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Photo of Fort Bend County

Court

Fort Bend County

Texas

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Case Information

Filed 2024-08-30
Status Disposed
Type All Other Family Law Matters
Docket 24 entries

Parties

Plaintiff Malin, Ashley|Mc Nallen, Phillip
Defendant Al Amin, Taniya|The Department Of Family And Protective Services
Photo of Hon. Morgan Kali

Judge

Hon. Morgan Kali

Fort Bend County (TX)

Texas

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Docket Entries

  1. Order Index # 22 Order on Motion to Consolidate (24-DCV-320400 Consolidate into 24-DCV-318319)
  2. Motion (No Fee) Index # 2 Emergency Motion for Expedited Hearing on Petition for Writ of Habeas Corpus and Memorandum in Support
  3. Notice Index # 3 Notice of Hearing
  4. Answer/Contest/Response/Waiver Index # 4 Department of Family and Protective Services' Response to Petition for Writ of Habeas Corpus
  5. Answer/Contest/Response/Waiver Index # 5 Petitioner's Response in Opposition to Respondent's Motion to Consolidate
  6. Proposed Order Index # 6 Order Granting Writ of Habeas Corpus
  7. Motion (No Fee) Index # 7 Motion to Supplement
  8. Amended Filing Index # 8 Reporter's Record Adversary Hearing
  9. Motion (No Fee) Index # 9 Motion for Continuance
  10. Motion (No Fee) Index # 10 Motion to Consolidate
  11. Writ of Habeas Corpus Hearing (9:00 AM) (Judicial Officer Morgan, Kali)
  12. Judge Docket Entry Petitioners appeared self-represented. DFPS appeared by counsel. Record by Melinda Bowers. Hearing on Petition for Writ of Habeas Corpus. The court finds that DFPS currently has the superior right of possession of the child by virtue of a court order signed on 8/26/2024 in Case No. 24-DCV-318319 (DFPS was appointed Temporary Managing Conservator). Petitioners have filed an appeal to the 14th COA re: above-referenced order. That appeal is pending. A habeas corpus proceedings cannot be used to relitigate a possession order. The court finds that Relators/Petitioners do not have the superior right of possession. Relief denied. This matter is referred back to the CPS cluster court for further proceedings. -klm
  13. Motion (No Fee) Index # 11 Motion for Immediate Return of Child and Modification of Services
  14. Motion (No Fee) Index # 12 Motion for Reconsideration on Petition of Habeas Corpus
  15. Proposed Order Index # 13 Order Granting Writ of Habeas Corpus
  16. Judge Docket Entry Order Denying Petition for Writ of Habeas Corpus signed -klm
  17. Final Judgment After Non-Jury Trial Index # 15 Order Denying Petition for Writ of Habeas Corpus
  18. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 16
  19. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 17
  20. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 18
  21. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 19
  22. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 20
  23. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 21
  24. Entry (9:00 AM) (Judicial Officer Clayton, LaTosha McGill)

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