Texas judge refuses to sign order to return FLDS children

After a recess, she came back with her own proposed order. It required specific addresses for everyone in a household, unlimited access to the YFZ Ranch for caseworkers, the ability to remove children for interviews and order psychological and medical tests and blocked anyone in the custody case from leaving Texas while the investigation is ongoing.

Her proposed order said that anyone from the ranch, seeking to travel within Texas, must give 48 hours notice to CPS before traveling more than 60 miles.

Nancy DeLong, an attorney for several mothers, had numerous objections.

"This is a global order for everyone," she said. "The language is overbroad. We need individual hearings before any changes are made. There is no basis for any of these orders. It is not necessary. The court of appeals found there is no evidence to take these children."

So many attorneys objected at one point, they drowned each other out.

"I'll make some modifications," Walther said, taking another recess.

A proposed final order was circulated throughout the courtroom, but lawyers for the FLDS mothers still had objections, saying there were concerns specific to their individual clients.

"I understand y'all did not agree to this, but this is what I am going to sign and y'all can seek appropriate remedies," Walther said.

Lawyers again objected, saying that the language was not part of the deal they had made with the Texas Department of Family and Protective Services.

"The court does not have the power, with all due respect, to enter any other order (other than vacating the original order)," Julie Balovich of the Texas RioGrande Legal Aid Society argued over the telephone.

She said there was no evidence justifying the additional restrictions the judge was proposing.

Walther said that if they wanted the original order signed, they would have to get signatures from all of the mothers and the attorneys involved before she'd sign it. That is something the families' lawyers said would be impractical to do over the weekend.

Walther said she believed the Supreme Court's decision gave her the authority to impose whatever conditions she felt were necessary.

"The Supreme Court does say this court can place restrictions on the parents. I do not read that to say this court is required to have another hearing to do that," she said. "You may interpret it however you choose."

With that, the judge walked off the bench, saying she would await any submitted orders. Lawyers in the courtroom and over the phone were stunned.

"What did she say?" one attorney asked.

"Do we have another hearing?"

"What did she order?"