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Click here for the full text of this decision FACTS:Following a non-jury trial, Jackie L. Stein challenges those portions of the final decree of divorce 1. naming the father and her as joint managing conservators of their children; 2. designating the father as the primary joint managing conservator with the exclusive right to establish the primary residence of the children; and 3. ordering her to pay child support. HOLDING:The court reverses that portion of the trial court’s judgment relating to conservatorship, possession and child support, and remands those issues to the trial court for further proceedings. Jackie contends the trial court erred when it found there was no credible evidence presenting a history or pattern of past or present physical abuse by the father against her. The Legislature did not define the terms history or pattern when it enacted �153.004 of the Family Code. However, where, as here, the statute is clear and unambiguous, the rules of statutory construction are inappropriate, and the statute should be given its plain meaning. In common usage, the term history is defined as “events that form the subject matter of a history” or “events of the past.” Merriam-Webster’s Collegiate Dictionary 549 (10th Ed. 2002). From that definition, the court deduces that, although a single act of violence or abuse may not constitute a pattern, it can amount to a history of physical abuse. The court concludes that, because the acts of physical abuse were either conceded by the parties or revealed by other uncontradicted testimony at trial, as a matter of law credible evidence was presented of a history of physical abuse by one parent against the other parent. The trial court’s conclusion of law to the contrary is erroneous as a matter of law. Therefore, because the Family Code prohibits the appointment of joint managing conservators where a history of physical abuse is presented, the trial court abused its discretion in so designating Jackie and the father. OPINION:Reavis, J.; Johnson, C.J., and Reavis and Campbell, JJ.

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