On May 26, 2009 a
ADDITIONAL TEMP/ORDERS IN SMPCR
was filed
involving a dispute between
and
for MODIFICATION-OTHER
in the District Court of Tarrant County.
Preview
• NO. 360-459062-09
•
IN THE INTEREST OF § IN THE DISTRICT COURT
§
AUDIE NOVOTNEY AND MADILY!\' § 360Til JUDICIAL DISTRICT
NOVOTNEY, §
§
CHILDREN § TARRANT COUNTY, TEXAS
ADDITIONAL TEMPORARY ORDERS IN
SUIT TO MODIFY PARENT-CHILD RELATIONSHIP
On March 29,2012 the parties entered into a Rule 11 Agreement for Additional Temporary
Orders and the Rule II Agreement was filed with the Court on April 2, 2012.
Appearances
Petitioner, DAVID NOVOTNEY, appeared in person and through attorney of record, R.
Keith Spencer, and announced ready.
Respondent, DESTINY CONNOLLY, appeared in person and through attorney of record,
Thomas W. McKenzie, and announced ready.
Jurisdiction
The Court, after examining the record, and hearing the evidence and argument of counsel,
finds that all necessary prerequisites of the law have been legally satisfied and that this Court has
jurisdiction of this case and of all the parties.
Possession and Access
IT IS ORDERED that DAVID NOVOTNEY shall have possession of the children as follows:
April 14 through April 22, 2012
May 22 through July 12, 2012
9 consecutive days in August 2012, with 14 days' notice to DESTINY CONNOLLY.
Additional Temporary Orders Pagelof4
In the Interest of Novotney Children
Court's Minutes ,
Transaction #) 0 7
Electronic Communication
• •
IT IS ORDERED that DAVID NOVOTNEY shall have Skype access each Sunday from 7:00
p.m. to 7: 15 p.m. (EST) provided that he has not has possession of the children at any time on that
Sunday.
IT IS FURTHER ORDRED that DESTINY CONNOLLY shall have Skype access with the
children on Sundays from 7:00 p.m. to 7:15 p.m. (EST) during DAVID NOVOTNEY's extended
summer possession. DAVID NOVOTNEY agrees to accommodate DESTINY CONNOLLY with
at least two additional Skype sessions per week during his extended summer possession.
Long-Distance Access and Visitation
IT IS ORDERED that DAVID NOVOTNEY shall be responsible for all travel expenses for
the children to and from Birmingham, ALto Norfolk, VA commencing March I, 2012.
IT IS FURTHER ORDERED that ALL exchanges will take place at the Birmingham, AL
Airport. There shall be no change in the exchange location unless the parties enter into a written
agreement in advance.
Child Support
IT IS ORDERED that DAVID NOVOTNEY's child support obligation is terminated as of
March I, 2012. IT IS FURTHER ORDERED that DESTINY CONNOLLY shall reimburse DAVID
NOVOTNEY the amount of$1,400.00 on or before Aprill5, 2012. DESTINY CONNOLLY shall
reimburse DAVID NOVOTNEY for any additional child support received no later than the I oth day
of the month the child support is received until further order of this Court.
Additional Temporary Orders Page 2 of 4
In the Interest of Novotney Children
Mediation
• •
IT IS ORDERED that the parties shall attend a full-day mediation with Barbara Armstrong
no later than June 15,2012. Each party will pay 50% of the cost of mediation.
IT IS FURTHER ORDERED that if mediation fails, Laurie Robinson shall be appointed as
the Amicus Attorney and the parties are each ORDERED to deposit $5,000.00 in her tmst account by
July 1, 2012.
Additional Orders
IT IS ORDERED that DESTINY CONNOLLY's responses to DAVID NOVOTNEY's
written discovery shall be provided toR. Keith Spencer by May 15, 2012.
Duration
These Temporary Orders shall continue in force until the signing of the final order or until
further order of this Court. Any orders not specifically modified by this Order shall remain in effect
until further Order of this Court.
