Mom's Lawsuit Backfires Over Kid's Phone!

Added: 2026-05-13

[00:00:00]We're set here today on moving mothers motion for enforcement of electronic access and request for makeup possession time. We're here today just because we've we're seeing a pattern and the evidence will show that father has consistently at least 29 times denied my client electronic access. The court order under temporary orders requires both parents to make the child available between the hours of 5:00 and 8:00 p.m.

[00:00:27]each day. The child's nine. It's it's a young girl. So that this is continuous contact between both both parents, judge. The evidence will show that this has just been an issue that we want to address while we're in front of this court. We're afraid that father won't abide by orders once these this case is closed. We are set for trial in June.

[00:00:48]The enforcement today that was about these specific 29 violations. Thank you, your honor. Thank you, counsel. Attorney Cantu?

[00:00:56]Yes, judge. Just briefly. May it please the court. We're actually here, judge, on on this temporary order on a very vague and ambiguous provision where you'll see that although father has the right possession, mom is trying to argue that somehow she has missed 29 or or that father has failed and refused to make the child available on a provision, judge, that is a supplement to possession, which I believe the evidence will show is in violation of his right of possession. And further, it is a provision that does have that states no specific dates, times, and instead gives a three-hour period of time where apparently the child is supposed to be made available for electronic communication. Some key terms that the the court should pay attention to is the electronic communication term, the non-specific specificity of this order stating a 3-hour window of where the parent can have up to 20 minutes of conversation or access to the child. And we believe Judge that the evidence is to show that this is unenforceable.

[00:02:08]It violates possession of of the of a parent.

[00:02:13]And there is going to be no proof that for every single second between 5:00 p.m. and 8:00 p.m. any parent would possibly be able to prove that this child was made available or unavailable to the other parent because this provision is ambiguous and vague and talks about different forms of communication. Thank you, Judge.

[00:02:33]Thank you. Attorney Hines, you may call your first witness. Thank you, Judge. I call Carolina Niño. All right, you may proceed. Thank you, Your Honor. Miss Niño, can you please state your full name for the record?

[00:02:44]Carolina Niño.

[00:02:45]And you are the mother of the child SDG in this case, correct? Yes. How old is she?

[00:02:51]Nine. And what grade is she in?

[00:02:54]Third grade.

[00:02:55]And German Gonzalez is the father of your child, correct? Yes.

[00:02:59]Um we've submitted Mother's 1, which is a relief of everything that you're asking for the court to grant today. Is that correct? Yes. Your Honor, permission to share the screen? Yes.

[00:03:11]And Miss Niño, it's correct that we're here seeking the court to grant you some makeup time for the times that you have missed. Is that fair?

[00:03:20]Yes. Um you're asking the court to order Mr. Gonzalez to post a bond for violations of the order. Is that fair?

[00:03:27]Yes. You're not asking the court today to send him to jail, are you? No.

[00:03:33]And you're also asking for your fees. Is that correct? Yes.

[00:03:37]Um Miss Niño, are you familiar with the temporary orders that were entered in this case in February of 2025?

[00:03:43]Yes. And in that temporary order, there's a provision regarding electronic access, correct? Correct. And what is your understanding of what was required of both you and the father regarding making your child available?

[00:03:56]That we both helped facilitate telephone communication with the child during each of our possession periods. Okay.

[00:04:06]So for 20 minutes, and did you understand what the time window was?

[00:04:09]Between 5:00 and 8:00 p.m.

[00:04:12]Okay. And how long the calls supposed to last up to you said 20 minutes? Yes. And did the order require the parent in possession to assist in returning a call if a call was missed? Judge, I'm going to object on two grounds. One as to leading and two as to relevance. Their motion, which must plead specifically the noncompliance of the alleged provision, must be in the motion. Their motion does not complain about any facilitation.

[00:04:38]So I'm going to object as to relevance and for something they did not plead.

[00:04:42]Okay. Sustained as to leading. Don't lead.

[00:04:46]Yes, Judge. Thank you.

[00:04:48]Um why do you think these calls are important between you and your daughter and German, Mr. Gonzales, and your daughter?

[00:04:55]Um to help um both parents still have some kind of contact with the child while she's with the other parent.

[00:05:05]Okay. When Mr. Gonzales had possession of your daughter, did you attempt to call her?

