you as a parent and um maybe make you angry, maybe make you uh feel hurt and um those but you need to understand these girls need to vent and they need to get that off their chest and they need to have a difficult conversation with their mother and their mother needs to be receptive to that, not get defensive. Um, you're and this is not an easy not an easy case. And I can tell you I've been doing this a long time and I think I've said that four or five times already. This is not an easy case for the lawyers, for the judge, uh, for the parents, uh, for the children.

[00:56:37]There's a lot that's gone on and there's a lot of of stuff that needs to be worked through. But, Mom, I want you to understand you're probably going to get some some comments like you got today.

[00:56:49]And the thing for you to do is listen.

[00:56:52]Let them let them get that off their chest. Start working towards repairing the relationship and becoming back in in into their lives and being a positive.

[00:57:03]All right. Uh I don't really have a modification in front of me. Uh what I will say is >> you do have a clarifying request to clarify judge which I believe you can somewhat modify the order with that.

[00:57:17]>> Yeah. And I think what I'm gonna do is um I am gonna order FaceTime access with uh Kimberly and mom. Uh Mr. Ford, how is Kimberly doing in school?

[00:57:29]>> She's doing real good.

[00:57:31]>> Like A's and B's kind of good.

[00:57:33]>> A's and B's >> mainly. Okay.

[00:57:36]>> Judge, can we ask what school the child goes to because we last found out she was withdrawn from her prior school and we don't know what school she's attending as of now.

[00:57:44]Well, and uh yes, you can uh sir, what school are they going to or what? I'm sorry, I didn't get that. What was the school name?

[00:57:52]>> Public schools. It's an online academy.

[00:57:56]>> That's why >> she's taking online courses.

[00:57:59]>> Correct, sir.

[00:58:00]>> Okay. All right. Um so, the the motion for enforcement is denied. the court to clarify the prior order and mom is going to have FaceTime or Duo or Skype whatever some virtual where they can see each other on their phones whatever they whatever they use if it's Apple FaceTime if it's Android it's Duo but uh or if they don't have that they can do Skype or WhatsApp or whatever these these programs are but she's going to have video conferences with her daughter or telephone access, ma'am, if you don't have access to those or or the child doesn't have access to those uh video chats. But if you um you either have video access or access with Kimberly and we're going to do that on Monday evenings and Wednesday evenings and that's going to be between the between 7 and 7:30 on Mondays and Wednesdays PM. That doesn't mean you have to talk for 30 minutes. It it just means that and it doesn't mean you're limited to 30 minutes. If your daughter's enjoying talking to you and y'all are talking and you want to stay, she wants to stay on an hour, mom, you have the ability to do that. Uh, but it also may be that you t talk to her for five minutes and she says kind of some of the things that you heard from Emily and and it the phone call ends in five minutes. This is, like I said, going to take some time. Mr. Ford, what this means to you is this. This is going to be a very specific order. I mean, it's 7 to 7:30. If for whatever reason Kimberly is not available during that period of time, then she is to call her mom back as soon as she is available. So, for example, let's say she has an extracurricular activity from 7 to 8. Well, if that's the night that she was supposed to talk to her mom, then at 8:00 or 8:05 or whenever she's available, she needs to contact her mom.

[01:00:01]And um if if if you don't do this, Mr. for get your attention and you'll see a judge you don't like because I will I will end up starting to do attorney's fees considering putting you in jail.

[01:00:14]I'm I'm going to make my every effort I can as a judge to help Kimberly and her mom repair their relationship because that's what's best for them and at least that's what I think right now until I hear all the the evidence. Uh but we're going to start this access or video access on Mondays and Wednesdays of each week from 7:00 to 7:30. Um, >> is there a number that Miss Ford can call? I don't believe she has any of contact information at this time.

[01:00:41]>> We're gonna get that in just one second.

[01:00:42]Uh, well, well, go let's go and do that now. Mr. Ford, what is the best number for her to call to talk to Kimberly?

[01:00:48]>> Okay. It's 97.

[01:00:50]>> Okay. And Mr. Xan, I'm going to have you draft an order. So, we have an enforceable order on this.

[01:00:55]>> Yes, Judge.

[01:00:56]>> Telephone access and video access. So, if you will include that number in there as well. And we don't have phone number either.

