In re Christopher Vickers

Summary

The Thirteenth Court of Appeals of Texas denied Christopher Vickers’s petitions for writ of mandamus in three related appellate causes. The court concluded that Vickers had not met his burden to establish entitlement to mandamus relief concerning modifications to conservatorship, possession and access, and the designation of the children’s primary residence, and it lifted the previously imposed stay.

Holdings

1. A relator seeking mandamus relief must establish that the trial court abused its discretion and that the relator lacks an adequate remedy on appeal; the relator bears the burden of proving both requirements.
2. Vickers was not entitled to mandamus relief because he did not meet his burden under the applicable mandamus standard.

Questions Presented

1. Whether the trial court abused its discretion by modifying conservatorship and possession and access without proper notice.
2. Whether the trial court abused its discretion by modifying the conservator with the right to designate the primary residence of the minor children.
3. Whether Vickers established both an abuse of discretion and the absence of an adequate remedy by appeal sufficient to warrant mandamus relief.

Disposition

writ_denied