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In Re: A.N.H.

An attempt to condition the support of one's child upon the ability to exercise visitation violates public policy.

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Rebecca Vaughn, mother of A.N.H., a child, appeals from an order denying her petition to modify the support payments due from the child’s father, Georges Abboud Hajje. Her various points of error concern whether the trial court abused its discretion in denying the relief because 1) the circumstances of the child materially and substantially changed and 2) the order sought to be modified violated public policy. We reverse.

Background

In 1998, the trial court signed an “Agreed Order on Motion to Modify the Suit Affecting the Parent-Child Relationship.” The relationship referred to was that between Vaughn, Hajje, and A.N.H. Therein, Vaughn and Hajje were appointed managing and possessory conservators, respectively. Also included in the document were provisions 1) denying Hajje visitation privileges with his daughter “until such time [she] initiates contact with [him] and/or expresses the desire to exercise visitation with” Hajje and 2) relieving Hajje of having to make his child support payments “until such time as visitation resumes between” the parent and child. *fn1 Through the petition to modify which resulted in the pending appeal, Vaughn sought to modify the provision relieving Hajje from supporting his child. Upon trial, the court executed a document entitled “Order Denying Relief in Suit to Modify” wherein it refused to grant Vaughn relief.

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