[00:05:11]Yes.

[00:05:12]Um and we'll go through each specific violation, but did you What time frames were you attempting to call your daughter when she was with her dad?

[00:05:20]Between 5:00 and 8:00.

[00:05:23]And what device did you use when you were attempting these calls?

[00:05:27]Um my phone, I would try to call it Dad's phone or Sophia's phone.

[00:05:34]Sophia has a phone, correct? Yeah, she has or had one. Yeah. Okay. When calls weren't answered, what did you do? I would call and message Dad.

[00:05:46]Okay. And so I'm going to I'm going to turn attention again. These are already These have been pre-admitted.

[00:05:51]Um but starting on July 2nd, um did you attempt to call your daughter?

[00:05:55]Yes.

[00:05:57]Um how did you attempt to call her?

[00:05:59]Um either through the app close or to Sophia's phone.

[00:06:04]And on the screen it's mother's three and this is July 2nd, correct? Yes.

[00:06:08]And you asked, I called Sophia, could you please have her call me back? All right, judge. I'm going to object to the leading questions. Sustained. Don't lead.

[00:06:18]Ms. Senior, did you have a call with your daughter that night?

[00:06:22]Uh no, I didn't. When I called, no response. Message, no response.

[00:06:28]Okay. Moving to mother's four on July 18th, did you have a call with your daughter?

[00:06:34]No.

[00:06:36]Did you message the father on app close?

[00:06:38]Yes. Yeah, I'm going to object to any leading questions, judge.

[00:06:42]Sustained. Don't lead.

[00:06:44]Ms. Senior, how did you attempt that phone call with your daughter on the 18th of July?

[00:06:49]Uh tried to call dad on his or through app close uh and Sophia's phone.

[00:06:56]Um and what does your app close show as far as the calls that were attempted?

[00:07:01]There there was no answer to them.

[00:07:04]And they were missed.

[00:07:06]And on on July 22nd, did you attempt to call?

[00:07:10]Yes.

[00:07:11]Um is that reflected here in your app close messages?

[00:07:15]Yes.

[00:07:16]Um and then again, um when did you attempt to call? Do you recall July 26th?

[00:07:24]Yes.

[00:07:25]Is that all in these app close messages that are tendered to the court?

[00:07:29]Uh yes.

[00:07:31]Um mother's five, uh did you attempt to call on July 29th?

[00:07:36]Yes.

[00:07:38]Um what is app close showing on July 29th?

[00:07:42]Um that I kept trying to call dad and Sophia on either of their phones and no response.

[00:07:49]Okay. Did you have a call with Sophia that night?

[00:07:53]No, I don't believe so.

[00:07:55]Mother's six.

[00:07:58]Did you also try to have a call on August 17th?

[00:08:00]Yes.

[00:08:02]Did you have a call on August 17th?

[00:08:04]No.

[00:08:09]Mother's seven, on August 21st, did you attempt to call your daughter?

[00:08:13]Yes.

[00:08:14]Um, was a conversation had with Mr. Gonzales on that close?

[00:08:19]Um, well, I messaged him um, to ask him to call me or have her call me back.

[00:08:32]Again, on Mother's eight, a separate issue on August 31st, did you try to call your daughter?

[00:08:38]Yes.

[00:08:39]Um, did you speak with your daughter that night?

[00:08:42]No.

[00:08:44]On September 1st, did you speak with your daughter?

[00:08:47]No. Was your daughter with Mr. Gonzales?

[00:08:51]Yes.

[00:08:52]Um, on September 4th, did you attempt to call your daughter?

[00:09:00]Yes.

[00:09:01]Did you have a conversation with her that evening?

[00:09:03]No.

[00:09:05]On September 11th, Mother's 11, did you attempt to call your daughter?

[00:09:10]Yes.

[00:09:11]Um, did you have a conversation with her that evening? No.

[00:09:16]On Mother's 12, September 20th and 21st, when did you speak to your daughter those evenings?

[00:09:22]Um, I don't think I spoke to her that evening. Same thing.

[00:09:28]Called her, no answer.

[00:09:29]>> Objection, it's a no response at this point.

[00:09:32]The same after, I don't think I spoke to her.

[00:09:37]Miss Nuneo, did you attempt to call your daughter on these four different nights? Yes.

[00:09:45]Did you have calls with her on those different nights?

[00:09:48]No.

[00:09:52]Mother's 14, this is October 19th, did you attempt to call your daughter?

[00:09:58]Yes.

[00:09:59]Um Mr. Gonzalez, where did he tell you he was?

[00:10:05]Um that I remember, he was saying that he would they were busy.

[00:10:14]At some point, did you speak to your daughter later that evening?

[00:10:17]No.

[00:10:20]Mother's 19 I'm sorry, Mother's 15, again November 22nd same pattern, did you reach out for a phone call? Yes. Did you have a phone call?

[00:10:30]No.

[00:10:32]Mother's 16 On December 6th and December 7th, were you attempting to make phone calls?

[00:10:40]Yes.

[00:10:45]Mother's 17, on December 11th, again, did you attempt to have a call with your daughter? Yes.

[00:10:53]Um and this is December 11th, correct?

[00:10:56]Yes.

[00:10:57]When did Mr. Gonzalez respond to you when you were reaching out to him on OurPact Um I don't think he responded.

[00:11:07]So, your main area of communication is OurPact with Mr. Gonzalez, correct? Yes.

[00:11:13]And that's court-ordered, in fact, correct?

[00:11:15]>> Mhm.

[00:11:16]And so, you And you're not getting responses from Dad.

[00:11:19]Correct.

[00:11:22]Mother's 18, again on December 20th, did you attempt to call your daughter? Yes.

[00:11:27]Was she in possession of father? Yes.

[00:11:30]Did you have a call with her that evening? No.

[00:11:34]Mother's 19, this is December 23rd right before the holidays. Did you attempt to call your daughter on December 23rd?

[00:11:41]Yes.

[00:11:42]And did you speak to her that evening?

[00:11:45]No.

[00:11:48]Mother's 20.

[00:11:50]On December 26th, again, did you attempt to call your daughter? Yes. Did Mr. Gonzalez facilitate that call? No.

[00:12:00]Mother's 21, again, on January 17th and 18th, did you attempt to call your daughter? Yes. Did you reach out to the father to help facilitate that call?

[00:12:10]Yes.

[00:12:11]Did you speak to her either of those evenings? No.

[00:12:17]Mother's 22, this is January 30th of this year. Again, did you attempt to call your daughter?

[00:12:23]Yes.

[00:12:24]And did you speak to her that evening?

[00:12:25]No. Did you reach out to the father to request facilitation of the call? Yes.

[00:12:32]And the last violation that we have listed as Mother's 23 from February 1st.

[00:12:37]Did you attempt to call your daughter that night? Yes. And did you reach out to the father to facilitate that call?

[00:12:44]Yes.

[00:12:45]Did he help facilitate that call? No.

[00:12:48]Yeah, I'm going to object as to any testimony about facilitating the call as it is not something that I pled specifically for in this motion for enforcement. So, relevance.

[00:12:58]The same as to relevance.

[00:13:00]Ms. Nino, um were these phone call concerns, were these isolated incidents? I'm going to object as to leading.

[00:13:09]No. Rephrase.

[00:13:13]Ms. Nino, what concerns do you have about not having access to your daughter?

[00:13:18]I'm going to object as to relevance for a motion for enforcement.

[00:13:22]Um I have one second. Hold on one second. Let me read the question back.

[00:13:28]You have about not having access to your daughter.

[00:13:32]Sustain rephrase.

[00:13:35]Miss Miss Nino Why are you bringing this enforcement regarding missed calls with your daughter?

[00:13:43]Because um I believe that we're both supposed to be uh be able to check in on Sophia on each of our times and while I am letting him do it, he does not let me check in and talk to her during his time.

[00:14:01]When did Mr. Gonzalez offer makeup calls for these missed calls?

[00:14:05]He has not.

[00:14:08]Has has he been um or what attempts to cooperate with the order has he made um regarding electronic access?

[00:14:17]Um I mean, he would say he would have her call back, but that doesn't happen.

[00:14:27]And how did these missed calls affect your ability to maintain communication with your daughter?

[00:14:33]Well, I mean uh there I go days without talking to her when she's with him. Um and I it just makes it strains our relationship more as well because I mean there's just no contact during those days.

[00:14:52]And why is why is contact important to you at this age?

[00:14:57]Because it helps um I believe it helps show Sophia that we both care and care to check in on her and that we haven't forgotten about her while she's away with the other parent.

[00:15:12]And did you have to hire my firm to file this enforcement?

[00:15:16]Yes. Um and you've we started um well, some of these violations go back to which year?

[00:15:26]Go back to what, sorry?

[00:15:28]These violations go back to which year?

[00:15:31]2025.

[00:15:33]And we've submitted our attorney's fees to this court, correct? Correct. And you're asking the court to award reasonable and necessary fees in this case, is that fair? Correct.

[00:15:48]Pass the witness, Your Honor. All right, attorney Cantu.

[00:15:51]Uh Ms. Nino.

[00:15:54]Yes.

[00:15:55]>> If I heard you correctly, you stated that um Sophia has a cell phone, correct?

[00:16:03]Yes. She had one, you took it away in December of 2025, correct? Correct. And so you bought her that cell phone back in early 2025?

[00:16:13]Yes. And when she's with when she's not with you, do you guys text on that cell phone?

[00:16:20]Objection, relevance, Your Honor. This is a This is about electronic communication and and she's asking about communicating with her daughter. I have every right to ask her if she communicates with her via electronic communication, which the order states.

[00:16:34]This is highly relevant to this, Judge.

[00:16:36]Overruled.

[00:16:38]Ma'am, I know you're trying to state that Mr. Gonzalez is somehow violating this unenforceable provision. So I'm going to ask you again, Mhm. when she had the cell phone, were you able to text her whenever you wanted? No.

[00:16:51]No, you were not. No. Okay. When you uh removed the phone from her, when did you remove the phone from her?

[00:16:58]Um sometime in December.

[00:17:01]Of 2025? Yes.

[00:17:03]You did not tell Mr. uh Gonzalez, in fact he had asked you about it, correct?

[00:17:09]Yes. Do you recall stating which is a as an exhibit's already been admitted, do you recall stating that Sophia will no longer have her phone until she learns to respond and answer your calls. Do you remember telling Mr. Gonzalez that?

[00:17:27]Yes. Do you recall telling him, "I didn't get her a phone for her to tell me she's busy and make up excuses."

[00:17:38]Yes.

[00:17:39]So, she has this phone up until you took it away in December.

[00:17:44]And you're mad because the child's telling you that she's busy and sometimes ignores your calls and you're going to blame Mr. Gonzalez. Is that true?

[00:17:51]>> Your Honor, at this At this point, I'm going to object to child hearsay. No, this is her message.

[00:17:57]This is her statement, in Ms. Nino's statement.

[00:18:00]Sustain as to the portion about the child telling you that she's busy.

[00:18:05]Sustain as to hearsay.

[00:18:07]So, you removed her phone based off what she told you, right?

[00:18:12]Um Yes or no?

[00:18:13]>> I removed it because in my efforts to try to have some communication with her during dad's parenting time was still not working.

[00:18:23]Yes, ma'am. And she had this cell phone, correct?

[00:18:26]She what? She had this cell phone, correct? Yeah, for a few months.

[00:18:32]When did you first get it for to forward?

[00:18:34]Um sometime in April.

[00:18:37]Of 2025?

[00:18:39]Yes.

[00:18:43]I'm going to refer to you May I share the screen, Judge? Yes.

[00:18:49]I'm going to share screen number three.

[00:18:51]Can Ms. Nino, as it's pulling up, sorry, my laptop's a little slow.

[00:18:56]Is it sharing properly, Ms. Nino? Can you see this?

[00:18:59]Mm, oh, now I can.

[00:19:01]Okay. You see here where it says, "This concludes the possession order."

[00:19:06]Yes.

[00:19:07]And this is attached to your lawsuit.

[00:19:09]You see, you You Mr. Gonzalez has the right of possession of the child on the first, third, and fifth weekends when school is released until uh school resumes on Monday, correct?

[00:19:21]Correct. You also know that he has the child on Thursdays each week during the regular school term uh when the child is released from school until that that resumes the next Friday, correct?

[00:19:31]Correct. And so you know he has the child The child primarily lives with you, correct?

