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IN RE MONK

Court of Appeals of Texas, Fourteenth District, Houston
May 4, 2004
No. 14-04-00241-CV (Tex. App. May. 4, 2004)

Opinion

No. 14-04-00241-CV.

Memorandum Opinion filed May 4, 2004.

Original Proceeding Writ of Mandamus.

Petition for Writ of Mandamus Denied.

Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.


MEMORANDUM OPINION


On March 18, 2004, relator filed a petition for writ of mandamus in this Court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon Supp. 2004); see also TEX. R. APP. P. 52. In his petition, relator seeks to have this Court compel the Honorable Annette Galik to vacate her order signed November 21, 2003, declining jurisdiction over relator's motions to enforce and to modify terms of conservatorship over his minor child. After an evidentiary hearing, the trial court determined that Iowa was a more appropriate form to consider relator's motions. See TEX. FAM. CODE ANN. § 152.207 (Vernon 2002) (permitting court to decline jurisdiction in child custody case when Texas is an inconvenient forum).

Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or the violation of a legal duty when there is no adequate remedy at law. In re Masonite Corp., 997 S.W.2d 184, 197 (Tex. 1999) (orig. proceeding). Specifically, in family law cases, a trial court's refusal to exercise jurisdiction over a suit affecting the parent-child relationship will not be disturbed absent a clear abuse of discretion. Coots v. Leonard, 959 S.W.2d 299, 301 (Tex. App.-El Paso 1997, no pet.).

Relator has not established that the trial court abused its discretion in declining jurisdiction. Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

IN RE MONK

Court of Appeals of Texas, Fourteenth District, Houston
May 4, 2004
No. 14-04-00241-CV (Tex. App. May. 4, 2004)
Case details for

IN RE MONK

Case Details

Full title:IN RE JOSEPH DANIEL MONK, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: May 4, 2004

Citations

No. 14-04-00241-CV (Tex. App. May. 4, 2004)