SIGNED on -------'courn~"=Llo!'-'--'-'B"""\t"'d=D=~-=a.:.....__
Additional Temporary Orders Page 3 of 4
In the Interest of Novotney Children
• •
APPROVED AS TO FORM ONLY:
BAILEY & GAL YEN
1901 Airport Freeway
Bedford, Texas 76021
Tel: (817) 359-7002
Fax: (817) 868-1290
Thomas W. McKenzie
1800 Norwood Drive, Ste. 100
Hurst, Texas 76054
817-282-3868
817-268-1563
By:. _______________________________
Thomas W. McKenzie
Attorney for Respondent
State Bar No. ----------
Additional Temporary Orders Page 4 of 4
In the Interest ofNovotney Children
Bailey &
Galyen
May 23,2012
Ms. Christie Loveless
ATIORNEYS AT lAW 3 60th Judicial District Court
1901 Airport Freeway
200 E. Weatherford Street
Bedford, TX 76021 Fort Worth, Texas 76196
(817) 359-7002
FAX (817) 868-1290
WNW.TheTexasAttorney.com Re: Cause No. 360-459062-09; In the Interest of Audie Novotney and Madilyn
kturner@galyen.com Novotney, Children
ATIORNEYS Dear Ms. Loveless:
Phillip Galyen
J.C. Bailey Ill
R. Keith Spencer
Enclosed please find the original and three (3) copies of the Additional
Robert A. Schwartz Temporary Orders in the above-referenced matter. Please present to the Judge 10 days
•• John W. Robinson
•• Martin Miller from the date of this letter if you do not have written objections to this Order from
Wm. "Gene" Sallows
Chuck Rowland
opposing attorney.
•Scott G. Robelen
Deborah C. Coleman
Martha N. Akers For your convenience, I have enclosed a self-addressed, stamped envelope for you
Josh Borsellino
John R. Fabry to return the conformed copies to me.
Jennifer l. Scherf
William A. Forteith
James K. I nee If you have any questions, please do not hesitate to contact our office.
Ryan A. Beason
**"'** •
Douglas W. Wnght
Diana S. Weitzel
Luis M. Julia
Curran Skinner
Kristie L. Williamson
Rachel Sherman
James "Cole" Fulks
)
Dana A. Floyd
Patricia A. Barbee
...... Paul F. Wieneskie
Tim D. Brandenburg
Jane Ann Cruce
Randall E. Turner
........ •
• Brandon Y. Bell
Noel A. Suniga
:kmt
Holly R. Monk Enclosure(s)
OF COUNSEL
David Jordan
cc: Tom McKenzie (w/encl.) (Via facsimile 817-268-1563)
Dave Novotney (w/encl.) (Via Email)
• BOARD CERTIFIED
PERSONAL INJURY TRIAL
LAW
•• BOARD CERTIFIED
CRIMINAL TRIAL LAW
BOARD CERTIFIED
FAMILY LAW ~B3l:J 131
Document Filed Date
June 08, 2012
Case Filing Date
May 26, 2009
Category
MODIFICATION-OTHER
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Preview
• NO. 360-459062-09 • IN THE INTEREST OF § IN THE DISTRICT COURT § AUDIE NOVOTNEY AND MADILY!\' § 360Til JUDICIAL DISTRICT NOVOTNEY, § § CHILDREN § TARRANT COUNTY, TEXAS ADDITIONAL TEMPORARY ORDERS IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP On March 29,2012 the parties entered into a Rule 11 Agreement for Additional Temporary Orders and the Rule II Agreement was filed with the Court on April 2, 2012. Appearances Petitioner, DAVID NOVOTNEY, appeared in person and through attorney of record, R. Keith Spencer, and announced ready. Respondent, DESTINY CONNOLLY, appeared in person and through attorney of record, Thomas W. McKenzie, and announced ready. Jurisdiction The Court, after examining the record, and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that this Court has jurisdiction of this case and of all the parties. Possession and Access IT IS ORDERED that DAVID NOVOTNEY shall have possession of the children as follows: April 14 through April 22, 2012 May 22 through July 12, 2012 9 consecutive days in August 2012, with 14 days' notice to DESTINY CONNOLLY. Additional Temporary Orders Pagelof4 In the Interest of Novotney Children Court's Minutes , Transaction #) 0 7 Electronic Communication • • IT IS ORDERED that DAVID NOVOTNEY shall have Skype access each Sunday from 7:00 p.m. to 7: 15 p.m. (EST) provided that he has not has possession of the children at any time on that Sunday. IT IS FURTHER ORDRED that DESTINY CONNOLLY shall have Skype access with the children on Sundays from 7:00 p.m. to 7:15 p.m. (EST) during DAVID NOVOTNEY's extended summer possession. DAVID NOVOTNEY agrees to accommodate DESTINY CONNOLLY with at least two additional Skype sessions per week during his extended summer possession. Long-Distance Access and Visitation IT IS ORDERED that DAVID NOVOTNEY shall be responsible for all travel expenses for the children to and from Birmingham, ALto Norfolk, VA commencing March I, 2012. IT IS FURTHER ORDERED that ALL exchanges will take place at the Birmingham, AL Airport. There shall be no change in the exchange location unless the parties enter into a written agreement in advance. Child Support IT IS ORDERED that DAVID NOVOTNEY's child support obligation is terminated as of March I, 2012. IT IS FURTHER ORDERED that DESTINY CONNOLLY shall reimburse DAVID NOVOTNEY the amount of$1,400.00 on or before Aprill5, 2012. DESTINY CONNOLLY shall reimburse DAVID NOVOTNEY for any additional child support received no later than the I oth day of the month the child support is received until further order of this Court. Additional Temporary Orders Page 2 of 4 In the Interest of Novotney Children Mediation • • IT IS ORDERED that the parties shall attend a full-day mediation with Barbara Armstrong no later than June 15,2012. Each party will pay 50% of the cost of mediation. IT IS FURTHER ORDERED that if mediation fails, Laurie Robinson shall be appointed as the Amicus Attorney and the parties are each ORDERED to deposit $5,000.00 in her tmst account by July 1, 2012. Additional Orders IT IS ORDERED that DESTINY CONNOLLY's responses to DAVID NOVOTNEY's written discovery shall be provided toR. Keith Spencer by May 15, 2012. Duration These Temporary Orders shall continue in force until the signing of the final order or until further order of this Court. Any orders not specifically modified by this Order shall remain in effect until further Order of this Court. SIGNED on -------'courn~"=Llo!'-'--'-'B"""\t"'d=D=~-=a.:.....__ Additional Temporary Orders Page 3 of 4 In the Interest of Novotney Children • • APPROVED AS TO FORM ONLY: BAILEY & GAL YEN 1901 Airport Freeway Bedford, Texas 76021 Tel: (817) 359-7002 Fax: (817) 868-1290 Thomas W. McKenzie 1800 Norwood Drive, Ste. 100 Hurst, Texas 76054 817-282-3868 817-268-1563 By:. _______________________________ Thomas W. McKenzie Attorney for Respondent State Bar No. ---------- Additional Temporary Orders Page 4 of 4 In the Interest ofNovotney Children Bailey & Galyen May 23,2012 Ms. Christie Loveless ATIORNEYS AT lAW 3 60th Judicial District Court 1901 Airport Freeway 200 E. Weatherford Street Bedford, TX 76021 Fort Worth, Texas 76196 (817) 359-7002 FAX (817) 868-1290 WNW.TheTexasAttorney.com Re: Cause No. 360-459062-09; In the Interest of Audie Novotney and Madilyn kturner@galyen.com Novotney, Children ATIORNEYS Dear Ms. Loveless: Phillip Galyen J.C. Bailey Ill R. Keith Spencer Enclosed please find the original and three (3) copies of the Additional Robert A. Schwartz Temporary Orders in the above-referenced matter. Please present to the Judge 10 days •• John W. Robinson •• Martin Miller from the date of this letter if you do not have written objections to this Order from Wm. "Gene" Sallows Chuck Rowland opposing attorney. •Scott G. Robelen Deborah C. Coleman Martha N. Akers For your convenience, I have enclosed a self-addressed, stamped envelope for you Josh Borsellino John R. Fabry to return the conformed copies to me. Jennifer l. Scherf William A. Forteith James K. I nee If you have any questions, please do not hesitate to contact our office. Ryan A. Beason **"'** • Douglas W. Wnght Diana S. Weitzel Luis M. Julia Curran Skinner Kristie L. Williamson Rachel Sherman James "Cole" Fulks ) Dana A. Floyd Patricia A. Barbee ...... Paul F. Wieneskie Tim D. Brandenburg Jane Ann Cruce Randall E. Turner ........ • • Brandon Y. Bell Noel A. Suniga :kmt Holly R. Monk Enclosure(s) OF COUNSEL David Jordan cc: Tom McKenzie (w/encl.) (Via facsimile 817-268-1563) Dave Novotney (w/encl.) (Via Email) • BOARD CERTIFIED PERSONAL INJURY TRIAL LAW •• BOARD CERTIFIED CRIMINAL TRIAL LAW BOARD CERTIFIED FAMILY LAW ~B3l:J 131