Texas Family Code Chapter 109| Appeals


     

Texas Family Code

Chapter 109

Appeals: Another Exercise in “Programmatic” Futility

Texas Family Code 109, Appeals, statute/code, but not necessarily US Constitutionally compliant law, Chapter 109, is another problematic “programmatic” issue that plagues the “‘state of Texas'” and its families because those of us who have been coerced and forced (initiation) through legal abuse, or otherwise, into the family court fraud /CPS/adoption/foster care scheme–The Texas Family Code (the bible of these racial hygiene and ethnic cleansing courts for Eugenics and imported Nazi and masonic racists and misogynistic criminal psychopaths in charge, and the “responsible” fathers and stepmothers that support them along with the “no fault divorce” family managing State Bar of Texas (“SBOT”))–do not “under stand” that indigent parents are rarely afforded the right and are routinely blocked from all hope of appeal of clearly legal (but unlawful) official custom, policy, and ratification.  

     We also do not under stand that one cannot appeal without an attorney, list of appellate points, and without findings of fact or conclusions of law, and certainly without any record or transcript of proceedings which are also routinely denied (and were to author of this blog, Julian’s Real Mommy, by the perniciously retaliatory, malicious 310th court and sundry personnel, Judge Lisa Millard, associate Judge Conrad Moren, CPS-appointed guardian ad litem, Donna Everson, and official court “recorder,” Benjamin A. Alva).

     This reads as yet another extortion method in the proverbial toolbox of the “CPS Cluster Courts” of East Texas and adoption and foster care R.I.C.O. court con industry.  

That includes you, bribed Judge Lisa A. Millard and associate Judge Conrad Moren of the 310th court in Houston, Texas (Harris County), but only after Cheryl Harvick, Brazoria County CPS supervisor in Pearland first permanently terminated my “possessory conservatorship” rights on May 08, 2012 before I was compelled and conned into your courtroom.  May others be saved by reading your tactics, and also from your judicial prostitution ring which expands the meaning of child/human trafficking from Florida, Georgia, and Texas (quoting Greg Todd, investigator). 

TEXAS FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 109. APPEALS

Sec. 109.001.  TEMPORARY ORDERS DURING PENDENCY OF APPEAL.  (a)  Not later than the 30th day after the date an appeal is perfected, on the motion of any party or on the court’s own motion and after notice and hearing, the court may make any order necessary to preserve and protect the safety and welfare of the child during the pendency of the appeal as the court may deem necessary and equitable.  In addition to other matters, an order may:

(1)  appoint temporary conservators for the child and provide for possession of the child;

(2)  require the temporary support of the child by a party;

(3)  restrain a party from molesting or disturbing the peace of the child or another party;

(4)  prohibit a person from removing the child beyond a geographical area identified by the court;

(5)  require payment of reasonable attorney’s fees and expenses;  or

(6)  suspend the operation of the order or judgment that is being appealed.

(b)  A court retains jurisdiction to enforce its orders rendered under this section unless the appellate court, on a proper showing, supersedes the court’s order.

(c)  A temporary order rendered under this section is not subject to interlocutory appeal.

(d)  The court may not suspend under Subsection (a)(6) the operation of an order or judgment terminating the parent-child relationship in a suit brought by the state or a political subdivision of the state permitted by law to bring the suit.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 539, Sec. 1, eff. Sept. 1, 2001.

Sec. 109.002.  APPEAL. 

(a)  An appeal from a final order rendered in a suit, when allowed under this section or under other provisions of law, shall be as in civil cases generally under the Texas Rules of Appellate Procedure. 

An appeal in a suit in which termination of the parent-child relationship is in issue shall be given precedence over other civil cases and shall be accelerated by the appellate courts.

  The procedures for an accelerated appeal under the Texas Rules of Appellate Procedure apply to an appeal in which the termination of the parent-child relationship is in issue.

(b)  An appeal may be taken by any party to a suit from a final order rendered under this title.

(c)  An appeal from a final order, with or without a supersedeas bond, does not suspend the order unless suspension is ordered by the court rendering the order. 

 The appellate court, on a proper showing, may permit the order to be suspended, unless the order provides for the termination of the parent-child relationship in a suit brought by the state or a political subdivision of the state permitted by law to bring the suit.

(d)  On the motion of the parties or on the court’s own motion, the appellate court in its opinion may identify the parties by fictitious names or by their initials only.

 

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.17, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 539, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 3, eff. September 1, 2011.

 

 Sec. 109.003.  PAYMENT FOR STATEMENT OF FACTS. 

 

(a)  If the party requesting a statement of facts in an appeal of a suit has filed an affidavit stating the party’s inability to pay costs as provided by Rule 20, Texas Rules of Appellate Procedure, and the affidavit is approved by the trial court, the trial court may order the county in which the trial was held to pay the costs of preparing the statement of facts.

 

(b)  Nothing in this section shall be construed to permit an official court reporter to be paid more than once for the preparation of the statement of facts.

 

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 472, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 5.0025, eff. Sept. 1, 2001.

 

Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):

Author of this blog, Dedicated to the Real Mommies and Daddies of the Real America, and our Children Who Want to Come Home, and Especially to My Little Julian, is not a lawyer, attorney, or legal practitioner, therefore, no information contained herein this post and/or blog could be (mis)construed as “legal advice.”  Anyone who exercises he/r rights, and private property sometimes called “child” for deceptive, possibly malicious or retaliatory, and profiteering/privateering and in the “best interests” . . . of the “state” Texas General and other Funds at one’s own peril, risk, and/ or self-fulfillment.  The choice is yours.

  • CENSORSHIP WILL BE PROSECUTED AS IT IS A FEDERAL OFFENSE IN THE THIS REPUBLIC USA, THE LAWS TO WHICH YOU WILL BE HELD ONE WAY OR ANOTHER!
  • (1)  This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.
  • (2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the uS Constitution and  Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, uS Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.
  • (3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.
  • (4)  If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement/demand, then contact Author of this blog immediately as fair notice and due diligence requires so that Author shall act lawfully and reasonably with expedience pursuant to any supplemental knowledge.

 

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