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Van Heerden v. Van Heerden

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Affirmed in Part and Reversed and Remanded in Part and Opinion filed August 31, 2010.

OPINION

Appellant Ann E. Van Heerden appeals the trial court’s judgment of the final divorce decree between herself and appellee Casper J. Van Heerden. Ann specifically appeals the sections of the decree concerning conservatorship, travel restrictions, and the division of the marital estate. Ann contends that: (1) the trial court erred in deciding Casper should be primary joint managing conservator of the children because the parties had an unrevoked stipulation that Ann would be primary conservator; (2) Ann was deprived of her due-process rights because the trial court’s judgment was contrary to the parties’ stipulation; (3) the trial court erred because it violated the parties’ stipulation, which Ann argues was an effective Rule 11 agreement; (4) the trial court abused its discretion in awarding primary conservatorship to Casper because there was no evidence or pleadings supporting the judgment; (5) the trial court abused its discretion by including travel restrictions in the final divorce decree; (6) the trial court erred in striking the testimony of Ann’s three fact witnesses on the basis that Ann’s disclosure responses did not conform with Texas Rule of Civil Procedure 194.2(e); and (7) the trial court abused its discretion because in dividing the marital estate, the court used incorrect property values. We affirm in part, and reverse in part, and remand for further proceedings consistent with this opinion.

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