Unreported / Non-Citable
Background
A.L. sought mandamus relief from two emergency orders entered by the 313th District Court of Harris County in a proceeding concerning A.L.’s children. An October 21, 2026 order granted the Texas Department of Family and Protective Services sole managing temporary conservatorship of the children pending a full adversary hearing scheduled for November 4, 2026.
A related October 22, 2026 order authorized a writ of attachment directing law enforcement to take custody of the children and deliver them to the Department pending that hearing. A.L. filed the mandamus petition on October 30, 2026 and also moved to stay the challenged orders while the appellate court considered the petition.
The Court’s Holding
The Texas First Court of Appeals denied the mandamus petition without prejudice. The court did not grant relief from either the emergency protection order or the related writ-of-attachment order before the scheduled adversary hearing.
The denial permits A.L. to seek additional mandamus relief if the challenged orders are extended beyond the November 4, 2026 hearing. Because the court resolved the petition, it dismissed A.L.’s related motion to stay the orders as moot.
Key Takeaways
- The court declined to disturb emergency orders temporarily placing A.L.’s children under the Department’s sole managing conservatorship.
- The mandamus denial was without prejudice to renewed relief if the orders continue beyond the scheduled adversary hearing.
- The accompanying motion to stay was dismissed as moot.
Why It Matters
The decision leaves the emergency child-protection arrangements in effect through the imminent adversary hearing while preserving the relator’s ability to return to the appellate court if those arrangements are extended. The brief memorandum opinion does not announce a broader rule or explain the merits of the underlying custody dispute.