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Chapter 34

Form 34-24

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 Forfeiture of Security for Failure to Comply with Order Granting Possession of and Access to [a] Child[ren]

On [date] the Court heard Movant’s Motion for Forfeiture of Security for Failure to Comply 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

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 portions of order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]].

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 portions of order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. Respon­dent was ordered to [execute a bond/post security]. Such [bond/security] was paid through the registry of the Court on [date].

The Court further finds that Respondent has violated the order granting possession and access by denying [name] possession or access on the following occasions:

List specific failures to comply by the respondent.

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 the [bond/security] of Respondent be forfeited, and it is further ORDERED that the registry of the Court pay to Movant [number] dollars ($[amount]), including [number] dollars ($[amount]) for attorney’s fees and [number] dollars ($[amount]) for costs awarded to Movant, from the forfeited [bond/security].

Attorney’s Fees

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay [full amount of fees awarded less amount ordered paid from security or bond] dollars ($[amount]), 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 ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay [full amount of costs awarded less amount ordered paid from security or bond] dollars ($[amount]), 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(s) containing a copy (or copies) of the relevant portion(s) of the order(s).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Forms 34-25 through 34-30 are reserved.