Texas Supreme Court Order Regarding Child Possession and School Calendars

Numerous schools across our area had spring break last week. Others have spring break this week. COVID-19-related school closures that were announced on March 12, 2020 have caused some confusion about whether parents who have their children for spring break as part of a Standard Possession Order should return their children at 6:00 P.M. before school was scheduled to resume (for many in our area, that was this past Sunday).

Thankfully, the Texas Supreme Court provided an emergency order that clears up the situation. In part, the Supreme Court wrote:

“For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID- 19 pandemic.

“Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order(s), or courts from modifying their orders.

“This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court.