[00:19:36]Correct. You're alleging that there's 29 times the child wasn't made available to you, correct?

[00:19:43]Yes.

[00:19:44]However, he has the child roughly 160-ish overnights. So you're stating that on on 130 other days you've had able uh the ability to call, text, and communicate with your daughter, correct?

[00:20:00]Well, Yes, ma'am.

[00:20:05]No, because some of those days were not included on this enforcement.

[00:20:10]Okay. So you didn't So you're telling the judge I also didn't include other other times, correct? Correct. And then there's some recent ones that have not been included as well. Okay. And you see right here I'm going to refer to uh to this electronic communication. You see how it states above it this concludes the possession order. So the above states the possession order of when each parent has the right to possession, correct? Mhm.

[00:20:33]Is that a yes?

[00:20:34]Yes.

[00:20:35]And then it states here electronic communication right? You see it right there?

[00:20:40]Yes. And it states that it's telephone, messaging, video conferencing, correct?

[00:20:46]Yes.

[00:20:47]And it states electronic communication is to supplement possession, correct?

[00:20:51]Yes. It also says that uh the parent who is with the child shall make the child available between 5:00 p.m. and 8:00 p.m., correct?

[00:21:02]Yes.

[00:21:03]So that the other parent may talk to the child, correct?

[00:21:06]Yes. How many times, with all these alleged violations, did you call the child or text the child between 5:00 and 8:00?

[00:21:18]All of the alleged times.

[00:21:21]The evidence you just went over does not show any text messages between you and the child, correct?

[00:21:27]Correct.

[00:21:28]It also does not show between 5:00 and 8:00 p.m. every single second being called to see if the child was available, correct?

[00:21:37]It's between that window.

[00:21:39]Objection, non-responsive.

[00:21:41]Sustained. Does your evidence show that you called or text or messaged or electronically emailed your daughter every second between 5:00 p.m. and 8:00 p.m. on all these alleged dates you're stating?

[00:21:55]Yes or no?

[00:21:56]>> No.

[00:21:56]Yes.

[00:21:58]Your evidence shows every single second.

[00:22:00]Not every single second, but >> second. Yeah.

[00:22:03]>> Yes, ma'am. Does it show uh Does this provision here state exactly what dates you're supposed to be able to call the child or text the child or message the child?

[00:22:17]Does this provision state that?

[00:22:24]Yes or no, ma'am? You said you're familiar, this is your lawsuit. Mhm.

[00:22:28]No.

[00:22:29]>> Does it say the exact dates?

[00:22:31]No, not exact dates. Okay.

[00:22:34]However, your motion you provided exact dates, correct?

[00:22:39]Correct.

[00:22:40]Okay.

[00:22:42]You also said make the child available between the hours of 5:00 and 8:00. You didn't give an exact time of when Mr. Gonzales was supposed to make the child available, correct?

[00:22:55]Well, it's between 5:00 and 8:00 by my understanding.

[00:22:59]>> Okay.

[00:23:02]Ma'am?

[00:23:03]Yes. Has there been times where the child was Mr. Gonzalez tried to call the child and you didn't make the child available?

[00:23:09]Objection, relevance.

[00:23:12]Sustain.

[00:23:13]Yeah. Judge, may I respond?

[00:23:15]Sustain.

[00:23:16]Okay. Ma'am, has there been times where you have violated the order when Mr. Gonzalez is supposed to have the child? Objection, relevance. Judge, may I respond to that?

[00:23:27]In the motion for contempt, they're asking for make-up and possession time.

[00:23:32]I'm allowed to have her honor consider why they shouldn't have make-up and possession time if I can show good cause. We have played that the mom has made violations on dad's time.

[00:23:44]That's not before the court today. I haven't seen the pleading that there's been violations on Uh counsel, you may ask your next question. I already sustained the um I'm I already made the ruling and sustained it.

[00:23:58]Yes, Judge.

[00:24:00]Ma'am, I'm going to go through what has been pre-marked as exhibit R2.

[00:24:06]Is this Can you see exhibit R2?

[00:24:09]Yes.

[00:24:15]You stated that on July 18th Mhm. you were denied a call as one of your violations, correct? Yes.

[00:24:24]You see here Mr. Gonzalez on July 18th calling you back. You see that?

[00:24:32]Yes.