[01:01:04]>> You have what?

[01:01:05]>> We don't we don't have Eliza's phone number either. So >> yeah, we need that as well. Ma'am, if you can state your phone number for them, you'll need to unmute.

[01:01:12]>> Judge, I can give it to you. It's 832.

[01:01:15]>> All right. Um so last thing I want to do is do a temporary orders hearing on this case when um it's such an old case and it needs to get to final trial. But um I'd like to get mom, you know, because we're going to this we're going to ease into this like I said and and mom needs to get supervised access. So um where are you living sir? What city are you in?

[01:01:39]>> Rosenberg.

[01:01:40]>> Okay. And ma'am, what city are you in?

[01:01:43]>> Miss Ford, unmute yourself, ma'am.

[01:01:45]You're muted. Unmute yourself.

[01:01:47]>> Rosenberg.

[01:01:48]>> All right. So you're both in Rosenberg.

[01:01:50]>> Yes, sir. Your honor.

[01:01:53]>> All right. Well, it's not in front of me yet, but I can tell you, Mr. Ford, uh probably the best thing to do would be to to contact Mr. Xan. Y'all look at uh potentially Guardians of Hope or some agency and um and get a couple of visits in before final trial because what'll happen is then I can assess better what's going on. So, if Kimberly's fighting and saying, "I don't want to go and uh I hate this. I don't want to have anything to do with then that helps me know that maybe I need to get her in some therapy and and try to figure this out. Reunification counseling where mom and daughter go to therapy together and work through these issues. Or it may be that Kimberly says, "You know what? I've missed my mom. I I'm I'm loving my time with her." And that me know, well, maybe I can ease into a possession schedule earlier than than I might anticipate.

[01:02:48]But these vis these supervised visits will tell us a lot and it'll educate the court on kind of the best course for everybody. So I would really like for y'all to try that prior to coming back in here for your final trial. And I know Kimberly may not be on board with this.

[01:03:05]I get it. But we need to at least try this because it'll let us know where we are um and and what we need to deal with. Uh but that's not something I'm ordering today. I'm just Mr. Ford. Uh because here's the thing, Mr. Ford, there's also presumption of a standard possession order in every case. And so if someone comes in like today and I don't necessarily get all the evidence that I need, then the law says that I should just grant a standard possession order. And I can tell you I don't think that that's probably what's going to be best for Kimberly right now. Uh, and so I would like to for y'all to listen carefully to what I today and try some of this stuff because it will help it will help me know where to go and it will help y'all maybe make an informed decision on mediation and maybe settle the case without having to come back to me. All right. So mediation uh is this a DRC case, Mr. Xan? Do we have any money in the case? I >> I don't know anything about Mr. Ford's income, judge. So I I couldn't I would be speculating. Judge.

[01:04:11]>> All right. Mr. Ford, what do you do for a living?

[01:04:13]>> Uh service tech.

[01:04:14]>> Service tech.

[01:04:15]>> Yep.

[01:04:16]>> And approximately what are you annually doing that? Just a g estimate.

[01:04:21]>> Annually about 45,000.

[01:04:25]>> Okay. And uh Mr. Xan, does your client work?

[01:04:29]>> She's an hourly worker, judge. And I don't recall what her hourly income is.

[01:04:34]Miss Ford, what do you make an hour right now, ma'am? of $11.

[01:04:38]>> Yeah, that's okay. All right. So, we're going to mediate with the the DRC uh the the dispute resolution center. It's agency that uh will give y'all a reduction in the cost. So, it may be that it's you $50 or $75 or something.

[01:04:54]But if I sent you to a regular mediation, it'd be $400 or $500 a piece.

[01:04:58]And uh I'm just going to try to save y'all some money. So, I'm going to send you to the Fort Vin Dispute Resolution Center. They will require you to fill out a little form that says what you make because you have to qualify to get there. But the two of you should be able to qualify for that and that will save y'all a little money. Um and uh and it's a it's just an inexpensive place to go mediate. So, we're going to try that. Um and mediation needs to take place pretty quickly. This case is drug on. So, I'm thinking I can order y'all to mediate by October the 1st. Is that something you can do, Mr. Xan? I'll make it happen, judge.

