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Chapter 34

Form 34-22

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

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

Order for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren]

On [date] the Court heard Movant’s Motion for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren].

Appearances

Include appropriate recitations concerning appearances. See form 21-15.

Proceedings

All matters of law and of fact were submitted to the Court, and the Court heard the evi­dence and considered the pleadings and argument of counsel.

Jurisdiction

The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

The making of a record of testimony was waived by the parties with the consent of the Court.

Or

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Findings

The Court finds that on [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that appears in the minutes of [this/the] Court [and states in relevant part as follows: [quote the exact language of the order to be enforced]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]].

The Court further finds that Respondent has failed to comply with that order by deny­ing possession or access on two or more occasions as follows:

List at least two specific failures to comply by respondent.

For example:

Count 1.   Respondent failed to surrender the children at Respon­dent’s address on March 6, 2020.

Count 2.   Respondent failed to surrender the children at Respon­dent’s address on April 3, 2020.

Count 3.   Respondent failed to surrender the children at Respon­dent’s address on April 17, 2020.

The Court further finds that attorney’s fees and costs of $[amount] should be assessed against Respondent.

Relief Granted

Security or Bond

IT IS THEREFORE ORDERED that [name of respondent], Respondent, [post a cash or surety bond of [number] dollars ($[amount]), payable to [name]/deposit with the Court [describe security]], conditioned on Respondent’s compliance with the order permitting pos­session of or access to the child[ren].

Attorney’s Fees

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay those fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt. [Include if applicable: The Court finds that enforcement of the order is necessary to ensure the child[ren]’s physical or emotional health or welfare. IT IS THEREFORE ORDERED that the attorney’s fees and costs awarded herein may be enforced by any means available for the enforcement of child support, including contempt but not including income withholding.]

Costs

IT IS ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address] on or before [time] on [date].

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING

If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order.