NO. 01-14-01021-CV INTHE 1

' 1COURT OF APPEALS

INRE OUTI SALMINEN, Relator

RELATOR'S MOTION FORTEMPORARYRELIEF- EMERGENCY STAY

TO THIS HONORABLE COURT: Comes Now Relator, Outi Salminen, and asks the Court for an emergency stay ofRespondent's November 17, 2014, Order transferring custody ofa child to
aparent with whom the child has never resided. In support ofits Motion, Relator would showthe Couti as follows:A. Introduction 1. Relator is Outi Salminen, mother ofthe child; real party in interest is Milo Vassallo, father of the child; respondent is Hon. James Lombardino, trial comi judge ofthe 308 1" Judicial District Comi. 2. Relator filed herPetition for Writ ofMandamus on December 29, 2014. 3. Relator attaches a certificate of compliance certifYing that on January 15, ACCEPTED 01-14-01021-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 1/15/2015 10:49:37 AM CHRISTOPHER PRINE

CLERK2015, she notified the real party in interest by facsimile, and notified the respondent by hand delivery that amotion for temporary reliefwould be filed. Tex. R. App. P. 52.10(a). 4. Relator is entitled to emergency reliefbecause the underlying Order ofthe trial court would remove a twelve year old female child fi·om her mother, Outi Salminen, with whom she has continuously lived, and transfer the child to reside with her father, a man whom she has only seen no more than twenty-six (26) times in twelve (12) years. Given the potential traumatic effect ofsuch action, Relator requeststhat the trial court's order be stayed until this Court determines ifthe order
ISproper. 5. Specifically, the trial comt in the underlying proceeding at Cause No. 2014- 38918 in the 308111 Judicial District Comt ofHarris County, Texas issued an order titled "Temporary Orders" on November 17, 2014, which provided in relevant part that: IT IS ORDERED that Milo Vassallo is entitled to immediate physical custody ofthe child, [redacted]. IT IS FURTHER ORDERED that Outi Salminen shall immediately surrender the child to the custody ofMilo Vassallo. (child's name omitted)
... IT IS ORDERED that Outi Salminen's visitation with the child shall be under the supervision of an adult selected by Milo Vassallo on dates and times agreed to in advance by Milo Vassallo.

Salminen- Relator'sMotion for TemporaryRelief- EmergencyStay Page26. Prior to this Order, the real-party-in-interest, Milo Vassallo, had visited with the child no more than twenty-six (26) times over twelve (12) years. To suddenly, and without any transition period, force the minor female child into the primary custody ofMilo Vassallo would be emotionally traumatic to the child. 7. Additionally, Respondent Lombardino has effectively denied Relator, Outi Salminen's any possession and visitation with the child by granting Milo Vassallo the right to determine 

## ifand when Relator will have visitation with the child. Respondent order that Relator may only have visitation solely at Milo Vassallo's discretion. This extraordinary shift inthe custody ofthe child is not in the best interests ofthe child, who has been in the sole custody ofRelator since her bitih and has
never gone extended periods oftime without contact withRelator. B. Arguments and Authorities 8. The Comi may grant temporary relief pending its determination of an original proceeding. Tex. R. App. P. 52.1O(b). 9. This emergency stay is necessary to maintain the status quo ofthe patties and to preserve the Comi's jurisdiction to consider the merits of the original proceeding. In re Reed, 901 S.W.2d 604, 609 (Tex.App.-SanAntonio 1995, orig. proceeding).

Salminen -Relator'sMotionfor TempormyRelief- EmergencyStay Page310. No evidence was presented and Respondent made no finding that the child's present circumstances would significantly impair the child's physical health or emotional development. Therefore, no harm will result from staying the "Temporary Orders" of November 17, 2014, until this Court can consider the merits ofthe original proceeding. 11. The original proceeding before this Court goes to the heart ofthe issue of whether the trial court has jurisdiction to issue any temporary orders in the underlying cause. Should this Comi grant the mandamus, the trial comi would be limited in its ability to proceed inthe case. C. Conclusion 12. The child has been in the sole custody ofRelator for her entire life. There is
no evidence that the child is in any danger or that the child's present circumstances would significantly impair herphysical health or emotional development. 13. Pursuant to Texas Rule of Appellate Procedure 52.10(a), Relator requests this Comi to stay the trial court's ruling on Temporary Orders, and any fmiher proceedings by the trial comi, until such time as this Comi can mle as to the substantive and procedural deficiencies ofthe trial court's "Temporary Orders." D. Prayer 14. For the reasons stated in this motion, Relator asks the Court for an emergency stay to maintain the status quo ofthe parties and preserve the Comi's

Salminen- Relator'sMotionfor TemporwyReliefEmergencyStay Page4jurisdictionto considerthe merits ofRelator's original proceeding. submitted

Y, S te BarNo. 1' 554600 Calli Baldwin State BarNo. 24073691 Judith Sadler StateBarNo. 17511850 5300 Memorial Drive, Suite 900 Houston, Texas 77007 Tel: (713) 802-1777 Fax: (713) 802-1779 Counsel for Relator, Outi Salminen
Certificate ofConference I certify that on January 14, 2015, I communicated with Laura Dale's office and Ronnie Harrison's office by facsimile and have attempted in good faith to reach an agreement to stay the tempormy orders in this matter. We have been unable to reach an agreement.

Salminen- Relator'sMotion for TemporaryReliefEmergencyStay Page5CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthis Motion for Temporary Relief- Emergency Stay was served on this 15th day of January, 2015 to the following in the manner set forth below:
Via Facsimile: 713-600-1718 Ms. Laura Dale LauraDale & Associates, P.C. 1800 St. James Place, Suite 620 Houston, Texas 77056 Via HandDeliverv Hon. James Lombardino 3081 h Judicial DistrictCourt Harris County, Texas 1115 Congress, 7th Floor Houston, Texas 77002 Via Facsimile: 713-224-7950 Ronnie G. Harrison The HarrisonLaw Office 411 Fannin Street, Suite 350 Houston, Texas 77002

Salminen- Relator'sMotionfor TempormyRelief- EmergencyStay Page6Certificate ofCompliance Under Texas Rule ofAppellate Procedure 52.10(a), I hereby certify that on the 15th day ofJanuary, 2015, I notified the following individuals in the manner indicatebelowthat amotion for temporary reliefwould be filed. Via Facsimile: 713-600-1718 Ms. Laura Dale LauraDale & Associates, P.C. 1800 St. James Place, Suite 620 Houston, Texas 77056 Via HandDeliverv Hon. James Lombardino 3081 hJudicial DistrictCourt 201 Caroline Houston, Texas 77002 Via Facsimile: 713-224-7950 Ronnie G. Harrison The Harrison Law Office 411 Fannin Street, Suite 350 Houston, Texas 77002

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