Form 36-24

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Request for Warrant to Take Physical Custody of Child

1.Petitioner, [name of petitioner], requests a warrant to take physical custody of [name[s] of child[ren]]. On [date], Petitioner filed [title of petition seeking enforcement of child custody determination] in this Court.

2.The child[ren] currently [is/are] in the possession of Respondent[s], [name[s] of respondent[s]]. The present physical address of Respondent[s] is [[address, city], Texas/unknown]. Respondent[s] should be served at [that address/the following address: [address, city], Texas]. The child[ren]’s present physical address is [[address, city], Texas/unknown].

3.The court that issued the child custody determination was [identification of court]. The court did not identify the jurisdictional basis on which it relied in exercising jurisdiction.

3.The court that issued the child custody determination was [identification of court]. The court identified the following jurisdictional basis on which it relied in exercising jurisdic­tion: [state jurisdictional basis].

4.The determination for which enforcement is sought [has/has not] been vacated, stayed, or modified by a court whose decision must be enforced under chapter 152 of the Texas Family Code. [If determination has been vacated, stayed, or modified, identify court, cause number, and nature of proceeding.]

5.No proceeding has been commenced that could affect the current proceeding.

5.The following proceeding[s] [has/have] been commenced that could affect the cur­rent proceeding: [specify each proceeding, stating nature of suit (e.g., divorce, suit affecting parent-child relationship, request for protective order (or other such suit relating to domestic violence), termination of parental rights, and/or adoption) and identifying court, cause number, and nature of proceeding].

6.The child custody determination that is the subject of this enforcement action has been registered and confirmed in accordance with section 152.305 of the Texas Family Code on [date] in the [designation and location of court that registered child custody determination].

7.The Court should issue a warrant to take physical custody of [name[s] of child[ren]] because [allege all facts that support application by subparagraph, with each sub­paragraph corresponding to facts alleged by each person verifying this request].

8.Based on these facts, Petitioner believes that the child[ren] [is/are] imminently likely to [suffer serious physical harm/be removed from Texas/suffer serious physical harm and to be removed from Texas].

9.Petitioner asks the Court to direct law enforcement officers to take physical cus­tody of the child[ren] immediately. [Include if applicable: Petitioner further asks the Court to authorize law enforcement officials to enter private property to take physical custody of the child[ren] because a less intrusive remedy would not be effective.] [Include if applicable: Peti­tioner further asks the Court to authorize law enforcement officials to make a forcible entry at any hour.]

10.Petitioner asks the Court to provide for the safe interim placement of the child[ren] with [Petitioner/an appropriate person or entity] pending further order of the Court. Petitioner further asks the Court to impose any necessary conditions on the placement of the child[ren] to ensure the appearance of the child[ren] and the child[ren]’s custodian.

11.Petitioner seeks the following additional relief: [state additional relief sought].

12.It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney, to protect the rights of [name] and the child[ren] the subject of this suit. Respondent should be ordered to pay reasonable attorney’s fees and expenses, 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. Respondent should be ordered to pay all other costs of this proceeding.

Petitioner prays that the Court grant this Request for Warrant to Take Physical Custody of Child, for attorney’s fees, expenses, and costs, and for all further relief authorized by law.

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

Verification

The undersigned states under oath: “I have personal knowledge of the facts and allega­tions stated in [number[s] of paragraph[s]/subparagraphs], and they are true and correct.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas