This form is for use in denying 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 denying 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 41-6 in this manual.
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 Denying Relief Requested in Motion for Temporary Order
On [date] Petitioner’s Motion for Temporary Order in Suit to Modify Parent-Child Relationship and Respondent’s Motion to Deny Relief Requested in Motion for Temporary Order were called to the attention of the Court.
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.
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Select one or both of the following as applicable. |
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].
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And/Or |
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].
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Continue with the following. |
The Court finds that 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.
IT IS ORDERED that the Motion for Temporary Order in Suit to Modify Parent-Child Relationship is DENIED and no hearing is set on that motion.
IT IS ORDERED that [name] is awarded judgment against [name] for [number] dollars ($[amount)]) for the benefit of [his/her] attorney[s], [name[s] of attorney[s]], such judgment bearing interest at [percent] percent per year from the date the judgment is signed until paid, for which let execution issue if not paid.
SIGNED on ________________________________.
JUDGE PRESIDING