Form 34-5

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Answer to Motion for Enforcement of Possession or Access

This Answer to Motion for Enforcement of Possession or Access is filed by [name of respondent], Respondent. [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]

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

2.Respondent denies the allegations of the Motion for Enforcement of Possession or Access.

3.The order sought to be enforced by Movant is incapable of enforcement, in that it is ambiguous and is not clear and specific enough in its terms that Respondent knows what duties or obligations are required.

4.Respondent has had insufficient notice of the hearing set on Movant’s Motion for Enforcement of Possession or Access and has had insufficient time to prepare to respond to the motion. In the interest of justice, hearing on Movant’s motion should be delayed and reset.

5.Movant’s Motion for Enforcement of Possession or Access is barred by the stat­utes of limitations.

6.[Movant/[Name]] voluntarily relinquished the actual care, control, and possession of the child[ren] for the time encompassed by court-ordered periods of possession of and access to the child[ren] alleged to have been interfered with.

7.Contrary to the allegations of the Motion for Enforcement of Possession or Access, [specifically describe acts of compliance with order].

Respondent prays that the Court deny Movant’s Motion for Enforcement of Possession or Access and that Respondent recover all attorney’s fees, expenses, and costs incurred.

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for Respondent