Texas = Judiciary Online

Relator,=20 Kristin Parks, requests habeas corpus relief, asserting in three = issues=20 that she is illegally restrained. We requested a response from = Lawrence=20 James Clark, the real party in interest, but none was filed. Upon initial review of=20 Parks=3Ds=20 petition, we concluded that Parks demonstrated probable grounds = for relief=20 and released her from confinement on bail during the pendency of = this=20 original proceeding. = We grant=20 the requested relief.

Factual=20 Background

In=20 December 1997, Parks and Clark were divorced. In the divorce decree = they agreed=20 to become joint managing conservators of their only child, a=20 daughter. In March = 2007,=20 Clark filed a motion for enforcement of the decree by contempt and = alleged, among other things, that on twelve separate occasions = Parks had=20 denied his rightful access to the child. In May 2007, after = hearing=20 testimony from both Parks and Clark, the trial court found Parks = had=20 violated the decree on at least five separate occasions by failing = to=20 allow Clark or his adult designee (Clark=3Ds present=20 wife) to have custody of their daughter for his scheduled period = of=20 possession. The = court held=20 Parks in contempt of the decree and, as punishment, immediately = sentenced=20 her to 180 days incarceration for each of the five violations, to = run=20 concurrently.^{^[1]} Important to = Parks=3Ds habeas=20 request, the trial court further ordered that Clark have = possession of his=20 daughter Auntil=20 further order of this court.@

Standard of Review=20

A habeas=20 corpus petition is a collateral attack on a judgment, the purpose = of which=20 is not to determine the final guilt or innocence of the relator = but to=20 ascertain whether the relator has been confined unlawfully. = Ex parte Gordon, 584 = S.W.2d=20 686, 688 (Tex. 1979). The presumption is that = the order=20 is valid. In re=20 Turner, 177 S.W.3d 284, 288 (Tex.App.CHouston=20 [1st Dist.] 2005, orig. proceeding) (citing Ex parte = Occhipenti,=20 796 S.W.2d 805, 809 (Tex.App.BHouston=20 [1st Dist.] 1990, orig. proceeding)). We issue a writ of = habeas corpus=20 if a trial court=3Ds contempt=20 order is beyond the court=3Ds power or=20 the court did not afford the relator due process of law. Turner, 177 = S.W.3d at 288=20 (citing In re Henry, 154 S.W.3d 594, 596 (Tex. 2005)). The relator bears the = burden of=20 showing that she is entitled to relief. Turner, 177 S.W.3d = at 288=20 (citing Occhipenti, 796 S.W.2d at 808-09).=20

I.=20 Insufficient Notice of Modification of the Custody Arrangement=20