Recently, local and national news outlets reported on family law issues.  First, on August 28, 2008, the Austin American Statesman reported that Child Protective Services must follow more stringent requirements prior to the removal of a child without a court order.  CPS issued a memorandum last week detailing new procedures.  The new procedures result from a 5^th Circuit Court of Appeals ruling and from scrutiny resulting from the removal of over 500 children in FLDS case in El Dorado, Texas.

            Additionally, the Statesman also reported the dismissal of over 100 cases involving the Fundamentalist Mormon sect in El Dorado, Texas.  This includes my case and ends one of the publicized removals of children in the history of the state.  The case also included one of the most bizarre hearings this lawyer ever attended.

            Third, a story appeared in which the Watauga Police Department arrested Fort Worth Telegram reporter Dave Leiber for leaving his 11 year old son at a McDonalds and telling him to walk home after having an argument.  Mr. Leiber returned but the police arrived.  No arrest was made at the time, but the incident turned into an arrest when detectives made the decision to arrest Leiber.  The reporter was charged with two felonies and the story does not say if CPS is involved.  Though all circumstances are not known, what is reported is that the child was left in a suburban area with a low crime rate and made to walk home and Mr. Leiber returned.  My research shows that public opinion is the Watauga Police overreacted and is involved in issues best left to the family.

            Also, on the national news front, People Magazine (yes I’m serious) headlined a story about the marriage of Ellen Degeneres and Portia DeRossi.  This story would not have been possible but for the Ninth Circuit Court of Appeals decision commented earlier on this blog allowing same-sex marriage in California.  My curiosity to this decision leads to the ancillary family law issues presented in opposite sex couples.  For example, same-sex domestic violence issues, same-sex prenuptial agreements, same-sex adoptions with both parties being adoptive parents, and so many other issues found in family law.

            Finally, as a lesson to all for obeying court orders, Judge Thomas Sandsbury of Houston sentenced Bob Duff, father of Hilary Duff, to 10 days in jail for violation of court orders.  Duff allegedly sold assets despite an injunction.  Remember, if you are involved in a family law case in Travis County, Texas, the Court issues an automatic Temporary Restraining Order.  Make sure it’s understood and frequently reviewed to avoid a contempt of court allegation.