Unreported / Non-Citable
Background
Trevor Lloyd filed a suit affecting the parent-child relationship, asking that he and Charise Gawreluk be appointed joint managing conservators and that he receive the exclusive right to determine the child’s primary residence within Bexar County and contiguous counties. Gawreluk counterpetitioned for appointment as sole managing conservator and requested authority to designate the child’s primary residence without a geographic restriction.
After Gawreluk’s attorney withdrew, Gawreluk did not appear for the July 29, 2024 final hearing. The trial court entered a default final order granting Lloyd’s requested relief. Although the order stated that the parties had waived a record with the court’s consent, Gawreluk was neither present nor represented by counsel at the hearing, and no reporter’s record was made. She appealed and later unsuccessfully moved to set aside the default judgment.
The Court’s Holding
The Fourth Court of Appeals held that the trial court violated Texas Family Code section 105.003(c), which requires a record of a contested hearing involving a parent-child relationship unless the parties waive the record with the court’s consent. The statute imposes an affirmative duty on the trial court to ensure that a reporter’s record is made.
Because Gawreluk was absent and unrepresented, she could not waive the making of a record. The judgment’s recital that the parties had waived a record did not change that conclusion. The absence of a reporter’s record was error apparent on the face of the record and was harmful because it prevented Gawreluk from properly presenting her appeal. The court reversed the default final order and remanded the case for a new trial without reaching her remaining challenges concerning the child’s best interest, relief outside the pleadings, and child support.
Key Takeaways
- A trial court must ensure that a reporter’s record is made of a contested SAPCR hearing unless all parties validly waive it with the court’s consent.
- A party who is absent and unrepresented at the hearing cannot waive the making of the record.
- Entering a default SAPCR order without the required record is harmful, reversible error when the omission prevents meaningful appellate review.
Why It Matters
The decision reinforces a procedural safeguard in cases determining conservatorship, residence, support, and other parent-child issues. Even when one parent fails to appear for a final hearing, the court cannot rely on a purported waiver by the appearing party and proceed without creating a reviewable record.
For trial counsel and courts, the ruling underscores that default proceedings in contested SAPCR cases must be recorded. For an absent parent, the lack of a reporter’s record can require reversal and a new trial without appellate resolution of the order’s substantive provisions.