Preview
Filed
3/22/2023 3:47 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, T¢xas
Dahlia Davila
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
Cause No. 15-DCV-227783
IN THE INTEREST OF § IN THE DISTRICT COURT OF
T.S., C.S., AND C.S. 8 FORT BEND COUNTY, TEXAS
§
CHILDREN § 328™ JUDICIAL DISTRICT
RULE 11 AGREEMENT FOR TEMPORARY ORDERS
Pursuant to Rule 11 of the Texas Rules of Civil Procedure CARLOS SMITH, Petitioner,
and TAMISIKA SMITH, Respondent, agree, by and through their respective attomeys of record,
with the agreement of the amicus attorney, Lori Kern, to the following:
Communication
CARLOS SMITH and TAMISIKA SMITH shall communicate exclusively through Our
Family Wizard (OFW) and shall be enjoined from communicating in any other manner. All
OFW communication shall be regarding only the children tho subject of this suit, Toriana
Smith, Christopher Smith, and Cayden Smith. Any communication via telephone, text
message, email, letter, or in person shall be prohibited.
Injunctions
1 CARLOS SMITH is enjoined from driving into or otherwise entering Bees Creek, the
neighborhood where TAMISIKA SMITH and the children reside.
CARLOS SMITH is enjoined from going to any location in which he knows or should
know that TAMISIKA SMITH may be present or frequents, including but not limited to
any Sienna neighborhood gyms, Fort Bend Church, salons, residences of TAMISIKA
SMITH’S family, residences of TAMISIKA SMITH’S friends, TAMISIKA SMITH’S
place of employment, children’s schools, children’s extracurricular activity locations, save
and except for if the children have invited CARLOS SMITH to the activity as provided
herein below,
If CARLOS SMITH goes to any location and TAMISIKA SMITH is present, CARLOS
SMITH shall immediately leave that location and not retum until TAMISIKA SMITH is
no longer present.
CARLOS SMITH is enjoined from communicating with the friends, family, and employer
of TAMISIKA SMITH in any form, whether it be physical, electronic, or telephonic.
#
as
ROUTED To courT?/23/23 DD
RT'DTOD.CLERK 3/24/23 AK QC 3/27/23 AH
CARLOS SMITH is enjoined from communicating with any employer of TAMISIKA
SMITH in any form, whether it be physical, clectronic, writton, telephonic, or with the
assistance of a third party.
CARLOS SMITH is enjoined from making disparaging remarks about TAMISIKA
SMITH or TAMISIKA SMITH'S family in the presence or hearing of the children which
of
would be reasonably calculated to cause the children to have a diminished opinion
TAMISIKA SMITH or her conduct.
CARLOS SMITH is enjoined from initiating or discussing litigation, custody
arrangements, support, or any dispute relating to the children directly with the children.
CARLOS SMITH is enjoined from making any comment or attempting to utilize the
children and/or any other individual (.¢., family member(s), friend(s)) as the messenger or
communicator of information from CARLOS SMITH to TAMISIKA SMITH.
CARLOS SMITH is enjoined from initiating any discussions or taking part in any
discussion with the children relating to TAMISIKA SMITH’S private life, (j.e., dating
relationships, etc.)
Possession and Access
CARLOS SMITH shall have possession of and access to the children only as follows:
1. CARLOS SMITH may send a message to TAMISIKA SMITH via OF W on the 10" day
of every month inquiring if the children would like to see him. After consulting with the
children, TAMISIKA SMITH will advise CARLOS SMITH, Lori Kern, and her counsel
of each child’s decision within three business days. CARLOS SMITH shall not discuss
possession of or access to the children with TAMISIKA SMITH other than sending his
inquiry on the 10" of the month.
If at any time a child expresses a desire to have visitation with CARLOS SMITH,
TAMISIKA SMITH shall communicate that child’s desire to CARLOS SMITH via OF W.
‘The parties shall mutually agree upon the parameters of the visitation, if any, taking into
consideration the child’s expressed desire. If any costs aro associated with the visitation,
CARLOS SMITH shall be 100% responsible for payment of the same, If the parties are
unable to agree on the parameters of visitation, they shall seck tho advice and input from
their respective attoreys.
