Form 26-7

This motion requesting temporary orders pending appeal is for use after judgment is rendered. For a request to be made at an earlier stage of the proceeding, see form 3-47. A motion seeking temporary orders pending appeal may not be filed after the date on which the requesting party is required to file notice of appeal. See Tex. Fam. Code §§ 6.709(h)(2), 109.001(b–1)(2).

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Temporary Orders Pending Appeal

This Motion for Temporary Orders Pending Appeal is brought by [name of movant], [party designation], in accordance with [section 6.709(a)/section 109.001/sections 6.709(a) and 109.001] of the Texas Family Code. In support, [name of movant] shows:

1.This Court entered its [name of final order] on [date].

2.[On [date] [[name of movant]/[name of respondent]] filed a notice of appeal in this case./This motion is filed on or before the date by which [name of movant] is required to file [his/her] notice of appeal./This motion is being filed prior to trial based on indications that an appeal is likely.]

3.[Name of movant] requests the Court, after notice and hearing, to dispense with the issuance of a bond between the spouses and to render a temporary order as considered equita­ble and necessary [for the preservation of the property and for the protection of the parties/to preserve and protect the safety and welfare of the child[ren]/for the preservation of the prop­erty and for the protection of the parties and to preserve and protect the safety and welfare of the child[ren]] during an appeal, including an order as follows:

a.Requiring the support of [name of movant].

b.Requiring [name] to pay [name of movant]’s reasonable and necessary attor­ney’s fees, court costs, and expenses.

c.Appointing a receiver for the preservation and protection of the property of the parties.

d.Awarding [name of movant] exclusive occupancy of the parties’ residence pending the appeal.

e.Enjoining [name] from dissipating or transferring the property awarded to [name of movant] in the Court’s property division.

f.Suspending the operation of all or part of the property division that is being appealed.

g.If [name] asks the Court to suspend the enforcement of the property division, requiring [name] to provide an appropriate amount of security for the appeal in addition to any other temporary relief granted.

h.Appointing [name of movant] and [name] temporary joint managing conser­vators [include if applicable: and designating [name of movant] as the conser­vator who has the exclusive right to designate the primary residence of the child[ren]].

i.Appointing [name of movant] temporary sole managing conservator.

j.Appointing [name of movant] temporary possessory conservator.

k.Ordering [name] to provide support for the child[ren], including the payment of child support and medical and dental support in the manner specified by the Court, while the appeal is pending.

l.Enjoining [name] from molesting or disturbing the peace of the child[ren] or of another party.

m.Restricting the primary residence of the child[ren] to [geographic area].

n.[Include one of the following: Awarding [name of movant] the exclusive right to designate the school the child[ren] will attend and to enroll the child[ren] in the school, subject to any eligibility or admissions requirements./Ordering the parties to enroll the child[ren] in the public schools for the attendance zone of [name of movant]’s residence./Ordering the parties to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one].]

o.Enjoining [name] from removing the child[ren] beyond [geographic area], acting directly or in concert with others.

p.Requiring [name] to pay [name of movant]’s reasonable and necessary post-judgment attorney’s fees, court costs, and expenses.

q.Requiring [name] to pay [name of movant]’s reasonable and necessary appel­late attorney’s fees, court costs, and expenses.

r.Requiring [name] to pay the amount of [postjudgment/appellate] attorney’s fees, court costs, and expenses awarded by a date certain, without being con­ditioned on the pursuit of an unsuccessful appeal, [as necessary for the pres­ervation of the property and for the protection of the parties during an appeal/to preserve and protect the safety and welfare of the child[ren] during an appeal/for the preservation of the property and for the protection of the par­ties and to preserve and protect the safety and welfare of the child[ren] during an appeal].

s.Suspending the operation of the order or judgment that is being appealed.

[Name of movant] prays that the Court enter temporary orders pending appeal.

[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]