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Chapter 34

Form 34-31

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.]

Petition for Suspension of License for Failure to Comply with a Court Order Providing for Possession of or Access to [a] Child[ren]

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.

Include 2. if applicable.

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

3.This Petition for Suspension of License for Failure to Comply with a Court Order Providing for Possession of or Access to [a] Child[ren] is brought by [name of petitioner]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]

[Name of respondent], Respondent, whose Social Security number is [number], should be served [include if applicable: at [address, city, state, zip code]].

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

Name:

Sex:

Birth date:

Repeat above information for each additional child.

5.This Court has continuing, exclusive jurisdiction of the parties as a result of prior proceedings.

6.Respondent, [name of respondent], is believed to hold a license issued by [name of licensing agency].

Repeat above information for each additional license.

7.On [date] in Cause No. [number], styled “[style of case],” the Court signed an order that appears in the minutes of this Court and states in relevant part as follows: [quote exact language of order providing for possession or access]. A copy of the court order is attached to this petition as Exhibit [exhibit number/letter].

8.On [date] in Cause No. [number], styled “[style of case],” an enforcement pro­ceeding under chapter 157 of the Texas Family Code, the Court issued an enforcement order finding that Respondent had failed to comply with the terms of the court order described above. A copy of the order of enforcement is attached to this petition as Exhibit [exhibit number/letter].

9.The suspension of [name of respondent]’s license[s] is required under section 232.003 of the Texas Family Code.

10.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner] 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. Petitioner requests postjudgment interest as allowed by law.

Petitioner prays that citation and notice issue as required by law.

Petitioner prays that the Court enter an order suspending every license specified herein, prohibiting Respondent from engaging in the licensed [activity/activities], for attorney’s fees and other costs, and for general relief.

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

Attach the exhibits containing a copy of the order providing for possession or access and a copy of the enforcement order.

For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18.