Preview
NO. 360-459062-09
IN THE INTEREST OF § IN THE DISTRICT COURT
§
AUDIE NOVOTNEY AND MADILYN § 360m JUDICIAL DISTRICT
NOVOTNEY, §
§
CHILDREN § TARRANT COUNTY, TEXAS
AGREED ORDER APPOINTING PARENTING FACILITATOR
The Court finds that this case is a high-conflict case. The Court further finds that the
individual appointed as the parenting coordinator has the minimum qualifications required under law
for a parenting facilitator. IT IS THEREFORE ORDERED that ROCKY DEUTSCHER. LBSW is
appointed as parenting facilitator. All counsel are ordered to fax a copy of this order and the fully
completed information sheet to Rocky Deutscher, LBSW, 2533 Walsh Court, Fort Worth, Texas
76109, 817-991-7171, 817-332-2316 (facsimile), within three (3) business days of the signing of this
order to schedule the first appointment with the parenting facilitator.
The first parenting facilitation session shall be scheduled within thirty (30) days ofthe date of
the signing of this order. If no agreed-upon date for the first parenting facilitation session can be
scheduled within thirty (30) days, the parenting facilitator shall select a date within thirty (30) days,
and all parties shall appear as directed by the parenting facilitator. The duration of, frequency of, and
parties in attendance at each parenting facilitation session shall be left to the discretion of the
parenting facilitator, who is specifically authorized to notify the Court if any party is failing to
comply with the spirit and letter of this order or further order of the Court. The parenting facilitator
has the authority to direct the parties and to report to the Court.
Agreed Order Appointing Parenting Facilitator Page 1 of 4
In the Interest of Audie Novotney & Madilyn Novotney, Childgal_
vourts
Transaction
Minute~
# 3 +
Parenting facilitation is for the purpose of assisting the parties in resolving parenting issues.
The parenting facilitator's duties are to meet with the parties and consult with them to find methods
to ensure that the best interests of the children are met. The duties of the parenting facilitator include
but are not limited to matters that will aid the parties in identifying disputed issues, reducing
misunderstandings, clarifying priorities, exploring possibilities for problem solving, developing
methods of collaboration in parenting, understanding parenting plans and reaching agreements about
parenting issues to be included in a parenting plan, complying with the Court's order regarding
conservatorship or possession of and access to the children, implementing parenting plans, obtaining
training regarding problem solving, conflict management, and parenting skills, and settling disputes
regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding
those disputes.
The appointment of a parenting facilitator does not divest the Court of its exclusive
jurisdiction to determine issues of conservatorship, support, and possession of and access to the
children or the authority to exercise management and control of the suit. Accordingly, the parenting
facilitator may not modify any order,judgment, or decree. If agreements are made that require legal
processing, representing attorneys or pro se parties will process the agreements through appropriate
legal procedures.
IT IS ORDERED that the fees of the parenting facilitator shall be allocated between the
parties. DESTINY NOV01NEY's fees shall be limited to $100.00 per month until further Order of
this Court. The parenting facilitator may request the fee limit be lifted at her discretion. Each party
is responsible for that party's defined portion of cost. DAVID NOVOlNEY shall be responsible for
Agreed Order Appointing Parenting Facilitator Page2 of4
In the Interest of Audie Novotney & Madilyn Novotney, Children
DESTINYNOVOlNEY's costs exceeding $100.00 per month until further Order of the Court. Each
party is ordered to pay directly to the parenting facilitator the assigned fees according to the policies
of the parenting facilitator.
IT IS ORDERED that the parenting facilitator shall submit a written report to the Court and
to the parties and their attorneys every thirty (30) or as requested by the parties or the Court.
Referral to parenting facilitation is not a substitute for trial, and the case may be tried if not
settled or agreed to continue in parenting facilitation or other intervention service. The Court shall
remove the parenting facilitator on the request and agreement of all parties, on the request of the
parenting facilitator, on the motion of a party if good cause is shown or if the parenting facilitator
ceases to satisfy the minimum qualifications required. The parenting facilitator may recommend
termination of the service when making a status report.
SIGNED on --~H¥-~ft-"Kowt~~E:..~I aTJ~. .~. .l. : :;. O_ _
)f-l.