CARLOS SMITH shal! not attempt to visit the children at their schools or at any
extracurricular activities or attend any school or extracurricular activities without the
express written consent of the child (text message to CARLOS SMITH) and advanced
written approval of TAMISIKA SMITH.
0.5
4. Nothing in this section prevents CARI.OS SMITH from communicating with the children
directly on their mobile phone numbers. CARLOS SMITH shall not attempt to
communicate with the children through TAMISIKA SMITH.
,
ut
Horney: nd
1. CARLOS SMITH shall pay the sum of ten thousand and NO/100 dollars to $10,000.00 in
attorney's fees directly to TAMISIKA SMITH by and through her attorney of record at
Shai Mady Via Sh, CASI ONS Check, or money olen
603 Avondale, Houston, Texas 77006 on or before 5:00 p.m. on May 15, 2023. Thi
2. CARLOS SMITH shall pay Dr. Backs’ retainer and any other payments owed to Dr. Backs
as provided in the prior court order.
Protective Order and Other Pending Requests
.
| Upen-FAMISHCA-SMIFH i
SMFFH en-or-befere-5:00-p-m—on-May=tsr 20235 T: aan SMITH shall nonsuit her
application for protective order. on or before March 27, 2023
2. CARLOS SMITH shall withdraw his request to be named sole managing conservator of
the children. on or before March 27, 2023
Order
IT IS THEREFORE ORDERED that the agreement of the parties is hereby APPROVED
and same is rendered as the judgment and ORDER of this Court.
— Lheinte
SIGNED on _ 3/23/2023
.
AGREED: AGREED:
CARLOS SMITH
Respondent Petitioner
APPROVED AS TO FORM ONLY:
The Law Office of Jeanne C. McDowell ZINSMEISTER LAW FIRM, PC
/
BY
JEANNE CALDWELL MCDOWELL MARLENE Z ISMEISTER
State Bar No. 00789194 SBN: 22277350
jem@houstontrialattomeys.com 106 Guent Street
REBEKAH H. BIRDWELL Sugar Lasid, TX 77478
State Bar No. 24053052 Telephone: 281-265-411!
rhb@houstontrialattomeys.com Facsimile: 281-265-4101
603 Avondale Email: mz@mzfamilylaw.com
Houston, Texas 77006 Attorney for CARLOS SMITH
Phone (713) 655-9595
Fax (713) 655-1725
Attorneys for TAMISIKA SMITH
KERN LAW, PLLC
LORI M. KERN
SBN: 24067705
605 Houston Street
Richmond, Texas 774669
Telephone: 281-394-9900
Facsimile: 281-605-1906
Email: kem@kemfamilylaw.com
Amicus Attorney for the Children
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 73914815
Filing Code Description: Proposed Order
Filing Description: Rule 11 Agreement for Temporary Orders
Status as of 3/23/2023 8:10 AM CST
Associated Case Party: TorianaKofiSmith
Name BarNumber Email TimestampSubmitted | Status
Lori Marie Kern 24067705 Ikern@kernfamilylaw.com 3/22/2023 3:47:54 PM | SENT
Attorney General csd-legal-003@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM | SENT
Associated Case Party: CarlosAllenSmith
Name BarNumber Email TimestampSubmitted | Status
Marlene M. Zinsmeister | 22277850 service@mzfamily.com 3/22/2023 3:47:54 PM | SENT
Amy Urbanek amy.urbanek@gmail.com | 3/22/2023 3:47:54 PM | SENT
Associated Case Party: TamisikaKofiSmith
Name BarNumber Email TimestampSubmitted Status
Jeanne C.McDowell jem@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Rebekah H. Birdwell rhb@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Allyn Suazo cae@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Rebekah Birdwell 24053052 thb@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Kristin Van Ness kvn@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Whitney A.Laidlaw wa@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Jeanne Caldwell McDowell 789194 jcm@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted | Status
Attorney General CSD-Legal-003@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM | SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 73914815
Filing Code Description: Proposed Order
Filing Description: Rule 11 Agreement for Temporary Orders
Status as of 3/23/2023 8:10 AM CST
Case Contacts
Attorney General CSD-Legal-605@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM SENT
Preview
Filed 3/22/2023 3:47 PM Beverley McGrew Walker District Clerk Fort Bend County, T¢xas Dahlia Davila NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Cause No. 15-DCV-227783 IN THE INTEREST OF § IN THE DISTRICT COURT OF T.S., C.S., AND C.S. 8 FORT BEND COUNTY, TEXAS § CHILDREN § 328™ JUDICIAL DISTRICT RULE 11 AGREEMENT FOR TEMPORARY ORDERS Pursuant to Rule 11 of the Texas Rules of Civil Procedure CARLOS SMITH, Petitioner, and TAMISIKA SMITH, Respondent, agree, by and through their respective attomeys of record, with the agreement of the amicus attorney, Lori Kern, to the following: Communication CARLOS SMITH and TAMISIKA SMITH shall communicate exclusively through Our Family Wizard (OFW) and shall be enjoined from communicating in any other manner. All OFW communication shall be regarding only the children tho subject of this suit, Toriana Smith, Christopher Smith, and Cayden Smith. Any communication via telephone, text message, email, letter, or in person shall be prohibited. Injunctions 1 CARLOS SMITH is enjoined from driving into or otherwise entering Bees Creek, the neighborhood where TAMISIKA SMITH and the children reside. CARLOS SMITH is enjoined from going to any location in which he knows or should know that TAMISIKA SMITH may be present or frequents, including but not limited to any Sienna neighborhood gyms, Fort Bend Church, salons, residences of TAMISIKA SMITH’S family, residences of TAMISIKA SMITH’S friends, TAMISIKA SMITH’S place of employment, children’s schools, children’s extracurricular activity locations, save and except for if the children have invited CARLOS SMITH to the activity as provided herein below, If CARLOS SMITH goes to any location and TAMISIKA SMITH is present, CARLOS SMITH shall immediately leave that location and not retum until TAMISIKA SMITH is no longer present. CARLOS SMITH is enjoined from communicating with the friends, family, and employer of TAMISIKA SMITH in any form, whether it be physical, electronic, or telephonic. # as ROUTED To courT?/23/23 DD RT'DTOD.CLERK 3/24/23 AK QC 3/27/23 AH CARLOS SMITH is enjoined from communicating with any employer of TAMISIKA SMITH in any form, whether it be physical, clectronic, writton, telephonic, or with the assistance of a third party. CARLOS SMITH is enjoined from making disparaging remarks about TAMISIKA SMITH or TAMISIKA SMITH'S family in the presence or hearing of the children which of would be reasonably calculated to cause the children to have a diminished opinion TAMISIKA SMITH or her conduct. CARLOS SMITH is enjoined from initiating or discussing litigation, custody arrangements, support, or any dispute relating to the children directly with the children. CARLOS SMITH is enjoined from making any comment or attempting to utilize the children and/or any other individual (.¢., family member(s), friend(s)) as the messenger or communicator of information from CARLOS SMITH to TAMISIKA SMITH. CARLOS SMITH is enjoined from initiating any discussions or taking part in any discussion with the children relating to TAMISIKA SMITH’S private life, (j.e., dating relationships, etc.) Possession and Access CARLOS SMITH shall have possession of and access to the children only as follows: 1. CARLOS SMITH may send a message to TAMISIKA SMITH via OF W on the 10" day of every month inquiring if the children would like to see him. After consulting with the children, TAMISIKA SMITH will advise CARLOS SMITH, Lori Kern, and her counsel of each child’s decision within three business days. CARLOS SMITH shall not discuss possession of or access to the children with TAMISIKA SMITH other than sending his inquiry on the 10" of the month. If at any time a child expresses a desire to have visitation with CARLOS SMITH, TAMISIKA SMITH shall communicate that child’s desire to CARLOS SMITH via OF W. ‘The parties shall mutually agree upon the parameters of the visitation, if any, taking into consideration the child’s expressed desire. If any costs aro associated with the visitation, CARLOS SMITH shall be 100% responsible for payment of the same, If the parties are unable to agree on the parameters of visitation, they shall seck tho advice and input from their respective attoreys. CARLOS SMITH shal! not attempt to visit the children at their schools or at any extracurricular activities or attend any school or extracurricular activities without the express written consent of the child (text message to CARLOS SMITH) and advanced written approval of TAMISIKA SMITH. 