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Photo of Fort Bend County

Court

Fort Bend County

Texas

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Case Information

Filed 2024-07-10
Status Disposed
Type All Other Family Law Matters
Docket 60 entries

Parties

Plaintiff Brooks, Brandon
Defendant Gwyn, Demetrice Gwyn, Demetrice Inez
Photo of Hon. Heppard Janet B

Judge

Hon. Heppard Janet B

Fort Bend County (TX)

Texas

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Docket Entries

  1. Bill of Cost - Other Bill of Costs from First Court of Appeals
  2. Judge Docket Entry Review of File; Petitioner states certified copy of order attached as Exhibit A, but no order is attached; No action taken at this time - RB
  3. Amended Filing Index # 3 Amended Petition for Writ of Habeas Corpus and Attachment
  4. Order Index # 2 Order for Writ of Habeas Corpus for Child
  5. Judge Docket Entry Order on Writ of Habeas Corpus Signed - RB
  6. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 4 Index #2 Sent to All Parties
  7. Request Index # 5 Request for Process
  8. Issuance Index # 6 Writ of Habeas Corpus Issued to Demetrice Gwyn
  9. Habeas Corpus PCT#1 Gwyn, Demetrice Served 07/25/2024 Returned 07/29/2024
  10. Request Index # 7 Request for Process
  11. Issuance Index # 8 Citation Issued to Demetrice Gwyn
  12. Citation e-Service Gwyn, Demetrice Unserved
  13. Issuance Index # 9 Habeas Corpus Issued to Demetrice Gwyn
  14. Habeas Corpus e-Service Gwyn, Demetrice Served 07/26/2024 Returned 07/29/2024
  15. Officers Return Index # 10 Writ of Habeas return for Demetrice Gwyn. Issued 7/24/2024
  16. Answer/Contest/Response/Waiver Index # 11 Respondnet's Answer to Amended Petition for Writ of Heabeas Coprus And Attachment
  17. Notice Index # 12 Notice of Standing Objection
  18. Notice Index # 13 Judicial Notice of Facts and Law
  19. Officers Return Index # 14 Writ of Habeas Return for Demetrice Gwyn. Issued on 07/23/24.
  20. Answer/Contest/Response/Waiver Index # 15 Amended Respondent's Answer to Amended Petition for Writ of Habeas Corpus And Attachment
  21. Writ of Habeas Corpus Hearing (9:00 AM) (Judicial Officer Heppard, Janet B)
  22. No Fee Documents Index # 16 Petitioner's Exhibit List
  23. Answer/Contest/Response/Waiver Index # 17 Respondent's Judicial Notice of Facts and Law
  24. Judge Docket Entry Writ of HC: Attorney R Aminu appeared in person with movant, B Brooks. Respondent, D Gwyn appeared in person pro se. The court notes there is already an open older case in the 505th court (23-DCV-311312). The orders this case (24-DCV-318070) to be transferred to the 505th Court. JH
  25. Writ of Habeas Corpus Hearing (9:30 AM) (Judicial Officer Morgan, Kali)
  26. No Fee Documents Index # 18 Judicial Notice of Automatic Stay in Appeals for Juvenile and Domestic Relation District Court to Circuit Court in Virginia
  27. Judge Docket Entry Petitioner (B. Brooks) appeared with counsel. Respondent (D. Gwyn) appeared self-represented. Record by Cheryl Pierce. Parties present for hearing on father's Petition for Writ of Habeas Corpus. The court finds that on 7/9/2024, the Winchester, Virginia Juvenile and Domestic Relations Court entered an order that states in part, "THIS COURT, ON ITS OWN MOTION, IS ENTERING A TEMPORARY ORDER GRANTING FATHER, BRANDON BROOKS, SOLE LEGAL AND PHYSICAL CUSTODY OF ELIJAH BROOKS, EFFECTIVE IMMEDIATELY. MOTHER HAS ONCE AGAIN DISREGARDED THIS COURT'S ORDER AND REFUSED TO ALLOW FATHER TO HAVE PARENTING TIME WITH HIS SON. THE TRANSFER OF CUSTODY IS NECESSARY, AT THIS TIME, TO ENSURE FATHER HAS PARENTING TIME