in Re: Sidney Bigham ( 2014 )

DENY; and Opinion Filed May 27, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00607-CV
IN RE SIDNEY BIGHAM, Relator
Original Proceeding from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 13-11214
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Lang-Miers
Relator filed this petition for writ of habeas corpus requesting that the Court compel the
return of his children from the party to whom the trial court has awarded possession pursuant to
temporary orders and a temporary restraining order. The facts and issues are well known to the
parties so we need not recount them herein. Relator has filed no record in support of his petition
for writ of habeas corpus. To be entitled to a writ of habeas corpus, if the right of possession of a
child is governed by court order, relator must show he is entitled to possession under that court
order. TEX. FAM. CODE ANN. § 157.372(a) (West 2014). Relator refers in his petition to
temporary orders and a temporary restraining order impacting his ability to gain possession of
the children, but has not included those orders in the record. The lack of record in this case is not
only a procedural defect, TEX. R. APP. P. 52.3(k), 52.7; In re Le, 335 S.W.3d 808, 813 (Tex.
App.—Houston [14th Dist.] 2011, no pet.) (Parties seeking extraordinary relief must follow the
applicable procedural rules including obligation to provide the reviewing court with a complete
and adequate record.); it is also fatal to his claim. TEX. FAM. CODE ANN. § 157.372(a) In re
Kubankin, 257 S.W.3d 852, 858 (Tex. App.—Waco 2008, orig. proceeding). Accordingly, we
DENY the petition for writ of habeas corpus.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
140607F.P05
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