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Chapter 36

Form 36-15

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 to Return Child[ren]

On [date] a hearing was held in this Court on the petition of [name of petitioner] for a writ of habeas corpus to compel return of the child[ren] to Petitioner.

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

The Court finds that Petitioner is the person entitled by law to possession of the child[ren] [name[s] of child[ren]] and that Respondent has illegally confined and restrained the child[ren].

[Name of respondent] is ORDERED to deliver the child[ren] [name[s] of child[ren]] to the possession of [name of petitioner] at [address, city, state] at [time] on [date].

If the respondent did not appear or if the respondent appeared and did not bring the child(ren), include the following para­graph.

IT IS FURTHER ORDERED that the clerk of this Court immediately issue a writ of attachment commanding any sheriff or constable within the state of Texas to take the [body/bodies] of [name[s] of child[ren]], [a] child[ren], and deliver the child[ren] safely into the pos­session of [name of petitioner], Petitioner, at [address, city, state].

Continue with the following as applicable.

IT IS FURTHER ORDERED that [name of petitioner] is awarded judgment for [num­ber] dollars ($[amount]) for necessary travel and other expenses. The judgment bears interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment is awarded against [name of respondent], for which let execution issue.

And/Or

IT IS FURTHER ORDERED that [name of attorney] is awarded judgment for [number] dollars ($[amount]) for legal services rendered. The judgment bears interest at [percent] per­cent per year compounded annually from the date the judgment is signed until paid. The judg­ment is awarded against [name of respondent], for which let execution issue. [Name of attorney] may enforce this judgment in [his/her] own name by any means available for the enforcement of a judgment for debt.

Continue with the following.

Costs of this action are taxed against Respondent, for which let execution issue.

SIGNED on ________________________________.

   
JUDGE PRESIDING

Forms 36-16 through 36-20 are reserved.