IN RE: KYOKO CAMPBELL (2017)

MEMORANDUM OPINION

Kyoko Campbell seeks a writ of habeas corpus, complaining about the trial court's orders of contempt and commitment.¹ Campbell originally sought emergency relief, but she was released from jail on January 25, 2017. We deny the petition.

Real party in interest, Randall Gibson, filed a motion for enforcement of possession or access, alleging nine violations of provisions of the parties' divorce decree. On January 18, 2017, the trial court signed an order of commitment, finding Campbell was in contempt by committing three violations of the decree: (1) she picked up the children from school during Gibson's period of possession; (2) she purposely avoided a computer or phone to ensure the children were not able to communicate with Gibson; and (3) she failed to assist and encourage the children to return Gibson's telephone call. The order assesses punishment for all three violations at 180 days in jail. Campbell included proof that she was taken into custody on January 18, 2017, and that she was in the Harris County jail on the date the petition was filed.²

Campbell raises five issues: (1) she was not given Miranda warnings; (2) the scope of punishment exceeded what Gibson requested; (3) the allegations were not proven beyond a reasonable doubt; (4) the violated provisions were ambiguous; and (5) she was not given adequate notice of the allegations.

Campbell has the burden to provide this court with a record sufficient to establish her right for relief. See TEX. R. APP. P. 52.7(a). She has not provided a record of the hearing held on the motion to enforce, nor has she provided a complete record of relevant orders signed by the trial court. In the absence of a sufficient record containing the current contempt order and the hearing record, we are unable to evaluate the merits of her petition.

Because Campbell has not presented a sufficient record to support her request for relief, we deny her petition.

FOOTNOTES

1.   The underlying case is In the Interest of M.G., K.G., and P.G., cause number 2009-72786, pending in the 246th District Court of Harris County, Texas, the Honorable Charley Prine, presiding.

2.   This court has been advised that Campbell is no longer in custody, but without a record including any of the trial court's subsequently-signed orders, we are unable to determine if she remains under threat of incarceration.

PER CURIAM