Legal Opinion

Ex Parte Brister

Texas Supreme Court

Decided December 19, 1990No. C-9567PublishedCited by 37 opinions

1Opinion of the Court

OPINION

RAY, Justice.

In this original habeas corpus proceeding, the trial court held relator, the mother and managing conservator of a minor child, in contempt for her failure to deliver possession of the child to the father for a “period of possession” unilaterally designated by the father under the parties’ divorce decree. We hold the provisions of the divorce decree relator was found to have violated are not sufficiently clear and unambiguous to be enforced by contempt. We therefore hold the judgment of contempt is unenforceable and order relator discharged.

Deborah Brister and David Eugene…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Basaldua v. StateCourt of Criminal Appeals of Texas · 1977
  2. Ex Parte GordonTexas Supreme Court · 1979
  3. Ex Parte WilliamsTexas Supreme Court · 1985
  4. Ex Parte GorenaTexas Supreme Court · 1979
  5. Ex Parte ReeseTexas Supreme Court · 1986

3Cited by37 opinions

  1. Ojeda v. Reed, Texas Court of Appeals, 4th District (San Antonio)1995
  2. In Re CoppockTexas Supreme Court · 2009
  3. In Re Houston, Texas Court of Appeals, 14th District (Houston)2002
  4. In Re Kuster, Texas Court of Appeals, 7th District (Amarillo)2012
  5. In Re Ragland, Texas Court of Appeals, 12th District (Tyler)1998

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