Ex Parte Mouille

PEDEN, Justice.

Kenneth Ray Mouille was committed to custody until he should cause his infant daughter to be delivered to the Family Court Services of Harris County. A temporary order signed on July 7, 1978, the same date as the order of commitment, had directed that the child “remain in the custody” of the relator’s wife. We agree with the relator’s contention that he was not afforded due process prior to commitment, and we order him discharged from custody.

On June 20,1978, the relator filed suit for divorce in the 246th District Court, and the next day that court issued a temporary…