[00:24:33]However, on your exhibit, this is part is cut off, correct?

[00:24:39]I don't know.

[00:24:41]You don't know if your own exhibit is cut off, ma'am? You just introduced it.

[00:24:46]So, I'll move past that. Mhm. So, this means Mr. Gonzalez is calling you right back on one of your violations, correct?

[00:24:55]Yes or no?

[00:24:57]Yes.

[00:25:00]On July 22nd you asked about call back and he states, I'm sorry, July 26th, I'll make sure she calls you today. You see that?

[00:25:12]Yes.

[00:25:14]You see on July 27th he says, maybe try my phone my phone, correct? Yes.

[00:25:19]On July 29th you state, I'm trying to call. He says, I think it's her service, try calling me. Him trying to work with you, correct?

[00:25:28]Yes.

[00:25:32]August 17th, try calling my phone.

[00:25:35]This is another date you're stating you didn't get your call, correct? Correct.

[00:25:40]Again, your phone call is what you're complaining about, right? Yes.

[00:25:44]You state you see here at 8:03, she's calling right now. She's available to call you and text you all day. You see Mr. Gonzalez is telling you that on the same day you're saying you got violated.

[00:25:55]She's calling you back, correct?

[00:25:58]Correct. Yet you're showing the judge exhibits that are cut off, that does not have this part, correct?

[00:26:06]You're going to I'm going to object.

[00:26:07]That misstates the evidence. My exhibit does not cut that portion off.

[00:26:16]Which exhibit number is this?

[00:26:18]For me, Judge, it's exhibit R2. It's the full messages.

[00:26:23]And for me, it's it's Mother's 6. It is a complete copy of that entire conversation, so it misstates the evidence.

[00:26:37]Mhm. 6.

[00:26:50]Okay, sustain.

[00:26:54]Ma'am.

[00:26:56]Yes.

[00:26:59]You're stating on September 1st that there was some kind of violation.

[00:27:04]Yet on here it shows she's calling you. That's German. Mhm.

[00:27:10]It also says you're talking to her right now.

[00:27:13]Yet you're telling her honor that you didn't get a phone call, correct?

[00:27:17]Correct.

[00:27:18]Okay, but it states right here Mr. Gonzalez is stating you're calling you're talking to her right now. So you did get that call, right?

[00:27:27]I don't think I did, no.

[00:27:29]You don't think you did. You're bringing in enforcement stating to her honor it was completely violated and now you're saying I don't think so.

[00:27:35]No.

[00:27:37]Okay.

[00:27:41]Ma'am, is it true on on times that you've been able to talk to the child over 130 times?

[00:27:48]Mr. Gonzalez will let you talk to the child longer than 20 minutes.

[00:27:53]Sometimes.

[00:27:55]Has there been times where he's let you talk to the child for 30 or 40 minutes?

[00:27:59]One occasion.

[00:28:01]I believe.

[00:28:03]This is exhibit R3. This is the time that you're telling German you removed the your daughter's cell phone from her, correct?

[00:28:11]Correct.

[00:28:13]And Mr. Gonzalez has also made aware made you aware that she has an iPad, correct?

[00:28:18]Correct.

[00:28:25]R4, which is an exhibit that's been pre-admitted already.

[00:28:31]How many times would you say Mr. Gonzalez has been denied calls by you?

[00:28:35]Objection, relevance.

[00:28:37]Your honor, again What's the relevance?

[00:28:41]I'm allowed to show I have played for unclean hands. Ms. Gonzalez is complaining about phone calls that she's allegedly missed, I'm allowed to show that she has the same conduct because she's trying to show that Mr. Gonzalez has some kind of intentional she stated we should both be allowed to do this. If she's complaining that he's somehow intentionally preventing her from calling, she's doing the exact same thing as she's alleging.

[00:29:06]I'm allowed to show her honor that this provision is obviously vague and ambiguous or that she's doing the same exact thing and this is help showing the proof that she does the same thing.

[00:29:18]Your honor, again, it's it's an inappropriate legal vehicle and as separate enforcement if they're complaining about >> If they're complaining about violations, it would have been an a separate enforcement. Your honor >> Those Those are not relevant. What I'm looking at is the answer of the motion for enforcement and it looks like counsel played the affirmative defense um as unclean hands being one of those.

