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In re Bigham

Court of Appeals Fifth District of Texas at Dallas
May 27, 2014
No. 05-14-00607-CV (Tex. App. May. 27, 2014)

Opinion

No. 05-14-00607-CV

05-27-2014

IN RE SIDNEY BIGHAM, Relator


DENY; and Opinion Filed May 27, 2014.

Original Proceeding from the 301st Judicial District Court

Dallas County, Texas

Trial Court Cause No. 13-11214


MEMORANDUM OPINION


Before Justices Bridges, Lang-Miers, and Myers

Opinion by Justice Lang-Miers

Relator filed this petition for writ of habeas corpus requesting that the Court compel the return of his children from the party to whom the trial court has awarded possession pursuant to temporary orders and a temporary restraining order. The facts and issues are well known to the parties so we need not recount them herein. Relator has filed no record in support of his petition for writ of habeas corpus. To be entitled to a writ of habeas corpus, if the right of possession of a child is governed by court order, relator must show he is entitled to possession under that court order. TEX. FAM. CODE ANN. § 157.372(a) (West 2014). Relator refers in his petition to temporary orders and a temporary restraining order impacting his ability to gain possession of the children, but has not included those orders in the record. The lack of record in this case is not only a procedural defect, TEX. R. APP. P. 52.3(k), 52.7; In re Le, 335 S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (Parties seeking extraordinary relief must follow the applicable procedural rules including obligation to provide the reviewing court with a complete and adequate record.); it is also fatal to his claim. TEX. FAM. CODE ANN. § 157.372(a) In re Kubankin, 257 S.W.3d 852, 858 (Tex. App.—Waco 2008, orig. proceeding). Accordingly, we DENY the petition for writ of habeas corpus.

__________


JUSTICE
140607F.P05


Summaries of

In re Bigham

Court of Appeals Fifth District of Texas at Dallas
May 27, 2014
No. 05-14-00607-CV (Tex. App. May. 27, 2014)
Case details for

In re Bigham

Case Details

Full title:IN RE SIDNEY BIGHAM, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 27, 2014

Citations

No. 05-14-00607-CV (Tex. App. May. 27, 2014)