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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.

Petitioner appeared in person and by attorney of record, [name]. Respondent, [name of respondent],

Select one of the following.

appeared in person and by attorney of record, [name].

Or

appeared in person.

Or

did not appear, although given notice as required by law.

Continue with the following.

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.