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233-705699-21 FILED
TARRANT COUNTY
9/7/2021 12:39 PM
NO. THOMAS A. WILDER
DISTRICT CLERK
EX PARTE § IN THE DISTRICT COURT
§
KAYA H. HERNANDEZ, § 233" JUDICIAL DISTRICT
A CHILD § TARRANT COUNTY, TEXAS
PETITION FOR WRIT OF HABEAS CORPUS
TO RECOVER POSSESSION OF CHILD
TO THE HONORABLE COURT:
JOHN HERNANDEZ, Petitioner, whose Social Security and Texas Driver’s License
Numbers end inl30 and 312 respectively, Petitioner, files this Petition for Writ of Habeas
Corpus, pursuant to Family Code Sections 157.371 through 157.376, and in support of the petition
shows:
Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
Parties and Service of Citation
Petitioner, JOHN HERNANDEZ, is, and has always been for purposes of this cause of action
a resident of Texas. °
Respondent, DIANA RAMOS, is a resident of the state of California. Service of process on
Respondent may be had by serving her at her place of employment at County of San Bernadino
Department of Behavioral Health, 1330 E. Cooley Drive, Colton, California 92324. Respondent’s
Social Security and California driver’s license numbers ending in 120 and 968 respectively.
Information required by section 152.209 of the Texas Family Code is provided in the attached
affidavit (Exhibit “C”.).
Child
The child the subject of this suit is:
Name: KAYA H. HERNANDEZ
Date of Birth: April 17, 2004
Present Residence: With Petitioner; Texas
Page | of 3
Illegal Restraint
The child is illegally restrained by DIANA RAMOS, Respondent, at 1460 Kendall Drive,
#43, San Bernadino, San Bernadino County, California 92407.
Right toPossession
The right to possession of the child the subject of this Petition is presently governed by an
order entitled “Order in Suit Affecting Parent-Child Relationship” entered on April 11, 2018, by the
233® Judicial District Court of Tarrant County, Texas, in Cause Number 233-413550-07, styled “In
the Interest of Kaya H. Hernandez, A Child.” This order is in full force and effect. By virtue of
such order, Petitioner is presently entitled to immediate possession of the child, KAYA H.
HERNANDEZ. A certified copy of the order is attached hereto as Exhibit “B” and incorporated
herein by reference for all purposes.
Background
On or about June 17, 2021, the child was transported to Respondent’s residence for
Respondent’s extended Summer 2021 possession. At the end of this period of possession, on July
29, 2021, Respondent was to place the child on an airplane and return the child to Petitioner.
Respondent failed to and refused to return the child the subject of this Petition to Petitioner on July
2, 2021.
Petitioner requested to have the child returned, but Respondent refused and continues to
refuse to return the child.
Petitioner is entitled to immediate possession of the child.
In support of this Petition Petitioner files his Affidavit, attached hereto as Exhibit “A” the
content of which is incorporated herein for all purposes.
Attorney's Fees
As a result of Respondent’s conduct, it has become necessary for Petitioner to seek the
services of ELIZABETH A. FISHER, a licensed attorney to file the instant Petition to protect and
preserve the child's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses,
and costs, and a judgment should be rendered in favor of this attorney and against Respondent and
be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own
name. Petitioner requests postjudgment interest as allowed by law. Petitioner seeks recovery of his
reasonable attorney’s fees through the trial court and in the event of an appeal to the court of appeals
and the Texas Supreme Court.
Page 2 of 3
Costs and Expenses
Petitioner has incurred and will costs and expenses as a result of Respondent’s wrongful
conduct. Petitioner prays for recovery of his costs and expenses incurred in enforcing the order.
Prayer
WHEREFORE, PREMISES CONSIDERED, Petitioner prays
The Court immediately issue its writ of habeas corpus commanding that the child be
brought immediately before this Court and that the child be returned to Petitioner.
The Court award Petitioner reasonable attorney's fees as child support
The Court award Petitioner his costs and expenses
The Court award Petitioner all relief requested herein; and
The Court award Petitioner all other to which he may be entitled in equity or at law.
For all general relief to which this Court may deem Petitioner entitled.
Respectfully submitted.
LAW OFFICE OF ELIZABETH A. FISHER
2600 McCullough Avenue
San Antonio, Texas 78212
Telephone: (210) 572-7272
Facsimile: (210) 572-7575
lizzieannfisher@aol.com
By: Elizabeth A. Fisher
ELIZABETH A. FISHER
State Bar No. 00796547
Attorney for JOHN HERNANDEZ, Petitioner
The undersigned states under oath: "I am the Petitioner in the foregoing Petition for Writ of
Habeas Corpus. I have personal knowledge of the allegations and facts stated in it, and they are true
jez,
and correct."
[fron HERNANDEZ, Affiant
SIGNED under oath before me on September_3__, 2021.
