Form 41-11

This form is for use in seeking to deny relief requested in a motion for a temporary order creating a designation or changing the designation of the person having the exclusive right to designate primary residence or that would have the effect of creating a geographic area or of changing or eliminating the geographic area within which a conservator must maintain the child’s primary residence based on Tex. Fam. Code § 156.006(b)(1). See Tex. Fam. Code § 156.006(b–1).

For a form for use in seeking to deny relief in a suit seeking modification of the designation of the per­son having the exclusive right to designate primary residence filed within one year after the earlier of the date of the rendition of the order or the signing of a mediated or collaborative law settlement agree­ment on which the order is based (Tex. Fam. Code § 156.102), see form 41-5 in this manual.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Deny Relief Requested in Motion for Temporary Order

This Motion to Deny Relief in Motion for Temporary Order is brought by [name of movant], [party designation]. [Include the following if this is movant’s initial pleading: [The last three numbers of [name of movant]’s driver’s license number are [numbers]./[Name of movant] has not been issued a driver’s license.] [The last three numbers of [name of movant]’s Social Security number are [numbers]./[Name of movant] has not been issued a Social Secu­rity number.]] [Name of movant] shows in support:

1.The motion for a temporary order was filed on the basis that the child[ren]’s pres­ent circumstances would significantly impair the child[ren]’s physical health or emotional development.

The motion was filed to [create a/modify the] designation of the person having the exclusive right to designate the primary residence of the child[ren].

The temporary order requested would have the effect of [creating a/changing the/elimi­nating the] geographic area within which a conservator must maintain the primary residence of the child[ren].

2.Neither the motion nor any attachments provide the Court with adequate facts to support the allegation that the child[ren]’s present circumstances would significantly impair [his/her/their] physical health or emotional development.

3.[Name of movant] requests that the Court deny Petitioner’s motion for a temporary order to modify the designation of the person having the exclusive right to designate the pri­mary residence of the child[ren] sought in the Petition to Modify Parent-Child Relationship and refuse to schedule a hearing on the motion. [Name of movant] requests attorney’s fees, expenses, and costs, pursuant to the attached affidavit.

[Name of movant] prays the Court grant this motion.

   
[Name]
Attorney for [name of movant]
[Email address]
[Address]
[Telephone]
[Fax]