Form 34-3

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion for Enforcement of Possession or Access

This Motion for Enforcement of Possession or Access is brought by [name of movant], Movant, [relationship or capacity]. [The last three numbers of Movant’s driver’s license num­ber are [numbers]./Movant has not been issued a driver’s license.] [The last three numbers of Movant’s Social Security number are [numbers]./Movant has not been issued a Social Secu­rity number.]

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.Movant is [the sole managing/a joint managing/a possessory] conservator.

4.The child[ren] the subject of this suit are:

Name:

Sex:

Birth date:

5.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.

5.A motion to transfer under chapter 155 of the Texas Family Code has been filed with the Court simultaneously with this motion.

6.The parties entitled to notice are as follows:

a.Respondent, [name of respondent], who is [the sole managing/a joint manag­ing/a possessory] conservator.

Process should be served [include if applicable: at [address, city, state, zip code]].

Respondent has been ordered under chapter 105 of the Texas Family Code to provide the clerk of the Court with a current mailing address. Respondent will be notified of this motion by the mailing of a copy of this motion and a notice of hearing by first-class mail to the address designated by Respondent on file with the clerk of the Court.

b.[Name], who is [specify interest in the litigation] and a party affected by the order sought to be enforced.

7.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:

7.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, the relevant portions of which are attached as Exhibit [exhibit number/letter].

Movant was the [petitioner/respondent] and Respondent was the [respondent/petitioner] in the prior proceedings.

8.Respondent has failed to comply with the order described above as follows:

9.Movant requests that for each violation alleged above, Respondent be held in con­tempt, jailed for up to 180 days, and fined up to $500, and that each period of confinement run and be satisfied [concurrently/consecutively].

10.Movant requests that after Respondent serves [his/her] sentence for criminal con­tempt, Respondent be confined in the county jail for a period not to exceed eighteen months (total for civil and criminal contempt) or until Respondent complies with the order of the Court, whichever comes first.

11.Movant requests that Respondent be placed on community supervision for ten years on release from jail or suspension of commitment.

12.On two or more occasions, Respondent has failed to comply with the order of the Court by failing to surrender the child[ren] to [name] as ordered. Movant requests that the Court order a bond or security for compliance with the Court’s order granting possession of or access to the child[ren].

13.Movant requests that the Court order additional periods of [possession/access] for Movant to compensate for those periods denied by Respondent.

14.Movant requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reason­able time within which to comply.

15.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of movant] and the child[ren] the subject of this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. [Include if applicable: Enforcement of the order is necessary to ensure the child[ren]’s physical or emotional health or welfare. The attorney’s fees and costs should be enforced by any means available for the enforcement of child support, including contempt but not includ­ing income withholding.] Movant requests postjudgment interest as allowed by law.

Movant prays that Respondent be held in contempt and punished as requested, that the Court order community supervision, that the Court order a bond or security, that the Court clarify any part of its prior order found not to be specific enough to be enforced by contempt, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

   
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

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

Order to Appear

[Motion for Enforcement of Possession or Access]

IT IS ORDERED that the hearing on Motion for Enforcement is set before the Court at [time] on [date].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact informa­tion]/can be found at [specify where the court publishes this information]].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the follow­ing information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Participants may appear before the Court by other means only if per­mitted by court order. The Court’s designated contact information [is [court’s designated con­tact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot participate by the electronic means set forth in this notice, has a tech­nological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

All participants, [including/except] Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following infor­mation: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Respondent is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom described above.] Participants may appear before the Court by other means only if permitted by court order. The Court’s designated con­tact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims or, for Respondent, the issuance of a capias.

Instructions for submitting evidence: [See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this infor­mation].]

Additional instructions for participating in the hearing: [None/See the Court’s instruc­tions attached to this order./See the Court’s instructions available at [specify where the court publishes this information].]

The purpose of this hearing is to determine whether the relief requested in the Motion for Enforcement should be granted, including whether Respondent should be immediately confined in jail.

SIGNED on ________________________________.

   
JUDGE PRESIDING