Venue Case

By Michael P. Granata November 15, 2024 Posted in Divorce Tagged in Divorce

Interesting case about how the mandatory transfer provision applies when you violate the terms of a residency restriction. Short version: it doesn't. Google Update
 
 
IN RE CHRISTON
 

Background: Following entry of final decree of divorce, former husband moved to modify decree and sought enforcement of residential geographical restriction imposed upon former wife. Former wife moved to transfer venue. The 472nd District Court, Brazos County, George J. Wise, J., denied former wife's motion to transfer venue. Former wife sought mandamus relief.

The Court of Appeals held that:

1. transfer of venue to county not listed in divorce decree's list of counties in which child's primary residence could be established was not permitted, and

2. former wife's conduct constituted waiver of right to give notice of transfer of jurisdiction.

Writ denied

CJ Gray, filed dissenting opinion.