December 7, 2020: Phil Ross, attorney for Charlie Thrash’s wife, filed a Motion for Visitation in Judge Oscar Kazen’s court.
We pray Judge Kazen orders his guardian, Mary Werner, to allow visitation between husband and wife. A visit between Charlie & Laura will mark the first time since March 6, 2019 they have been allowed to see each other.
As friends of both Charlie and Laura, we are appalled at the inhumanity that Judge Kazen has allowed his choice of guardian, Shavano Park Mayor’s wife Mary Werner, to conduct herself towards Charlie and Laura. Not only is it cruel to intentionally and deliberately separate a husband and wife, even if they are “only common-law” married, it is a violation of the Texas Wards’ Bill of Rights.
Attorney Phil Ross writes in his Motion to allow this first visit since Judge Kazen legally ordered Charlie separated from Laura:
REQUEST FOR VISITATION
6 Defendants respectfully submit that the Court should allow visitation, which
is consistent with the SUBCHAPTER H. RIGHTS OF WARDS, Sec. 1151.351.
BILL OF RIGHTS FOR WARDS, during the pendency of this case. Subsection
(16) states that a Ward has a right to unimpeded, private, and uncensored
communication and visitation with persons of the ward’s choice, except that if the
guardian determines that certain communication or visitation causes substantial
harm to the ward.
Unfortunately, that last clause is boilerplate legalese that has to be written into these requests. This means that the guardian – in this case, Mary Werner who has separated husband & wife for no reason other than Mary’s personal ease of controlling her ward and maintaining her grip on how Charlie’s money is spent – can simply decide to deny visitation between husband & wife, because when Charlie and Laura have visited, they discuss how resentful they are of the abject cruelty and inhumane treatment they have received, ever since Judge Oscar Kazen (residing at 106 Fawn Dr, Shavano Park, TX 78231) ordered Laura removed as Charlie’s guardian on Jan 29, 2019, replacing Laura with the Mayor’s wife, Mary Werner (residing at 310 Fawn Dr, Shavano Park, TX 78231.)
Judge Oscar Kazen improperly removed Laura as guardian of her husband, and failed to follow Texas Estates Code Statutes, which require
- Notification of intent to remove a guardian (there was no notification before Jan 29, 2019 that Laura was to be removed as Charlie’s guardian);
- An evidentiary hearing to discuss the merits of removing the existing guardian (no evidentiary hearing was held since there was no notice given);
- A guardian can be removed without notice IF the court appoints both a guardian ad litem and an attorney ad litem, to protect the right of the Ward. Not only were neither a guardian ad litem or an attorney ad litem appointed, but Judge Kazen specifically and repeatedly denied both Charlie and his wife Laura the right to private legal counsel of Phil Ross.
Attached to the Motion for Visitation, is the customary proposed Order that is ready for Judge Oscar Kazen’s approval.
All that needs to happen for Charlie to see his wife, Laura, and her two children, Brittany and Joe, is for Judge Oscar Kazen to sign this Order.