Ellenson v. Heckerman CA4/3
Scott C. Ellenson and Kapri Heckerman are the divorced parents of their adult son, B.E. B.E. is mentally and physically disabled. In 2008, Scott and Kapri settled a contested conservatorship proceeding over B.E. by agreeing to the entry of a negotiated order (2008 order) appointing Scott and Kapri as B.E.’s co-conservators and establishing a custody schedule. The 2008 order also contained a provision that one parent would pay the other parent a $250 daily payment for non-compliance with the custody and visitation schedule (per diem provision).
In 2015, Scott filed a petition to enforce the per diem provision for Kapri’s failure to assume custody of B.E. for 113 days (2015 petition). The trial court denied Scott’s petition. Scott contends the order denying enforcement of the 2015 petition (2015 order) should be reversed.
Comments on Ellenson v. Heckerman CA4/3