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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
CAUSE NO. 362
IN THE INTEREST OF IN THE DISTRICT COURT
CIENNA HOPE PANTUSO DAVISON
AKA CIENNA DAVISON AND CAMARIE
LATHRINE DAVISON AKA CAMARIIE DENTON COUNTY, TEXAS
JENKINS
THE CHILD JUDICIAL DISTRICT
MOTION TO CONSOLIDATE AND TRANSFER
Comes now, Petitioner, Department of Family and Protective Services (“the Department”),
and files this Motion Consolidate and Transfer, and shows in support:
The Respondent Mother filed an Application for Protective Order in Denton County under
cause number 2010 40863 on June 24, 2010 See Attachment 1). An Ex Parte
Temporary Protective Order was granted on the same day (See Attachment 2) and a
Protective Order was granted on July 8, 2010 (See Attachment 3). The same Protective
Order was later vacated by the Court, after receiving a letter from Respondent Mother
See Attachment 4 This matter was heard in the 362 Judicial District Court of Denton
County in Denton, Texas.
The Department filed an nal Petition for Termination on May 11, 2015 in cause
number 15 See Attachment 5 hat suit was later nonsuited on August 20,
2015 (See Attachment 6 This matter was heard in Judicial District Court of
Denton County in Denton, Texas.
The Respondent Father filed a Motion to Modify Parent Child Relationship and to Vacate
Protective Order and to Confirm Child Support Arrearage into cause number
in 2011 See Attachment 7 and the Office of the Attorney General later filed a Suit for
Modification of Child Support Order in 2018 See Attachment 8 There was a Final Order
entered in cause number in May of 2018 (See Attachment 9 This matter
was heard Judicial District Court of Denton County in Denton, Texas.
On November 18, 2020, the Office of the ttorney eneral filed a uit ffecting the rent
hild elationship (AOP) for Modification, and Motion to Confirm Support Arrearage in
cause number 40863 in the 362 Judicial District Court of Denton County in
Denton, Texas See Attachment 10 That Petition was nonsuited on January 14, 2021 (See
Attachment 11). Respondent Mother and Respondent Father filed a Joint Motion to
Transfer Case from Court of Continuing Jurisdiction into the same cause on January 28,
2021 (See Attachment 12).
5. On December 2, 2020, the Department filed an Original Petition for Protection of a Child,
for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship
into cause number JC-20-00987, in the 304th Judicial District Court of Dallas County in
Dallas, Texas. An Ex Parte Order for Emergency Care and Temporary Custody was signed
by the Judge that same day (See Attachment 13). The Court has jurisdiction to render
temporary orders for the protection of the children pursuant to Chapter 262, Texas Family
Code.
6. In Respondent Father and Mother’s Joint Motion to Transfer in cause number 2010-40863-
362, the Respondent Parents state the following reasons for this case to be transferred to
Dallas County (See Attachment 12):
a. there has never been a suit filed in Denton County concerning the child,
CAMARIE LATHRI DAVISON;
b. the child, CAMARIE LATHRI DAVISON has never resided in Denton County;
c. the child, CAMARIE LATHRI DAVISON has resided in Dallas County since her
birth;
d. the child, CIENNA HOPE PANTUSO DAIVSON has resided in Dallas County
continuously since 2015; and
e. the Respondent Parents have resided in Dallas County continuously since 2015,
which was prior to and subsequent to the last order entered in Denton County.
7. Pursuant to chapter 155.201(b) of the Texas Family Code, a mandatory transfer is required
if it is shown that the children have not resided in Denton County for the preceding six
months and the children have resided in the county where the case is to be transferred for
more than six months. Further, pursuant to section 155.202(b), for the convenience of the
parties and witnesses, and upon a timely motion, the Court may transfer the proceedings to
the county where the parents and children reside.
8. On December 28, 2020, the Respondent Mother filed a Motion to Retain Jurisdiction to
Transfer Case to Dallas County and to Consolidate Proceedings in cause number JC20-
00987-W in the 304th Judicial District Court of Dallas County in Dallas, Texas (See
Attachment 14). This Motion reiterates the requests for all of these cases to be transferred
to Dallas County pursuant to section 262.203(a)(2) of the Texas Family Code.
9. Pursuant to section 262.203(a)(1) of the Texas Family Code, the court that rendered the
temporary order shall transfer the suit to the court of continuing, exclusive jurisdiction, if
the court finds that the transfer is necessary for the convenience of the parties and in the
best interest of the child. Further, pursuant to section 262.203(a)(2), the court that rendered
the temporary order shall order transfer of the suit from the court of continuing, exclusive
jurisdiction.
10. The Department’s Motion for Transfer and for Consolidation of Proceedings was also filed
on December 28, 2020 in the 304th Judicial District Court of Dallas County in Dallas,
Texas. This Motion requests the Court to transfer and consolidate cause number JC-20-
th
00987-W-304th from the 304 District Court of Dallas County, Texas to cause number
2010-40863-362 in the 362nd District Court of Denton County, Texas (See Attachment 15).
