Form 3-37

This cause of action may be brought against a spouse, a third party, or both. This material can be incor­porated, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preced­ing the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the complainant.) Select applicable paragraphs. Additional service is required if a third party is added as a co-respondent. See the practice notes at sec­tion 3.64.

Interference with Custody

1.Interference with Custody [direct action]

On or about [date] Respondent took or retained possession of [name of child], a child, from Petitioner and/or concealed the whereabouts of this child from Petitioner in violation of a court order that provided for a possessory interest in the child. Respondent was a party to the suit in which the court order was issued, or Respondent has actual notice of the existence and content of the order, or Respondent had reasonable cause to believe that the child was the sub­ject of a court order and that [his/her] actions were likely to violate this order.

2.Interference with Custody [indirect action]

On or about [date] Co-Respondent[s], [name[s] of co-respondent[s]], aided or assisted Respondent in taking or retaining possession of [name of child], a child, from Petitioner and/or aided and assisted Respondent in concealing the whereabouts of the child from Petitioner in violation of a court order that provided for a possessory interest in the child. Co-
Respondent[s] [was/were] a party to the suit in which the court order was issued, or Co-
Respondent[s] had actual notice of the existence and content of the order, or Co-
Respondent[s] had reasonable cause to believe that the child was the subject of a court order and that [his/her/their] actions were likely to violate this order. Co-Respondent, [name of co-respondent], may be served with citation at [address, city, state]. [Repeat for other co-respondents as applicable.]

3.Damages

This conduct in violating the court order proximately resulted in damages to Petitioner for which Petitioner now seeks relief. Those damages include the actual costs and expenses incurred by Petitioner in locating the child, the actual costs and expenses of Petitioner in recovering possession of the child, the attorney’s fees incurred in enforcing the court order that was violated [include if applicable: and in bringing the suit under chapter 42 of the Texas Family Code], and mental suffering and anguish.

4.Exemplary Damages

[Respondent/Co-Respondent[s]/Respondent and Co-Respondent[s]] acted with malice in engaging in this conduct, thus entitling Petitioner to exemplary damages within the jurisdic­tional limits of this Court.

5.Prayer

Petitioner prays for judgment against [Respondent/Co-Respondent[s]/Respondent and Co-Respondent[s]] in a sum within the jurisdictional limits of this Court for [his/her] actual damages as alleged, [include if applicable: for exemplary damages,] for prejudgment and post­judgment interest as allowed by law, for costs of court, and for general relief.