NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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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 Appear
[Enforcement of Child Custody Determination]
Respondent, [name of respondent], is ORDERED to appear and respond to Petitioner’s Petition for Enforcement of Child Custody Determination in the [designation of court] at [address of court] at [time] on [date]. [Include if applicable: It is impossible for the court to hold the hearing before that date.]
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Include the following if applicable. |
Respondent, [name of respondent], is FURTHER ORDERED to appear with the child[ren], [name[s] of child[ren]], at this hearing.
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Continue with the following. |
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Use the following paragraph if the hearing will be only in-person. |
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 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]].
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Use the following paragraph if the hearing will be both in-person and remote. |
Respondent, [name], is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court described above. All other participants are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court described above 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]. 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.
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Continue with the following. |
Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims.
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 award Petitioner, [name of petitioner], immediate physical custody of the child[ren], [name[s] of child[ren]] [and/,] to order the payment of fees, costs, and expenses in accordance with section 152.312 of the Texas Family Code [include if applicable: , and to schedule a hearing to determine whether further relief is appropriate], unless Respondent, [name of respondent], appears and establishes one of the following:
1.that the child custody determination has not been registered and confirmed under section 152.305 of the Texas Family Code and that the issuing court did not have jurisdiction under subchapter C of chapter 152 of the Texas Family Code;
2.that the child custody determination has not been registered and confirmed under section 152.305 of the Texas Family Code and that the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter C of chapter 152 of the Texas Family Code;
3.that the child custody determination has not been registered and confirmed under section 152.305 of the Texas Family Code and that Respondent was entitled to notice, but notice was not given in accordance with the standards of section 152.108 of the Texas Family Code, in the proceedings before the court that issued the order for which enforcement is sought; or
4.that the child custody determination for which enforcement is sought was registered and confirmed under section 152.305 of the Texas Family Code but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter C of chapter 152 of the Texas Family Code.
SIGNED on ________________________________.
JUDGE PRESIDING