JUDGE PRESIDING
Agreed Order Appointing Parenting Facilitator Page 3 of4
In the Interest of Audie Novotney & Madilyn Novotney, Children
•
I
AGREED:
Bailey & Galyen
1900 Airport Freeway
Bedford, Texas 76022
Tel: (817) 868-5500
Fax: (817) 868-1290
By:._______________________________
R. Keith Spencer
State Bar No. 18925300
Attorney for DAVID NOVOTNEY
Jennifer Calhoun
6440 North Central Expressway, Suite 400
Dallas, Texas 75206
Tel: (214) 365-0656
Fax: (214) 234-7501
By:._______________________________
Jennifer Calhoun
State Bar No. _______
Attorney for DESTINY NOVOTNEY
Agreed Order Appointing Parenting Facilitator Page4 of4
In the Interest of Audie Novotney & Madilyn Novotney, Children
Bailey &
Galyen
August 27, 2010
Ms. Christie Loveless
360th Judicial District Court
200 E. Weatherford Street
ATTORNEYS AT LAW Fort Worth, Texas 76196
1900 Airport Freeway
Bedford, Texas 76022 Re: Cause No. 360-459062-09; In the Interest of Audie Novotney and Madilyn
(817) 359-7002 Novotney, Children
FAX (817) 868-1290
- ·TheTexaaAUomey.c:om
ktumer@galyen.com Dear Christie:
ATTORNEYS Enclosed please find the original and three (3) copies of the proposed Agreed
~Galyen
Order Appointing Parenting Facilitator. I believe this Order accurately reflects the
J.C. Bailey Ill agreement reached between counsel and Judge Sinha in chambers on Thursday, August
- R. Keith Spencer
Robert A. Schwartz 26, 2010. Please present to the Judge 5 days from the date of this letter if you do not
- John w. Robinlon have written objections to this Order from opposing attorney.
- Martin Miller
Chuck Rowland
Thomas F. Jones Ill For your convenience, I have enclosed a self-addressed, stamped envelope for you
• Scott G. Robe1en
Deborah c. Coleman to return the conformed copies to me.
Martha N. Akers
S1epMnle BaeniiCh
Michael R. Cramer If you have any questions, please do not hesitate to contact our office.
Michael J. Spychalski
-Terry J. a.low
John R. Fabry
Julie L Joh11101'1
John F. C8shman
Albert Rodriguez
Jennifer L Scherf
William A. Fortellh
.J.-Kince
Mysti L Dennis
Derrick SaullberTy
Stave Sanderfer
Douglasw. Wright
Diana s. Weitzel
Pamela L. Wilder
Laurie Guerra :kmt
Jole Barbelto Enclosure(s)
OF COUNSEL
David Jordan cc: Jennifer Calhoun (w/encl.) VIA FACSIMILE 214-234-7501
Paul Crouch
Michael Lore
Rocky Deutscher (w/encl.) VIA FACSIMILE 817-332-2316
* BOARD CERTIFIED
PERSONAL INJURY TRIAL
LAW
- BOARD CERTIFIED
CRIMINAL TRIAL LAW
- BOARD CERTIFIED
FAMILY LAW
., ~
(.,
~-
..
..../
LAW OFFICES OF PHILLIP GALYEN, P.C.
OFFICES: ARLINGTON • BEDFORD • DALLAS • FT. WORTH • IRVING • GRAND PRAIRIE • HOUSTON
WEATHERFORD • HARLINGEN • BROWNSVILLE • McALLEN • FLORIDA • MISSOURI
Preview
NO. 360-459062-09 IN THE INTEREST OF § IN THE DISTRICT COURT § AUDIE NOVOTNEY AND MADILYN § 360m JUDICIAL DISTRICT NOVOTNEY, § § CHILDREN § TARRANT COUNTY, TEXAS AGREED ORDER APPOINTING PARENTING FACILITATOR The Court finds that this case is a high-conflict case. The Court further finds that the individual appointed as the parenting coordinator has the minimum qualifications required under law for a parenting facilitator. IT IS THEREFORE ORDERED that ROCKY DEUTSCHER. LBSW is appointed as parenting facilitator. All counsel are ordered to fax a copy of this order and the fully completed information sheet to Rocky Deutscher, LBSW, 2533 Walsh Court, Fort Worth, Texas 76109, 817-991-7171, 817-332-2316 (facsimile), within three (3) business days of the signing of this order to schedule the first appointment with the parenting facilitator. The first parenting facilitation session shall be scheduled within thirty (30) days ofthe date of the signing of this order. If no agreed-upon date for the first parenting facilitation session can be scheduled within thirty (30) days, the parenting facilitator shall select a date within thirty (30) days, and all parties shall appear as directed by the parenting facilitator. The duration of, frequency of, and parties in attendance at each parenting facilitation session shall be left to the discretion of the parenting facilitator, who is specifically authorized to notify the Court if any party is failing to comply with the spirit and letter of this order or further order of the Court. The parenting facilitator has the authority to direct the parties and to report to the Court. Agreed Order Appointing Parenting Facilitator Page 1 of 4 In the Interest of Audie Novotney & Madilyn Novotney, Childgal_ vourts Transaction Minute~ # 3 + Parenting facilitation is for the purpose of assisting the parties in resolving parenting issues. The parenting facilitator's duties are to meet with the parties and consult with them to find methods to ensure that the best interests of the children are met. The duties of the parenting facilitator include but are not limited to matters that will aid the parties in identifying disputed issues, reducing misunderstandings, clarifying priorities, exploring possibilities for problem solving, developing methods of collaboration in