WITH ELIJAH. NO PARENTING TIME WITH MOTHER IS ORDERED AT THIS TIME." The court finds that at the time of the hearing, the father, B. Brooks has the superior right of possession and that the child is being illegally restrained in Fort Bend County by the mother, D, Gwyn. Mother asserted that the 7/9/24 custody order from Virginia is void. The court then conferred with the Virginia Court and confirmed that the 7/9/24 Order remains in full force and effect. Father has not relinquished possession of the child nor was any evidence presented that there is a serious, immediate question concerning the child's welfare. The court in Virginia is the CEJ and the parties are in the middle of several custody/visitation related disputes. The Petition for Writ of Habeas Corpus is granted. The parties are set to appear before the Virginia Court on 8/2/2024 for further proceedings. Pursuant to the 7/9/24 Order, "VIRGINIA CONTINUES TO EXERCISE EXCLUSIVE, CONTINUING JURISDICTION OVER THE CUSTODY AND VISITATION MATTERS RELATED TO the child." -klm
  28. Final Judgment After Non-Jury Trial Index # 22 Per Judge's Docket Entry made on 07/31/2024
  29. Affidavit/Statement of Inability to Afford Costs Index # 19 Statement of Inability to Afford Payment of Court Costs or an Appela Bond
  30. Notice of Appeal Index # 20 Notice of Appeal to Amended Petition for Writ of Habeas Corpus and Attachment
  31. Notice Index # 21 Notice of Assignment to First Court of Appeals
  32. Letters Confirmation Notice of Assignment to First Court of Appeals
  33. Letters Notice of Assignment Sent to Attorney, Pro Se, Court Reporter
  34. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 23
  35. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 24
  36. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 25
  37. Letters General Information from First Court of Appeals
  38. Motion (No Fee) Index # 26 Emergency Expedited Motion to Stay the Lower Court Order
  39. Clerks Record Complete Index of One Volume of Clerk's Record
  40. Bill of Cost - Other Bill of Cost for One Volume of Clerk's Record
  41. Letters Confirmation of Clerk's Record Sent to First Court of Appeals
  42. Letters Copy of Index of Clerk's Record Mailed to Pro Se and Attorney
  43. Letters Letter from First Court of Appeals (Clerk's Record Filed)
  44. Letters Regarding the Filling of the Certified Clerk's Record
  45. Letters Letter from First Court of Appeals
  46. Order Index # 27 Order from First Court of Appeals
  47. Letters Letter from First Court of Appeals (Amended Notice)
  48. Notice Index # 28 Notice from First Court of Appeals (to File Special Clerk's Record)
  49. Clerks Record Complete Index of First Supplemental Clerk's Record
  50. Bill of Cost - Other Bill of Costs for First Supplemental Clerk's Record
  51. Letters Confirmation of First Supplemental Clerk's Record sent to First Court of Appeals
  52. Letters Index of First Supplemental Clerk's Record Mailed to Pro Se and Attorney
  53. Letters Letter from First Court of Appeals (Supplemental Clerk's Record Filed)
  54. Letters Letter from First Court of Appeals
  55. Order Index # 29 Notice of Intent to Dismiss for Lack of Jurisdiction from First Court of Appeals
  56. Letters Letter from First Court of Appeals
  57. Opinion Index # 30 Memorandum Opinion from First Court of Appeals (Dismissed)
  58. No Fee Documents Index # 31 Judgment from First Court of Appeals (Dismissed)
  59. Letters Letter from First Court of Appeals
  60. Mandate Index # 32 Mandate from First Court of Appeals (Dismisses Appeal)

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