11. On December 29, 2020, the court ordered the transfer of cause number JC-20-00987-W-
304th from the 304th District Court of Dallas County, Texas to cause number 2010-40863-
362 in the 362nd District Court of Denton County, Texas. The cases were not ordered to be
consolidated (See Attachment 16). Cause number JC-20-00987-W-304th was changed to
21-0686-362 once the transfer was accepted by the Denton County District Clerk’s Office
on January 26, 2021.
12. Pursuant to chapter 155.201(b) of the Texas Family Code, it would have been mandatory
to transfer this case to Dallas County, Texas if this case had been originally filed in Denton
County because the children have not resided in Denton County for the last six months and
they have resided in Dallas County for longer than six months.
13. Further, pursuant to section 155.202(b), it is necessary for this cause to be consolidated
into cause number 2010-40863-362 and for that cause to be transferred to Dallas County,
Texas for the convenience of the parties and witnesses since that is where the parents and
the children reside.
14. Further, pursuant to section 262.203(a)(1) of the Texas Family Code, the transfer of cause
number JC-20-00987-W-304th from the 304th District Court of Dallas County, Texas to
Denton County, Texas was not necessary for the convenience of the parties or in the best
interest of the children since all of the parties involved reside in Dallas County, Texas.
15. Further, pursuant to section 262.203(a)(2), the 304th District Court of Dallas County
should have ordered the transfer of the suit from the court of continuing, exclusive
jurisdiction, 2010-40863-362, to Dallas County.
16. As of the date of filing this motion, there has been no change to the residence of the parties
or children the subject of this suit.
Prayer
Movant prays that cause number 21-0686-362 be consolidated into cause number 2010-
40863-362, and that all causes be transferred back to Dallas County, where all of the parties
involved have been residing for over six months and continue to reside.
Movant prays for all other relief to which it is entitled.
Respectfully Submitted,
/s/ Alexandra M. Horton
Alexandra M. Horton
Attorney for Movant, Department of Family and
Protective Services
1450 E. McKinney, Suite 3100
Denton, Texas 76209
Alexandra.Horton@dentoncounty.gov
phone: (940) 349-2600
fax: (940) 349-2608
State Bar # 24090870
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been sent by e-file service to the
parties in accordance with the Texas Rules of Civil Procedure on February 4, 2021.
/s/Alexandra M. Horton
Alexandra M. Horton
Attorney for Movant
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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 362 IN THE INTEREST OF IN THE DISTRICT COURT CIENNA HOPE PANTUSO DAVISON AKA CIENNA DAVISON AND CAMARIE LATHRINE DAVISON AKA CAMARIIE DENTON COUNTY, TEXAS JENKINS THE CHILD JUDICIAL DISTRICT MOTION TO CONSOLIDATE AND TRANSFER Comes now, Petitioner, Department of Family and Protective Services (“the Department”), and files this Motion Consolidate and Transfer, and shows in support: The Respondent Mother filed an Application for Protective Order in Denton County under cause number 2010 40863 on June 24, 2010 See Attachment 1). An Ex Parte Temporary Protective Order was granted on the same day (See Attachment 2) and a Protective Order was granted on July 8, 2010 (See Attachment 3). The same Protective Order was later vacated by the Court, after receiving a letter from Respondent Mother See Attachment 4 This matter was heard in the 362 Judicial District Court of Denton County in Denton, Texas. The Department filed an nal Petition for Termination on May 11, 2015 in cause number 15 See Attachment 5 hat suit was later nonsuited on August 20, 2015 (See Attachment 6 This matter was heard in Judicial District Court of Denton County in Denton, Texas. The Respondent Father filed a Motion to Modify Parent Child Relationship and to Vacate Protective Order and to Confirm Child Support Arrearage into cause number in 2011 See Attachment 7 and the Office of the Attorney General later filed a Suit for Modification of Child Support Order in 2018 See Attachment 8 There was a Final Order entered in cause number in May of 2018 (See Attachment 9 This matter was heard Judicial District Court of Denton County in Denton, Texas. On November 18, 2020, the Office of the ttorney eneral filed a uit ffecting the rent hild elationship (AOP) for Modification, and Motion to Confirm Support Arrearage in cause number 40863 in the 362 Judicial District Court of Denton County in Denton, Texas See Attachment 10 That Petition was nonsuited on January 14, 2021 (See Attachment 11). Respondent Mother and Respondent Father filed a Joint Motion to Transfer Case from Court of Continuing Jurisdiction into the same cause on January 28, 2021 (See Attachment 12). 