[01:05:35]>> Mediation is to be completed by October the 1st. Mr. Ford, that means you have three weeks to mediate. So, uh, you need to, if you're going to get a lawyer, contact the lawyer. If you're going to represent yourself, you need to you need to understand you need Mr. Xand and, um, we're going to mediate this case before October the 1st. So, either on October the 1st or a date before that. So, you need to cooperate with the Fort Ben dispute resolution center. They're going to ask you to fill out that piece of paper that says how much you make. Do that right away and get it back to them.

[01:06:09]Uh, and uh, mediation is a non binding kind of process. You go there, you listen, you present your side of the case. Um, you know what you'd like to see the in a final order. The other side does that and then they try to come up with some kind of agreement. And if you reach an agreement, then it does become binding on the parties and it's not something where you can change your mind. So you go in there and if you're able to get an agreement, well, that will turn into an order of the court.

[01:06:37]But if you go to mediation and you can't agree on everything, that's okay. Uh you'll come back and I'll we'll try the case at that time and I'll assess the or I'll look at whether or not to assess the attorney's fees and makeup time at that time. But uh but again, I hope that y'all can get supervised access in prior to coming back in here because that would help the court out a lot. Okay, Mr. Ford, do you have any questions about this order today? You understand that Mondays and Wednesdays from 7:00 to 7:30, you're going to make Kimberly available by phone >> or by u whatever means, mom, you need to uh let them know how you're going to be contacting them. So, if it's FaceTime or one of those apps, let them know what it is. so that they can make sure they have it on their phone. And then you're going to mediate with the DRC on or before October the 1st of 2021. And uh we're going to keep the DWOP date of October the 22nd because what I may do on that day is I may set y'all for trial 30 days out. Um or I may get I'm going to give you a trial dismissed that day, but I'm going to kind of see where things lie on the 22nd. It's not going to be a long reset. So Mr. forward if you need to get documents and evidence over to Mr. Xan.

[01:07:54]It sounds like I've already ordered that um previously and that will end up getting you in trouble with me as well.

[01:08:01]They're entitled to that EV evidence and you got to make sure you answer that stuff. Otherwise, you'll not only get in trouble with me, but you won't be allowed to put on any of your case. And I don't I don't want to see that happen side. I want to be able to hear both sides of the story. All right. Anything further that you think I guess Mr. saying, I'll give you an inch date.

[01:08:20]Let's do and um I think that does it for today. Uh we'll I'll do a we'll do a lot on this case when y'all come back in for trial if y'all can get it resolved.

[01:08:29]>> So tomorrow, J, I just want to confirm so that Mr. Ford understands that the uh FaceTime or the video virtual visits shall occur tomorrow, Wednesday.

[01:08:39]>> That's correct.

[01:08:40]>> Between 7 and 7:30. So we're all on the same page.

[01:08:43]>> That's correct. And uh and sir, I don't want Mr. Ford, one thing I forgot to mention. I don't want you supervising those calls. I understand it's your daughter and I understand you want to protect your daughter, but I want her to have because here's the thing. Sometimes kids when they have another parent and there's conflict between their parents or there has been a history of conflict between the parents, they don't feel like they can necessarily be themselves in a phone call with the other parent because they're trying to protect both family, both parents in some time in some respects. So, if they think you're going to be upset if they smile or say something, mom says something funny that you're going to be upset if they respond to that. Sometimes kids feel that way.

[01:09:24]So, I want you to give her her space during these phone calls. You, you know, you can be in the house, but don't be right over her. Uh, let her go to her room or wherever she wants to go and have a conversation with her mom. You don't need to be a part of that. And honestly, um, you know, I can't really control the Emily. Uh, but I'd like for Kimberly to be able to just have a one-on-one conversation with her mom and see where that goes. Okay.

[01:09:50]>> Okay.

[01:09:51]>> All right. Uh, anything further, Mr. Xan?

[01:09:53]>> Nothing, your honor. Thank you for your time this morning, Judge.

[01:09:56]>> Anything further, Mr. Ford?

[01:09:58]>> No, sir.

[01:09:59]>> All right. Thank you. We're going off the record. That completes the ruling of the court.

[01:10:02]>> Thank you, your honor. 80.