This case concerned a mother's attempt to enforce a child support order through contempt proceedings against her former husband, who was $4,600 in arrears on payments for their minor daughter. The trial court granted a mandatory legislative continuance under Texas statute article 2168a because the father's attorney was a state legislator attending a session, postponing the hearing until after the legislative session ended. The mother sought mandamus relief, claiming the delay would cause her irreparable harm given her financial hardship and need for immediate support. The court held that the statute's requirement for mandatory continuances violates the due process protections of the Fourteenth Amendment and the Texas Constitution when the delay would inflict irreparable injury on a party or child by depriving them of vested rights without an adequate remedy.

family lawprocedure