In Re Mccoy

52 S.W.3d 297 (Tex.App. 2001)

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Nature of the Case

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Facts

H and W are former spouses who have two minor children. They are United States citizens who lived most of their married life in Texas. In 1996, they moved to Qatar. They lived there together until October 1999, when W took the children and moved to Arkansas where her parents were living. W filed suit in an Arkansas court seeking divorce, maintenance and child support. H traveled to Arkansas shortly after the suit was filed, and was personally served with citation in that suit while there. H has continually disputed its jurisdiction. The Arkansas court has issued temporary orders concerning the children and has affirmatively asserted its personal and subject matter jurisdiction over the suit. H filed suit in Qatar. The Qatari court entered a decree that granted the parties a divorce but deferred ruling on the child custody matters on grounds that Texas was a more appropriate forum for that. H filed suit in Texas seeking custody of the children, division of marital property and judicial recognition of the Qatar divorce decree. W moved the Texas court for a legislative continuance. The court denied her request, holding that H and the children would suffer irreparable harm if it were granted. W moved the court to dismiss on the basis that it lacked jurisdiction. That motion was denied, and H was granted an order with the right to immediate possession of the children. H had not taken the children but obtained temporary visitation rights through the Arkansas court. The Hidalgo County proceeding was set to go to trial but was prevented from going forward by this Court's stay order. W then requested the Court to issue a writ of mandamus compelling either the (1) dismissal the case for lack of jurisdiction, and/or (2) grant her request for a legislative continuance.