parenting, understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan, complying with the Court's order regarding conservatorship or possession of and access to the children, implementing parenting plans, obtaining training regarding problem solving, conflict management, and parenting skills, and settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. The appointment of a parenting facilitator does not divest the Court of its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the children or the authority to exercise management and control of the suit. Accordingly, the parenting facilitator may not modify any order,judgment, or decree. If agreements are made that require legal processing, representing attorneys or pro se parties will process the agreements through appropriate legal procedures. IT IS ORDERED that the fees of the parenting facilitator shall be allocated between the parties. DESTINY NOV01NEY's fees shall be limited to $100.00 per month until further Order of this Court. The parenting facilitator may request the fee limit be lifted at her discretion. Each party is responsible for that party's defined portion of cost. DAVID NOVOlNEY shall be responsible for Agreed Order Appointing Parenting Facilitator Page2 of4 In the Interest of Audie Novotney & Madilyn Novotney, Children DESTINYNOVOlNEY's costs exceeding $100.00 per month until further Order of the Court. Each party is ordered to pay directly to the parenting facilitator the assigned fees according to the policies of the parenting facilitator. IT IS ORDERED that the parenting facilitator shall submit a written report to the Court and to the parties and their attorneys every thirty (30) or as requested by the parties or the Court. Referral to parenting facilitation is not a substitute for trial, and the case may be tried if not settled or agreed to continue in parenting facilitation or other intervention service. The Court shall remove the parenting facilitator on the request and agreement of all parties, on the request of the parenting facilitator, on the motion of a party if good cause is shown or if the parenting facilitator ceases to satisfy the minimum qualifications required. The parenting facilitator may recommend termination of the service when making a status report. SIGNED on --~H¥-~ft-"Kowt~~E:..~I aTJ~. .~. .l. : :;. O_ _ )f-l. JUDGE PRESIDING Agreed Order Appointing Parenting Facilitator Page 3 of4 In the Interest of Audie Novotney & Madilyn Novotney, Children • I AGREED: Bailey & Galyen 1900 Airport Freeway Bedford, Texas 76022 Tel: (817) 868-5500 Fax: (817) 868-1290 By:._______________________________ R. Keith Spencer State Bar No. 18925300 Attorney for DAVID NOVOTNEY Jennifer Calhoun 6440 North Central Expressway, Suite 400 Dallas, Texas 75206 Tel: (214) 365-0656 Fax: (214) 234-7501 By:._______________________________ Jennifer Calhoun State Bar No. _______ Attorney for DESTINY NOVOTNEY Agreed Order Appointing Parenting Facilitator Page4 of4 In the Interest of Audie Novotney & Madilyn Novotney, Children Bailey & Galyen August 27, 2010 Ms. Christie Loveless 360th Judicial District Court 200 E. Weatherford Street ATTORNEYS AT LAW Fort Worth, Texas 76196 1900 Airport Freeway Bedford, Texas 76022 Re: Cause No. 360-459062-09; In the Interest of Audie Novotney and Madilyn (817) 359-7002 Novotney, Children FAX (817) 868-1290 - ·TheTexaaAUomey.c:om ktumer@galyen.com Dear Christie: ATTORNEYS Enclosed please find the original and three (3) copies of the proposed Agreed ~Galyen Order Appointing Parenting Facilitator. I believe this Order accurately reflects the J.C. Bailey Ill agreement reached between counsel and Judge Sinha in chambers on Thursday, August - R. Keith Spencer Robert A. Schwartz 26, 2010. Please present to the Judge 5 days from the date of this letter if you do not - John w. Robinlon have written objections to this Order from opposing attorney. - Martin Miller Chuck Rowland Thomas F. Jones Ill For your convenience, I have enclosed a self-addressed, stamped envelope for you • Scott G. Robe1en Deborah c. Coleman to return the conformed copies to me. Martha N. Akers S1epMnle BaeniiCh Michael R. Cramer If you have any questions, please do not hesitate to contact our office. Michael J. Spychalski -Terry J. a.low John R. Fabry Julie L Joh11101'1 John F. C8shman Albert Rodriguez Jennifer L Scherf William A. Fortellh .J.-Kince Mysti L Dennis Derrick SaullberTy Stave Sanderfer Douglasw. Wright Diana s. Weitzel Pamela L. Wilder Laurie Guerra :kmt Jole Barbelto Enclosure(s) OF COUNSEL David Jordan cc: Jennifer Calhoun (w/encl.) VIA FACSIMILE 214-234-7501 Paul Crouch Michael Lore Rocky Deutscher (w/encl.) VIA FACSIMILE 817-332-2316 * BOARD CERTIFIED PERSONAL INJURY TRIAL LAW - BOARD CERTIFIED CRIMINAL TRIAL LAW - BOARD CERTIFIED FAMILY LAW ., ~ (., ~- .. ..../ LAW OFFICES OF PHILLIP GALYEN, P.C. OFFICES: ARLINGTON • BEDFORD • DALLAS • FT. WORTH • IRVING • GRAND PRAIRIE • HOUSTON WEATHERFORD • HARLINGEN • BROWNSVILLE • McALLEN • FLORIDA • MISSOURI