0.5 4. Nothing in this section prevents CARI.OS SMITH from communicating with the children directly on their mobile phone numbers. CARLOS SMITH shall not attempt to communicate with the children through TAMISIKA SMITH. , ut Horney: nd 1. CARLOS SMITH shall pay the sum of ten thousand and NO/100 dollars to $10,000.00 in attorney's fees directly to TAMISIKA SMITH by and through her attorney of record at Shai Mady Via Sh, CASI ONS Check, or money olen 603 Avondale, Houston, Texas 77006 on or before 5:00 p.m. on May 15, 2023. Thi 2. CARLOS SMITH shall pay Dr. Backs’ retainer and any other payments owed to Dr. Backs as provided in the prior court order. Protective Order and Other Pending Requests . | Upen-FAMISHCA-SMIFH i SMFFH en-or-befere-5:00-p-m—on-May=tsr 20235 T: aan SMITH shall nonsuit her application for protective order. on or before March 27, 2023 2. CARLOS SMITH shall withdraw his request to be named sole managing conservator of the children. on or before March 27, 2023 Order IT IS THEREFORE ORDERED that the agreement of the parties is hereby APPROVED and same is rendered as the judgment and ORDER of this Court. — Lheinte SIGNED on _ 3/23/2023 . AGREED: AGREED: CARLOS SMITH Respondent Petitioner APPROVED AS TO FORM ONLY: The Law Office of Jeanne C. McDowell ZINSMEISTER LAW FIRM, PC / BY JEANNE CALDWELL MCDOWELL MARLENE Z ISMEISTER State Bar No. 00789194 SBN: 22277350 jem@houstontrialattomeys.com 106 Guent Street REBEKAH H. BIRDWELL Sugar Lasid, TX 77478 State Bar No. 24053052 Telephone: 281-265-411! rhb@houstontrialattomeys.com Facsimile: 281-265-4101 603 Avondale Email: mz@mzfamilylaw.com Houston, Texas 77006 Attorney for CARLOS SMITH Phone (713) 655-9595 Fax (713) 655-1725 Attorneys for TAMISIKA SMITH KERN LAW, PLLC LORI M. KERN SBN: 24067705 605 Houston Street Richmond, Texas 774669 Telephone: 281-394-9900 Facsimile: 281-605-1906 Email: kem@kemfamilylaw.com Amicus Attorney for the Children Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 73914815 Filing Code Description: Proposed Order Filing Description: Rule 11 Agreement for Temporary Orders Status as of 3/23/2023 8:10 AM CST Associated Case Party: TorianaKofiSmith Name BarNumber Email TimestampSubmitted | Status Lori Marie Kern 24067705 Ikern@kernfamilylaw.com 3/22/2023 3:47:54 PM | SENT Attorney General csd-legal-003@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM | SENT Associated Case Party: CarlosAllenSmith Name BarNumber Email TimestampSubmitted | Status Marlene M. Zinsmeister | 22277850 service@mzfamily.com 3/22/2023 3:47:54 PM | SENT Amy Urbanek amy.urbanek@gmail.com | 3/22/2023 3:47:54 PM | SENT Associated Case Party: TamisikaKofiSmith Name BarNumber Email TimestampSubmitted Status Jeanne C.McDowell jem@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Rebekah H. Birdwell rhb@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Allyn Suazo cae@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Rebekah Birdwell 24053052 thb@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Kristin Van Ness kvn@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Whitney A.Laidlaw wa@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Jeanne Caldwell McDowell 789194 jcm@houstontrialattorneys.com 3/22/2023 3:47:54 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted | Status Attorney General CSD-Legal-003@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM | SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 73914815 Filing Code Description: Proposed Order Filing Description: Rule 11 Agreement for Temporary Orders Status as of 3/23/2023 8:10 AM CST Case Contacts Attorney General CSD-Legal-605@texasattorneygeneral.gov | 3/22/2023 3:47:54 PM SENT