[00:29:45]Yes, your honor. But but the defense that they're raising is to separate violations or dates. They're not unclean hands to the actual dates that we've pleaded. So, judge, I'm I No, they are stating that this order is being violated. I have pled unclean hands. I get to plead all affirmative defenses and when they put it on there that their client's trying to come in here and say that it's been violated, I'm allowed to show her honor, she is violating as well. I'm not asking for relief, I'm trying to show my affirmative defense for my case.

[00:30:17]But they're not specific to these dates, your honor, and that's my issue.

[00:30:21]It does not matter. I'm showing the same kind of conduct that she's providing.

[00:30:26]The her honor is allowed to consider this is a temporary that they're trying to enforce saying it's unambiguous and that she's doing the exact same thing.

[00:30:35]The court >> Overruled.

[00:30:37]The court will overrule the objection and give it is appropriate weight.

[00:30:42]Ma'am, I just want to briefly go through this exhibit R4. You see here on March 3rd, Mr. Gonzalez asking to talk to your daughter with no response from you.

[00:30:55]Yeah, I see Yes, I see it.

[00:30:58]On March 9th, I have her iPad. I want to drop it off.

[00:31:03]Hello. Two outgoing calls. You see how she's he's asking for time to speak with your daughter on March 9th and you don't respond.

[00:31:13]I see that, yes. On March 10th, do you see how he asked and you don't respond?

[00:31:21]Yes. You just told her honor through your time that you tried to uh call and he doesn't do it.

[00:31:29]And that you do give him his calls, but you were not being honest, correct?

[00:31:34]Um >> Yes or no?

[00:31:37]That was earlier this year.

[00:31:40]>> And since then, I've been letting him have his telephone calls. Okay. So, you you're claiming you violated earlier, but not anymore. Is that what you're stating?

[00:31:50]Pretty much. Okay. April 8th, 2025. Two missed calls, nothing from you, correct?

[00:31:57]Correct.

[00:32:01]May 10th, two missed calls, no response from you, correct? Correct.

[00:32:10]April 13th, missed call, no response from you, correct?

[00:32:16]Correct.

[00:32:19]June 29th, missed call, can I talk to Sophia, no response from you, correct?

[00:32:28]Correct.

[00:32:30]August 8th, getting into later in the year. Can I talk to Sophia, outgo outgoing call, no from you, correct?

[00:32:40]Correct?

[00:32:44]On the messages, yes.

[00:32:46]On the app messages, yes. How about August 7th? Same thing. Missed calls.

[00:32:51]Hello, I want to talk to Sophia. No response from you, correct?

[00:32:54]Correct.

[00:32:57]September 2025.

[00:33:00]Hello, I want to speak to Sophia. A missed call from earlier. No response from you, correct?

[00:33:06]Correct.

[00:33:08]November 28th.

[00:33:10]Three times he calls between 5:00 and 8:00.

[00:33:14]No response from you, correct?

[00:33:17]Correct. I would do want to add at this time Sophia had her phone.

[00:33:21]So.

[00:33:23]So, if Sophia has her phone, that's a way to communicate with her, correct? Correct. That would be you making her available, correct?

[00:33:32]Yes. So, same thing goes for the child and well of dad. Sophia had her phone that you got her. She was made available, correct?

[00:33:41]No.

[00:33:41]Okay.

[00:33:43]All righty.

[00:33:44]December 14th.

[00:33:46]Same thing. Father trying to call. Is Sophia busy? Where's Sophia? No response from you, correct?

[00:33:53]Correct. Do you recall December 18th or December 18th, 2025, you keeping the child from him during his Thursday possession?

[00:34:01]No.

[00:34:03]Do you don't recall taking your child to your graduation in college station that time period? Objection, relevance.

[00:34:09]Again, I'm showing unclean hands, Judge.

[00:34:11]They're asking for 9 hours of makeup possession where in this mom has violated my client's time and is somehow asking for makeup time when she's specifically kept the child away from him on his right of possession.

[00:34:25]No.

[00:34:27]Um hold on 1 second, ma'am. I'm reading your question back counsel. Mhm.

[00:34:38]Sustain as to relevance and counsel you ran out of time.

