The following month, the attorney ad litem appointed by the Texas court to represent the children filed a motion asking the Texas court to assume jurisdiction of this custody dispute and to modify both the California court's order and the Texas court's temporary order. The Texas court held a hearing on June 25, 2001 on Saavedra's petition for enforcement and the ad litem's motion to assume jurisdiction and modify the existing custody orders.
At the hearing, the trial court heard from several witnesses, including Anna Warde, a case worker with the Department. Warde opined that the home study conducted by the Alameda County CPS was "probably to date the worse [sic] home study I've ever seen." According to Warde, the home study was based entirely on information supplied tobeen convicted of molesting a younger female family member, had never enjoyed unsupervised visitation with his young daughters in California or in Texas. The same California court that awarded Saavedra sole legal custody of the children had previously required that Saavedra's access to them be supervised. And yet, seemingly determined to punish Schmidt without regard for the children's best interests, the California court decided that Saavedra was suddenly qualified to have sole custody of the children. Schmidt, on the other hand, was prohibited from having any contact with the children because she had violated prior court orders. The Texas court was rightfully alarmed that sole custody of two young girls was awarded to a registered sex offender, while their mother was not allowed to maintain any contact with