5. On December 2, 2020, the Department filed an Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship into cause number JC-20-00987, in the 304th Judicial District Court of Dallas County in Dallas, Texas. An Ex Parte Order for Emergency Care and Temporary Custody was signed by the Judge that same day (See Attachment 13). The Court has jurisdiction to render temporary orders for the protection of the children pursuant to Chapter 262, Texas Family Code. 6. In Respondent Father and Mother’s Joint Motion to Transfer in cause number 2010-40863- 362, the Respondent Parents state the following reasons for this case to be transferred to Dallas County (See Attachment 12): a. there has never been a suit filed in Denton County concerning the child, CAMARIE LATHRI DAVISON; b. the child, CAMARIE LATHRI DAVISON has never resided in Denton County; c. the child, CAMARIE LATHRI DAVISON has resided in Dallas County since her birth; d. the child, CIENNA HOPE PANTUSO DAIVSON has resided in Dallas County continuously since 2015; and e. the Respondent Parents have resided in Dallas County continuously since 2015, which was prior to and subsequent to the last order entered in Denton County. 7. Pursuant to chapter 155.201(b) of the Texas Family Code, a mandatory transfer is required if it is shown that the children have not resided in Denton County for the preceding six months and the children have resided in the county where the case is to be transferred for more than six months. Further, pursuant to section 155.202(b), for the convenience of the parties and witnesses, and upon a timely motion, the Court may transfer the proceedings to the county where the parents and children reside. 8. On December 28, 2020, the Respondent Mother filed a Motion to Retain Jurisdiction to Transfer Case to Dallas County and to Consolidate Proceedings in cause number JC20- 00987-W in the 304th Judicial District Court of Dallas County in Dallas, Texas (See Attachment 14). This Motion reiterates the requests for all of these cases to be transferred to Dallas County pursuant to section 262.203(a)(2) of the Texas Family Code. 9. Pursuant to section 262.203(a)(1) of the Texas Family Code, the court that rendered the temporary order shall transfer the suit to the court of continuing, exclusive jurisdiction, if the court finds that the transfer is necessary for the convenience of the parties and in the best interest of the child. Further, pursuant to section 262.203(a)(2), the court that rendered the temporary order shall order transfer of the suit from the court of continuing, exclusive jurisdiction. 10. The Department’s Motion for Transfer and for Consolidation of Proceedings was also filed on December 28, 2020 in the 304th Judicial District Court of Dallas County in Dallas, Texas. This Motion requests the Court to transfer and consolidate cause number JC-20- th 00987-W-304th from the 304 District Court of Dallas County, Texas to cause number 2010-40863-362 in the 362nd District Court of Denton County, Texas (See Attachment 15). 11. On December 29, 2020, the court ordered the transfer of cause number JC-20-00987-W- 304th from the 304th District Court of Dallas County, Texas to cause number 2010-40863- 362 in the 362nd District Court of Denton County, Texas. The cases were not ordered to be consolidated (See Attachment 16). Cause number JC-20-00987-W-304th was changed to 21-0686-362 once the transfer was accepted by the Denton County District Clerk’s Office on January 26, 2021. 12. Pursuant to chapter 155.201(b) of the Texas Family Code, it would have been mandatory to transfer this case to Dallas County, Texas if this case had been originally filed in Denton County because the children have not resided in Denton County for the last six months and they have resided in Dallas County for longer than six months. 13. Further, pursuant to section 155.202(b), it is necessary for this cause to be consolidated into cause number 2010-40863-362 and for that cause to be transferred to Dallas County, Texas for the convenience of the parties and witnesses since that is where the parents and the children reside. 14. Further, pursuant to section 262.203(a)(1) of the Texas Family Code, the transfer of cause number JC-20-00987-W-304th from the 304th District Court of Dallas County, Texas to Denton County, Texas was not necessary for the convenience of the parties or in the best interest of the children since all of the parties involved reside in Dallas County, Texas. 15. Further, pursuant to section 262.203(a)(2), the 304th District Court of Dallas County should have ordered the transfer of the suit from the court of continuing, exclusive jurisdiction, 2010-40863-362, to Dallas County. 16. As of the date of filing this motion, there has been no change to the residence of the parties or children the subject of this suit. Prayer Movant prays that cause number 21-0686-362 be consolidated into cause number 2010- 40863-362, and that all causes be transferred back to Dallas County, where all of the parties involved have been residing for over six months and continue to reside. Movant prays for all other relief to which it is entitled. Respectfully Submitted, /s/ Alexandra M. Horton Alexandra M. Horton Attorney for Movant, Department of Family and Protective Services 1450 E. McKinney, Suite 3100 Denton, Texas 76209 Alexandra.Horton@dentoncounty.gov phone: (940) 349-2600 fax: (940) 349-2608 State Bar # 24090870 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been sent by e-file service to the parties in accordance with the Texas Rules of Civil Procedure on February 4, 2021. /s/Alexandra M. Horton Alexandra M. Horton Attorney for Movant