[00:34:44]Attorney Hines, you have 2 minutes and 13 seconds left.

[00:34:48]Thank you, Your Honor. Ms. Nena, very briefly, when we read this order on temporary orders, what did you understand sub subsection A to mean about telephone access?

[00:34:59]Um that we both have to help So cuz make Sophia available on each of our times for a 20-minute call.

[00:35:07]Judge May May I screen share again, Your Honor?

[00:35:10]Sure. Um Mr. Cantu, I'm getting ready to stop your screen.

[00:35:16]Okay, there you go.

[00:35:16]>> Oh, sorry, Judge.

[00:35:18]Okay.

[00:35:19]Just just very briefly. I'll reshare.

[00:35:26]Okay. Ms. Nena, right here in subpart A, can you see what I'm saying? Okay.

[00:35:31]Subpart A, the parent who's with the child shall make the child available by telephone.

[00:35:35]What did you mean by What did you understand that to mean?

[00:35:39]By telephone, basically either a a a telephone call or a video call. Okay.

[00:35:46]Did you think that meant text message?

[00:35:49]Mm no.

[00:35:51]Okay.

[00:35:52]Um and then did dad attempt phone calls daily when he was when Sophia was with you?

[00:35:58]Uh yes. Did you understand these calls were to be daily?

[00:36:03]To be what, sorry? To be daily.

[00:36:05]Daily, yes. And did father understand that as well?

[00:36:09]Yes.

[00:36:09]>> Objection, that's speculation. Sustain.

[00:36:13]Was Was Mr. Gonzales attempting to call you every day when Sophia was in your possession? Objection, that's a leading.

[00:36:19]Yes.

[00:36:20]>> Sustain only.

[00:36:23]Ms. Nena, how often did father call you when Sophia was with you for a phone call? Every day.

[00:36:29]Okay.

[00:36:30]Uh pass this witness your honor and may call my cell phone, please?

[00:36:34]Okay. Go ahead. You have 39 seconds.

[00:36:37]Thank you, Judge. We previously tendered mother's 25 and 26. My name is Cassie Hines. I'm an attorney licensed in the state of Texas and the state of Oklahoma. I've been licensed for 5 years. The fees in this case are reasonable and necessary.

[00:36:50]Um the evidence has shown there have been 29 separate violations of father not returning or making child available for telephonic calls. This The order is specific. It says by telephone.

[00:37:01]Judge, we filed this enforcement. We began work in January. These violations went back all the way to last summer. Um we have tendered my fees. Um as I stated, mother's 25. Mother's 26 is a summary. My CV, the um billable statements beginning January until um this hearing, your honor, have all been tendered. These are reasonable and necessary. I practice primarily in the area of family law. My current rate in this case is $375 per hour. Yeah, so you ran out [clears throat] of time. Thank you, your honor. You're welcome.

[00:37:35]Um so you you raised, obviously. Yes, Judge. Okay. Um Go ahead, Counsel. I I apologize, Judge, and only because this is an enforcement.

[00:37:47]If we're allowed to just have a brief closing, I just would like to point out the things that are what I'm saying about the enforceability, if I may. Thank you.

[00:37:56]>> well, it's not it's not necessary. It's not necessary because um the court is going to have an a challenge enforcing the order because the order itself is ambiguous.

[00:38:12]Um and it is not specific enough for contempt. This order really needs to be clarified for both parties, not just for the mother. It needs to be clarified for dad as well. Um considering that dates are contained in the actual motion, it may not be a bad idea to put actual days of the week that they contact the child um between the certain period, but as it is right now, the court can't enforce it. It's not enforceable as it is written.

[00:38:51]And the court can't modify it or clarify it either any further without actually making changes to the underlying order itself.

[00:39:00]Okay.

[00:39:01]>> so, the motion for enforcement, the the request in the motion for enforcement are denied.

[00:39:11]Thank you, Judge. Thank you all. You're excused. Have a good day. And Ms. Neal, I don't know if I told you, but happy belated Mother's Day. Thank you, Judge.

[00:39:19]You're welcome.

[00:39:21]Thank you, Judge. You're welcome.

[00:39:24]Are we excused, Your Honor? Thank you.

[00:39:25]Yes, you're excused. Yes.

[00:39:27]Yes.

[00:39:28]Okay.