Lath Yer
Zt
Fie
(Sony Public,
Page 3 of 3
is JUANITA MUNOZ REYES
Notary ID #129138967
My Commissto xpires
September 25, 2024
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233-705699-21 FILED TARRANT COUNTY 9/7/2021 12:39 PM NO. THOMAS A. WILDER DISTRICT CLERK EX PARTE § IN THE DISTRICT COURT § KAYA H. HERNANDEZ, § 233" JUDICIAL DISTRICT A CHILD § TARRANT COUNTY, TEXAS PETITION FOR WRIT OF HABEAS CORPUS TO RECOVER POSSESSION OF CHILD TO THE HONORABLE COURT: JOHN HERNANDEZ, Petitioner, whose Social Security and Texas Driver’s License Numbers end inl30 and 312 respectively, Petitioner, files this Petition for Writ of Habeas Corpus, pursuant to Family Code Sections 157.371 through 157.376, and in support of the petition shows: Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. Parties and Service of Citation Petitioner, JOHN HERNANDEZ, is, and has always been for purposes of this cause of action a resident of Texas. ° Respondent, DIANA RAMOS, is a resident of the state of California. Service of process on Respondent may be had by serving her at her place of employment at County of San Bernadino Department of Behavioral Health, 1330 E. Cooley Drive, Colton, California 92324. Respondent’s Social Security and California driver’s license numbers ending in 120 and 968 respectively. Information required by section 152.209 of the Texas Family Code is provided in the attached affidavit (Exhibit “C”.). Child The child the subject of this suit is: Name: KAYA H. HERNANDEZ Date of Birth: April 17, 2004 Present Residence: With Petitioner; Texas Page | of 3 Illegal Restraint The child is illegally restrained by DIANA RAMOS, Respondent, at 1460 Kendall Drive, #43, San Bernadino, San Bernadino County, California 92407. Right toPossession The right to possession of the child the subject of this Petition is presently governed by an order entitled “Order in Suit Affecting Parent-Child Relationship” entered on April 11, 2018, by the 233® Judicial District Court of Tarrant County, Texas, in Cause Number 233-413550-07, styled “In the Interest of Kaya H. Hernandez, A Child.” This order is in full force and effect. By virtue of such order, Petitioner is presently entitled to immediate possession of the child, KAYA H. HERNANDEZ. A certified copy of the order is attached hereto as Exhibit “B” and incorporated herein by reference for all purposes. Background On or about June 17, 2021, the child was transported to Respondent’s residence for Respondent’s extended Summer 2021 possession. At the end of this period of possession, on July 29, 2021, Respondent was to place the child on an airplane and return the child to Petitioner. Respondent failed to and refused to return the child the subject of this Petition to Petitioner on July 2, 2021. Petitioner requested to have the child returned, but Respondent refused and continues to refuse to return the child. Petitioner is entitled to immediate possession of the child. In support of this Petition Petitioner files his Affidavit, attached hereto as Exhibit “A” the content of which is incorporated herein for all purposes. Attorney's Fees As a result of Respondent’s conduct, it has become necessary for Petitioner to seek the services of ELIZABETH A. FISHER, a licensed attorney to file the instant Petition to protect and preserve the child's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, and a judgment should be rendered in favor of this attorney and against Respondent and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. Petitioner seeks recovery of his reasonable attorney’s fees through the trial court and in the event of an appeal to the court of appeals and the Texas Supreme Court. Page 2 of 3 Costs and Expenses Petitioner has incurred and will costs and expenses as a result of Respondent’s wrongful conduct. Petitioner prays for recovery of his costs and expenses incurred in enforcing the order. Prayer WHEREFORE, PREMISES CONSIDERED, Petitioner prays The Court immediately issue its writ of habeas corpus commanding that the child be brought immediately before this Court and that the child be returned to Petitioner. The Court award Petitioner reasonable attorney's fees as child support The Court award Petitioner his costs and expenses The Court award Petitioner all relief requested herein; and The Court award Petitioner all other to which he may be entitled in equity or at law. For all general relief to which this Court may deem Petitioner entitled. Respectfully submitted. LAW OFFICE OF ELIZABETH A. FISHER 2600 McCullough Avenue San Antonio, Texas 78212 Telephone: (210) 572-7272 Facsimile: (210) 572-7575 lizzieannfisher@aol.com By: Elizabeth A. Fisher ELIZABETH A. FISHER State Bar No. 00796547 Attorney for JOHN HERNANDEZ, Petitioner The undersigned states under oath: "I am the Petitioner in the foregoing Petition for Writ of Habeas Corpus. I have personal knowledge of the allegations and facts stated in it, and they are true jez, and correct." [fron HERNANDEZ, Affiant SIGNED under oath before me on September_3__, 2021. Lath Yer Zt Fie (Sony Public, Page 3 of 3 is JUANITA MUNOZ REYES Notary ID #129138967 My Commissto xpires September 25, 2024