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 on Petition for Enforcement of Child Custody Determination
On [date] the Court heard Petitioner’s Petition for Enforcement of Child Custody Determination.
Appearances
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Include appropriate recitations concerning appearances. See form 21-15. |
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Include the following if applicable. |
The child[ren] the subject of this suit, [name[s] of child[ren]], appeared [physically in the courtroom/by [specify electronic method of appearance, e.g., Zoom]].
Jurisdiction
The Court finds that it has jurisdiction over the parties to this suit and jurisdiction under chapter 152 of the Texas Family Code to enforce the child custody determination the subject of this suit.
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Include the following findings and order if the petition is granted. |
Findings
The Court finds that, pursuant to the child custody determination issued by the [designation] court in cause number [number], Petitioner, [name of petitioner], is entitled to immediate physical custody of the child[ren], [name[s] of child[ren]].
Order
IT IS ORDERED that Petitioner may take immediate physical custody of the child[ren], [name[s] of child[ren]], and that Respondent, [name of respondent], shall relinquish immediate physical custody of the child[ren] to Petitioner, [name of petitioner], at ______ o’clock, ___.m. at [address].
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Include the following findings and order if the petition is denied. |
Findings
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Select one of the following. |
The Court finds that the child custody determination sought to be enforced 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.
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Or |
The Court finds that the child custody determination sought to be enforced has not been registered and confirmed under section 152.305 of the Texas Family Code and that the child custody determination 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.
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Or |
The Court finds 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.
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Or |
The Court finds that the child custody determination sought to be enforced 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.
Order
IT IS ORDERED that Petitioner’s Petition for Enforcement of Child Custody Determination is DENIED.
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Continue with the following as applicable. |
IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], for [his/her] necessary and reasonable expenses incurred during the course of this proceeding for [include as applicable: costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, child care expenses]. The judgment shall bear interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.
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And/Or |
IT IS ORDERED that [specify any orders issued by the court for the assistance of law enforcement officials or to set a further hearing to determine whether additional relief is appropriate].
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING