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.]
Temporary Orders in Suit to Modify Parent-Child Relationship
1.Date of Hearing
On [date] the Court heard Petitioner’s application for temporary orders.
2.Appearances
Appearances
2.A.Petitioner
Petitioner, [name of petitioner], [appropriate recitation concerning appearance; see form 21-15].
2.B.Respondent
Respondent, [name of respondent], [appropriate recitation concerning appearance; see form 21-15].
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Continue with the following as applicable. |
The parties have agreed to the terms of this order as evidenced by their signatures below.
2.D.Mediation
The parties have already attended mediation regarding temporary orders with [name of mediator].
3.Jurisdiction
Jurisdiction
The Court, after examining the record [include if applicable: and the agreement of the parties] and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that this Court has jurisdiction of this case and of all the parties.
Conservatorship
The following orders are for the safety and welfare and in the best interest of the following child[ren]:
Name:
Sex:
Birth date:
Home state:
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Repeat for each additional child. |
4.A.Appointment
IT IS ORDERED that [name] and [name] are appointed Temporary Joint Managing Conservators of the following child[ren]: [name[s] of child[ren]].
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Or |
IT IS ORDERED that [name] is appointed Temporary Sole Managing Conservator and [name] is appointed Temporary Possessory Conservator of the following child[ren]: [name[s] of child[ren]].
4.B.Rights and Duties
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Select as applicable. The rights of conservators can be limited by court order. |
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Include 4.B.1. if the parents are appointed temporary joint managing conservators. (If the parents are appointed temporary sole managing and possessory conservators, use 4.B.2. and 4.B.3.) If one or more nonparents are appointed temporary joint managing conservator, change title(s) as appropriate and modify the rights and duties of the nonparent(s) in accordance with Tex. Fam. Code §§ 153.371 and 153.376. |
4.B.1.Parents Temporary Joint Managing Conservators
a.Rights at All Times
§ 153.073
IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent temporary joint managing conservators, shall each have the following rights:
1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];
2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];
3.the right of access to medical, dental, psychological, and educational records of the child[ren];
4.the right to consult with a physician, dentist, or psychologist of the child[ren];
5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;
6.the right to attend school activities, including school lunches, performances, and field trips;
7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;
8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and
9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.
b.Duties at All Times
§ 153.076
IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent temporary joint managing conservators, shall each have the following duties:
1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];
2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. Warning: A CONSERVATOR commits an offense punishable as a Class C Misdemeanor if the CONSERVATOR fails to provide this notice;
3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
c.Rights and Duties during Periods of Possession
§ 153.074
IT IS ORDERED that, during their respective periods of possession, [name of petitioner] and [name of respondent], as parent temporary joint managing conservators, shall each have the following rights and duties:
1.the duty of care, control, protection, and reasonable discipline of the child[ren];
2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and
4.the right to direct the moral and religious training of the child[ren].
d.Other Rights and Duty of Petitioner
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)
IT IS ORDERED that [name of petitioner], as a parent temporary joint managing conservator, shall have the following rights and duty:
1.the exclusive right to designate the primary residence of the child [within [specify geographic area]/without regard to geographic location];
2.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;
3.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];
4.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];
5.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];
6.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;
7.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to make decisions concerning the child[ren]’s education;
8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to the services and earnings of the child[ren];
9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;
10.the [exclusive right/right, subject to the agreement of the other parent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s passport[s]; and
11.the [exclusive duty/duty, subject to the agreement of the other parent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint property of the parents.
e.Other Rights and Duty of Respondent
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)
IT IS ORDERED that [name of respondent], as a parent temporary joint managing conservator, shall have the following rights and duty:
1.the exclusive right to designate the primary residence of the child [within [specify geographic area]/without regard to geographic location];
2.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;
3.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];
4.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];
5.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];
6.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;
7.the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to make decisions concerning the child[ren]’s education;
8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to the services and earnings of the child[ren];
9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;
10.the [exclusive right/right, subject to the agreement of the other parent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s passport[s]; and
11.the [exclusive duty/duty, subject to the agreement of the other parent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint property of the parents.
f.Minimizing Disruption
§ 153.134(b)(3)
IT IS ORDERED that [include provisions to minimize disruption of the child[ren]’s education, daily routine, and association with friends].
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Include one of the following paragraphs if applicable, particularly if the right to make educational decisions is not allocated exclusively to one conservator. |
Notwithstanding any provision in this order to the contrary, IT IS ORDERED that [[name of petitioner]/[name of respondent]] shall have the exclusive right to enroll the child[ren] in school. Each conservator, during that conservator’s periods of possession, is ORDERED to ensure the child[ren]’s attendance in the schools in which [[name of petitioner]/[name of respondent]] has enrolled the child.
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Or |
Notwithstanding any provision in this order to the contrary, [name of petitioner] and [name of respondent] are each ORDERED to enroll the child[ren] [in the public school[s] for the attendance zone of [[name of petitioner]/[name of respondent]]’s residence/as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one]]. Each conservator, during that conservator’s periods of possession, is ORDERED to ensure the child[ren]’s attendance in [this/these] school[s].
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Include 4.B.2. if a parent is appointed temporary sole managing conservator or possessory conservator. |
4.B.2.Parent Temporary Sole Managing or Possessory Conservator
a.Rights at All Times
§ 153.073
IT IS ORDERED that, at all times, [name], as a parent temporary [sole managing/possessory] conservator, [include if applicable: and [name], as a parent temporary possessory conservator,] shall [each] have the following rights:
1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];
2.the right to confer with any other conservator of the child[ren] to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];
3.the right of access to medical, dental, psychological, and educational records of the child[ren];
4.the right to consult with a physician, dentist, or psychologist of the child[ren];
5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;
6.the right to attend school activities, including school lunches, performances, and field trips;
7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;
8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and
9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.
b.Duties at All Times
§ 153.076
IT IS ORDERED that, at all times, [name], as a parent temporary [sole managing/possessory] conservator, [include if applicable: and [name], as a parent temporary possessory conservator,] shall [each] have the following duties:
1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];
2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. Warning: A CONSERVAtor commits an offense punishable as a Class C Misdemeanor if the CONSERVAtor fails to provide this notice;
3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
c.Rights and Duties during Periods of Possession
§ 153.074
IT IS ORDERED that, during [his/her/their respective] periods of possession, [name], as a parent temporary [sole managing/possessory] conservator, [include if applicable: and [name], as a parent temporary possessory conservator,] shall [each] have the following rights and duties:
1.the duty of care, control, protection, and reasonable discipline of the child[ren];
2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and
4.the right to direct the moral and religious training of the child[ren].
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Include 4.B.3. if a parent is appointed temporary sole managing conservator. |
4.B.3.Exclusive Rights and Duty of Parent Temporary Sole Managing Conservator
§§ 153.132, 151.001(a)(4), (5), 105.002
IT IS ORDERED that [name], as parent temporary sole managing conservator, shall have the following exclusive rights and duty:
1.the right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic location];
2.the right to consent to medical, dental, and surgical treatment involving invasive procedures;
3.the right to consent to psychiatric and psychological treatment of the child[ren];
4.the right to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];
5.the right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];
6.the right to consent to marriage and to enlistment in the armed forces of the United States;
7.the right to make decisions concerning the child[ren]’s education;
8.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child[ren];
9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;
10.the right to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s passport[s]; and
11.the duty to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint property of the parents.
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Include 4.B.4. if a nonparent is appointed temporary sole managing conservator. |
4.B.4.Nonparent Temporary Sole Managing Conservator
a.Rights and Duties
§§ 153.371, 153.076, 105.002, 264.0111
IT IS ORDERED that [name of nonparent], as nonparent temporary sole managing conservator, shall have the following rights and duties:
1.the right to have physical possession and to direct the moral and religious training of the child[ren];
2.the duty of care, control, protection, and reasonable discipline of the child[ren];
3.the duty to provide the child[ren] with clothing, food, shelter, education, and medical, psychological, and dental care;
4.the right to consent for the child[ren] to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child[ren]’s medical records;
5.the right to receive and give receipt for payments for the support of the child[ren] and to hold or disburse funds for the benefit of the child[ren];
6.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child[ren];
7.the right to consent to marriage and to enlistment in the armed forces of the United States;
8.the right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];
9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;
10.the right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic location] and to make decisions regarding the child[ren]’s education;
11.if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child[ren] and to make any other decision concerning the child[ren] that a parent could make;
12.the right to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s passport[s];
13.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];
14.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
15.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
16.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
17.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
b.Annual Reports
§ 153.375
IT IS ORDERED that [name of nonparent] shall, each twelve months after the date of this order, file with the Court a report of facts concerning the child[ren]’s welfare, including the child[ren]’s whereabouts and physical condition.
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Include 4.B.5. if a nonparent is appointed a temporary possessory conservator. |
4.B.5.Nonparent Temporary Possessory Conservator
§§ 153.376, 153.377, 153.076
IT IS ORDERED that [name of nonparent], as a nonparent temporary possessory conservator, shall have the following right and duties during periods of possession:
1.the duty of care, control, protection, and reasonable discipline of the child[ren];
2.the duty to provide the child[ren] with clothing, food, and shelter; and
3.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren].
IT IS FURTHER ORDERED that [name of nonparent], as a nonparent temporary possessory conservator, shall have the following right and duties at all times:
1.the right of access to medical, dental, psychological, and educational records of the child[ren] to the same extent as the managing conservator[s];
2.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];
3.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
4.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
5.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
6.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
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Include 4.B.6. only if the primary residence of the child(ren) is restricted to a specific geographic area (as ordered in 4.B.1.d. or 4.B.1.e. for a joint managing conservator or 4.B.3. or 4.B.4. for the sole managing conservator). |
4.B.6.Geographic Area for Primary Residence
§§ 105.002, 153.133(c)
The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; to provide a safe, stable, and nonviolent environment for the child; and to encourage parents to share in the rights and duties of raising their child [include if applicable: after the parents have separated or dissolved their marriage]. IT IS ORDERED that the primary residence of the child[ren] shall be within [specify geographic area], and the parties shall not remove the child[ren] from [specify geographic area] for the purpose of changing the primary residence of the child[ren] until this geographic restriction is modified by further order of the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court.
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Caution: The following paragraph should be used only after careful consideration of the potential ramifications. See the practice notes at section 40.11. |
IT IS FURTHER ORDERED that this geographic restriction on the primary residence of the child[ren] shall be lifted if, at the time [name of sole managing conservator or joint managing conservator with right to designate] wishes to remove the child[ren] from [specify geographic area] for the purpose of changing the primary residence of the child[ren], [name of possessory conservator or joint managing conservator without right to designate] does not reside in [specify geographic area].
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Continue with the following. |
4.B.7.Notices to Other Conservator[s]
Except as expressly provided otherwise in this temporary order, IT IS ORDERED that all information of which a conservator is required to notify [the other/another] conservator and all documents or information that a conservator is required to provide to [the other/another] conservator shall be sent in the following manner:
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Include as applicable. |
a.hand delivery by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;
b.delivery to the recipient by first-class mail or by certified mail, return receipt requested, to the recipient’s last known mailing or residence address;
c.delivery to the recipient at the recipient’s last known mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States;
d.delivery to the recipient at the recipient’s electronic mail address as follows or to such other electronic mail address subsequently designated by the recipient:
[name of conservator]: [conservator’s email address]
[name of conservator]: [conservator’s email address]
|
Repeat as needed for other conservators. |
and in the event of any change in a recipient’s electronic mail address, that recipient is ORDERED to notify the other recipient[s] of such change in writing within twenty-four hours after the change;
e.delivery to the recipient at the recipient’s mobile telephone number by text message as follows or to such other mobile telephone number subsequently designated by the recipient:
[name of conservator]: [conservator’s mobile number]
[name of conservator]: [conservator’s mobile number]
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Repeat as needed for other conservators. |
and in the event of any change in a recipient’s mobile telephone number, that recipient is ORDERED to notify the other recipient[s] of such change in writing within twenty-four hours after the change; or
f.providing the document to the recipient by posting the document on the [name of coparenting website] Internet website program, in accordance with the provisions set forth below in this order.
4.B.8.Passport Application
22 CFR § 51.28
If a party applies for a passport for the child[ren], that party is ORDERED to notify the other [party/parties] of that fact no later than [number] days after the application.
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Include the following if applicable. |
IT IS ORDERED that if a parent’s consent is required for the issuance or renewal of a passport, that parent shall provide that consent in writing no later than [number] days after receipt of the consent documents, unless the parent has good cause for withholding that consent.
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See form 55-2 if international parental abduction is an issue. |
|
Include 4.B.9. if applicable. |
4.B.9.Tax Returns for Child[ren]
IT IS ORDERED that [name of party A] shall have the exclusive right and duty to prepare and file income tax returns for the child[ren]’s estate[s].
IT IS ORDERED that [name of party B] shall provide such information to [name of party A] as is requested to prepare federal income tax returns for the child[ren]’s estates within thirty days of receipt of a written request for the information, and in no event shall the information be provided later than [date]. As requested information becomes available after that date, [name of party B] is ORDERED to provide it to [name of party A] within ten days of [name of party B]’s receipt of the information.
|
If appropriate, see form 45-5 or 45-6 for temporary orders regarding rights and duties to be effective for the duration of a party’s military duty. |
|
Continue with the following. |
4.C.Possession and Access
IT IS ORDERED that nothing in this order shall supersede any term of any protective order or condition of bond, probation, or parole.
IT IS ORDERED that the temporary conservators shall have possession of the child[ren] at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, as follows: [set out times and general conditions for possession of or access to each child; if needed, adapt language from paragraph 10.H., form 23-1].
The periods of possession ordered above apply to [the/each] child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.
4.C.1.Electronic Communication
§ 153.015
For purposes of this order, the term “electronic communication” means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.
IT IS ORDERED that [[name]/the temporary conservators] shall have electronic communication with the child[ren] to supplement [his/her/their] periods of possession as follows: [set out times and general conditions of electronic communication between each child and each temporary conservator granted electronic communication with that child].
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If there is a finding of family violence in the order, include the following if applicable. |
The Court finds that, even though it has [made a finding of family violence/imposed supervised visitation between the child[ren] and [name]/made a finding of family violence and imposed supervised visitation between the child[ren] and [name]], the parties have agreed to periods of electronic communication between [name] and the child[ren]. IT IS THEREFORE ORDERED that, pursuant to the parties’ agreement, [name] shall have electronic communication with the child[ren] as follows: [set out times and general conditions of electronic communication with each applicable child in bold-faced, capitalized type, including any specific restrictions relating to family violence or supervised visitation required by other law to be included in a possession or access order].
|
Continue with the following. |
IT IS ORDERED that each conservator shall—
1.provide the other conservator[s] with the e-mail address[es] and other electronic communication access information of the child[ren] within [number] [hours/days] after the Court signs this order;
2.notify the other conservator[s] of any change in the e-mail address[es] or other electronic communication access information not later than twenty-four hours after the date the change takes effect; and
3.if necessary equipment is reasonably available, accommodate electronic communication with the child with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided in this order.
4.C.2.Restricted Periods of Access—Family Violence/Sexual Offense Resulting in Pregnancy
§ 153.004(d), (d–1)
4.C.2.a.Restricted Periods of Access—Family Violence
§ 153.004(d)(1), (d–1)
The Court finds that [name] has a history or pattern of committing family violence during the two-year period preceding the filing of this suit or during the pendency of this suit. The Court further finds that awarding [name] access to the child[ren] would not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren]. IT IS THEREFORE ORDERED as follows:
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Select as applicable. |
1.Visitation shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access]/on the days and times prescribed by [name of person or supervising agency or program]].
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And/Or |
2.All exchanges of possession of or access to the child[ren] shall occur at [specify place and address].
|
And/Or |
3.[Name] shall abstain from the consumption of alcohol or any controlled substance within the twelve hours before and during each of [name]’s periods of possession of or access to the child[ren].
|
And/Or |
4.[Name] shall attend [describe details of battering intervention and prevention program or treatment by mental health professional] and shall provide proof of such attendance to the Court within [specify].
4.C.2.b.Restricted Periods of Access—Sexual Offense Resulting in Victim’s Pregnancy with Child § 153.004(d)(2), (d–1)
The Court finds that [name] has engaged in conduct that constitutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code and, as a direct result of the conduct, the victim of the conduct became pregnant with [name]’s child, [name of child]. The Court further finds that awarding [name] access to the child would not endanger the child’s physical health or emotional welfare and would be in the best interest of the child. IT IS THEREFORE ORDERED as follows:
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Select as applicable. |
1.Visitation shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access]/on the days and times prescribed by [name of person or supervising agency or program]].
|
And/Or |
2.All exchanges of possession of or access to the child shall occur at [specify place and address].
|
And/Or |
3.[Name] shall abstain from the consumption of alcohol or any controlled substance within the twelve hours before and during each of [name]’s periods of possession of or access to the child.
4.C.3.Supervised Visitation—Family Violence or Child Abuse or Neglect
§ 153.004(e)
The Court finds that credible evidence has been presented that there is a history or pattern of [child neglect/child abuse/family violence/child neglect and abuse/child neglect and family violence/child abuse and family violence/child abuse, child neglect, and family violence] committed by [Petitioner/Respondent/[name], who [resides in [Petitioner/Respondent]’s household/is permitted by [Petitioner/Respondent] to have unsupervised access to the child[ren] during [Petitioner/Respondent]’s periods of possession of or access to the child[ren]]]. IT IS THEREFORE ORDERED that [Petitioner/Respondent]’s access shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access and general terms and conditions]/on the days and times prescribed by [name of person or supervising agency or program]].
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If appropriate, see form 45-5 or 45-6 for temporary orders regarding possession and access to be effective for the duration of a party’s military duty. |
|
Continue with the following. |
4.D.Termination of Orders on [Marriage/Remarriage]
§ 154.006(b)
The provisions of this order relating to conservatorship, possession, or access terminate on the [marriage/remarriage] of [name of petitioner] to [name of respondent] unless a nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code.
5.Child Support
Child Support
IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until further order of this Court.
|
Or |
IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per month, in two installments per month of [number] dollars ($[amount]) each, with the first installment of [number] dollars ($[amount]) being due and payable on [date] [include if applicable: , the second installment of [number] dollars ($[amount]) being due and payable on [date],] and a like installment of [number] dollars ($[amount]) being due and payable on the [specify] and [specify] day of each month thereafter until further order of this Court.
|
Or |
IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per week, beginning on [name of day], [date] with a like payment of [number] dollars ($[amount]) being due and payable on each [name of day] thereafter until further order of this Court.
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If properly requested by a party or if the support ordered varies from the statutory guidelines, include 5.D. (See form 26-10 for written request.) |
5.D.Statement on Guidelines
§ 154.130
In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on [date]:
1.[The amount of child support ordered by the Court is in accordance with the percentage guidelines./The application of the percentage guidelines in this case would be unjust or inappropriate.]
2.The net resources of [name of obligor] per month are $[amount].
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Include item 3. if applicable. |
3.The net resources of [name of obligee] per month are $[amount].
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Include the following as item 4. if suit was filed before September 1, 2021, or if obligor’s net resources are $1,000 per month or more, regardless of when suit was filed. |
4.The percentage applied to the first $9,200 of [name of obligor]’s net resources for child support is [percent] percent.
|
Or |
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Include the following as item 4. if suit was filed on or after September 1, 2021, and obligor’s net resources are less than $1,000 per month. |
4.The percentage applied to [name of obligor]’s net resources for child support is [percent] percent.
|
Include item 5. if applicable. |
5.The specific reasons that the amount of support per month ordered by the Court varies from the amount computed by applying the percentage guidelines of section [154.125/154.129] of the Texas Family Code are: [state reasons].
5.E.Withholding from Earnings
IT IS ORDERED that any employer of [name of obligor] shall be ordered to withhold the child support payments ordered in this order from the disposable earnings of [name of obligor] for the support of [name[s] of child[ren]].
5.F.Withholding as Credit against Support Obligation
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of [name of obligor] by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this order through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this order, the balance due remains an obligation of [name of obligor], and it is hereby ORDERED that [name of obligor] pay the balance due directly to the state disbursement unit as specified below.
5.G.Order to Employer
On this date the Court [signed/authorized the issuance of] an Income Withholding for Support. [See form 9-3.]
IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of obligor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www.texasattorneygeneral.gov/cs/payment-options-and-types.
IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge fees.
5.I.Change of Employment
IT IS FURTHER ORDERED that [name of obligor] shall notify this Court and [name of obligee] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of [name of obligor] and the name and address of [his/her] current employer, whenever that information becomes available.
5.J.Clerk’s Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, [name of obligee], [name of obligor], or an attorney representing [name of obligee] or [name of obligor], the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer.
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If the order to withhold is to be effective only if a delinquency or other violation of the order occurs, include 5.K. See Tex. Fam. Code §§ 154.007, 158.002. |
5.K.Suspension of Withholding from Earnings
The Court finds that [good cause exists/the parties have agreed] that no order to withhold from earnings for child support should be delivered to any employer of [name of obligor] as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney General Child Support Division is not providing services to [name of obligee]. For the purpose of this provision, a delinquency has occurred if [name of obligor] has been in arrears for an amount due for more than thirty days or the amount of the arrearages equals or is greater than the amount due for a one-month period. If a delinquency or other violation occurs or if the Office of the Attorney General Child Support Division begins providing services to [name of obligee], the clerk shall deliver the order to withhold earnings as provided above.
Accordingly, IT IS ORDERED that, as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney General Child Support Division is not providing services to [name of obligee], all payments shall be made through the state disbursement unit and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. If a delinquency or other violation occurs or if the Office of the Attorney General Child Support Division begins providing services to [name of obligee], all payments shall be made in accordance with the order to withhold earnings as provided above.
5.L.Health-Care and Dental Expenses
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Include provisions as required by Tex. Fam. Code §§ 154.181(c) and 154.1815(d) for continuation of coverage and/or for payment of health and dental insurance premiums and of unreimbursed health-care expenses. See form 41-10. |
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Include 5.M. if applicable. |
5.M.Private School, Day-Care Expenses
|
Include provisions for payment of private school expenses and/or day-care expenses. |
5.N.Termination of Orders on [Re]marriage of Parties but Not on Death of Obligee
§§ 154.006(b), 154.013(a)
The provisions of this order relating to current child support terminate on the [marriage/remarriage] of [name of obligor] to [name of obligee] unless a nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code. An obligation to pay child support under this order does not terminate on the death of [name of obligee] but continues as an obligation to [name[s] of child[ren]].
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If appropriate, see form 45-5 or 45-6 for temporary orders regarding support to be effective for the duration of a party’s military duty. |
Child Custody Evaluation
By separate order, the Court has appointed a child custody evaluator to conduct a child custody evaluation into and prepare a report on the circumstances and condition of the child[ren] the subject of this suit [,/and] the parties to this suit [include if applicable: , and the residence of any person requesting conservatorship of, possession of, or access to the child[ren] the subject of this suit]. [See form 56-24.]
7.Psychological or Psychiatric Evaluation
[Psychological/Psychiatric] Evaluation
IT IS ORDERED that [name] is appointed to interview, examine, evaluate, and consult with [Petitioner/Respondent/[name of child]] to prepare a [psychological/psychiatric] evaluation of [Petitioner/Respondent/[name of child]]. [Petitioner/Respondent] is ORDERED to pay the cost of the evaluation of [Petitioner/Respondent/[name of child]] when [name] requests payment. [Respondent/Petitioner] is ORDERED to contact [name] at [address], [telephone number], within [number] days of the date of these temporary orders to schedule the evaluation. [Respondent/Petitioner] is further ORDERED to cooperate with [name] and attend all appointments, interviews, tests, and evaluations scheduled with [name]. IT IS ORDERED that [name] shall provide a copy of [Respondent/Petitioner]’s evaluation to each party and each party’s attorney and shall not file the evaluation with the Court. IT IS ORDERED that [Respondent/Petitioner] shall execute all necessary releases to allow the parties and their attorneys to possess the evaluation, to use it in depositions in this suit, and to offer it into evidence in this suit.
8.Parent Education and Family Stabilization Course
Parent Education and Family Stabilization Course
IT IS ORDERED that [name] and [name] shall each individually register to attend a parent education and family stabilization course with [name of individual or facility] at [address and telephone number] on or before [date].
On completion of the course, [name] and [name] shall each obtain a certificate of completion. The certificate must state the name of the participant; the name of the course provider; the date the course was completed; and whether the course was provided by personal instruction, videotape instruction, instruction through an electronic means, or a combination of those methods.
Within ten days after completion of that parent education and family stabilization course, [name] and [name] are each ORDERED to file a certificate of completion or other comparable proof of completion of the course with the clerk of this Court and to provide a copy to the other party.
IT IS ORDERED that each party shall pay for the costs of that party’s own attendance at the course.
9.Parenting Coordinator/Facilitator
Parenting [Coordinator/Facilitator]
IT IS ORDERED that [name] is appointed parenting [coordinator/facilitator]. [Include appropriate provisions from form 16-18 or 16-19, including findings required under Tex. Fam. Code § 153.605(b) or § 153.6051(b).]
10.Ad Litem/Amicus
10.A.Guardian Ad Litem
Guardian Ad Litem
IT IS ORDERED that [name] is appointed guardian ad litem to represent the best interests of the child[ren]. [Include provisions for payment of ad litem fees.]
|
Or |
10.B.Attorney Ad Litem
Attorney Ad Litem
IT IS ORDERED that [name] is appointed attorney ad litem to provide legal services for the child[ren]. [Include provisions for payment of ad litem fees.]
|
Or |
10.C.Amicus Attorney
Amicus Attorney
IT IS ORDERED that [name] is appointed amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren]. [Include provisions for payment of amicus fees.]
11.ADR Participation
Dispute Resolution Participation
IT IS ORDERED that Petitioner, [name of petitioner], and Respondent, [name of respondent], shall attend [mediation/nonbinding arbitration/binding arbitration] with [name] on or before [date].
12.Tax Returns
Tax Returns
IT IS ORDERED that Respondent, [name of respondent], produce and deliver to [name and address of attorney] by [time] on [date] copies of Respondent’s income tax returns for tax years [years], a financial statement, and current pay stubs.
13.Execution of Releases
Execution of Releases
IT IS ORDERED that [Petitioner/Respondent], [name], shall execute the following releases: [specify].
Within [number] days after receipt of a written request from [the other/another] conservator, the conservator receiving the request is ORDERED to execute and provide to the requesting conservator—
1.all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator[s] to obtain health-care information regarding the child[ren]; and
2.for all health-care providers of the child[ren], an authorization for disclosure of protected health information to the other conservator[s] pursuant to the HIPAA and 45 C.F.R. section 164.508.
Each conservator is further ORDERED to designate [the/each] other conservator as a person to whom protected health information regarding the child[ren] may be disclosed whenever the conservator executes an authorization for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.
14.Pretrial Conference
Pretrial Conference
IT IS ORDERED [specify as appropriate under local practice].
15.Injunction
Injunction
The Court finds that, based on the public policy considerations stated in section 153.001 of the Texas Family Code, it is in the best interests of the child[ren] that the following temporary injunction be issued and related orders be entered. The requirement of a bond is waived.
IT IS ORDERED that [Respondent/Petitioner/the parties] and [his/her/their] agents, servants, employees, attorneys, and those persons in active concert or participation with [him/her/them] who receive actual notice of this order by personal service or otherwise are temporarily enjoined from:
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Select as required by petition. |
1.Disturbing Child[ren] or Another Party
1.Disturbing the peace of the child[ren] or of any other party.
|
And/Or |
2.Withdrawing Child[ren] from School or Day Care
2.Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.
|
And/Or |
3.Hiding Child[ren] from Petitioner
3.Hiding or secreting the child[ren] from [Petitioner/Respondent/the other party].
|
And/Or |
4.Disparaging Remarks
6.Making disparaging remarks regarding [Petitioner/Respondent/the other party] [include if applicable: or [Petitioner/Respondent/the other party]’s family] in the presence or within the hearing of the child[ren].
|
And/Or |
|
Use only if this issue is a serious matter in the suit. |
5.Consumption of Alcohol
4.Consuming alcohol within the [number] hours before or during each of [Respondent/Petitioner/the party]’s periods of possession of or access to the child[ren].
|
And/Or |
6.Affecting Health or Dental Insurance
5.Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the child[ren].
|
And/Or |
7.Travel Restriction
6.Removing the child[ren] beyond [specify geographic area], acting directly or in concert with others.
Bond
IT IS ORDERED that Respondent post a bond [or cash] in the amount of [number] dollars ($[amount]) with the clerk of this Court before removing the child[ren] from the jurisdiction of this Court.
17.Required Notices
§§ 105.006(e), (e–1), (e–2), 105.007
Required Notices
|
Include the following four paragraphs of 17. unless an exception exists under Tex. Fam. Code § 105.006(c). |
|
Tex. Fam. Code § 105.007(c) provides for waiver of the requirement of notice of change of information on motion by a party if the court finds the giving of notice would be likely to expose the child or the party to harassment, abuse, serious harm, or injury. See also Tex. Fam. Code § 105.006(c). |
Each person who is a party to this order is ordered to notify each other party, the Court, and the state case registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to each other party, the Court, and the state case registry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in sufficient time to provide 60-day notice, the party is ordered to give notice of the change on or before the fifth day after the date that the party knows of the change.
The duty to furnish this information to each other party, the Court, and the state case registry continues as long as any person, by virtue of this order, is under an obligation to pay child support or entitled to possession of or access to a child.
Failure by a party to obey the order of this Court to provide each other party, the Court, and the state case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of contempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.
Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at [address]. Notice shall be given to the state case registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
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Include the following paragraph if the order provides for possession of or access to a child. |
Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immunity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be punishable by confinement in jail for as long as two years and a fine of as much as $10,000.
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Include the following paragraph if the order provides for child support. |
The Court may modify this order that provides for the support of a child, if:
(1)the circumstances of the child or a person affected by the order have materially and substantially changed; or
(2)it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
18.Warnings to Parties
§ 105.006(d)
Warnings
Warnings to Parties: Failure to obey a court order for child support or for possession of or access to a child may result in further litigation to enforce the order, including contempt of court. A finding of contempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.
Failure of a party to make a child support payment to the place and in the manner required by a court order may result in the party’s not receiving credit for making the payment.
Failure of a party to pay child support does not justify denying that party court-ordered possession of or access to a child. Refusal by a party to allow possession of or access to a child does not justify failure to pay court-ordered child support to that party.
19.Attorney’s Fees
Attorney’s Fees
The Court finds that reasonable interim attorney’s fees and expenses to be paid by [name] to [name]’s attorney are necessary for [name] to conduct discovery and properly prepare for trial and to protect the best interest of the child[ren].
IT IS ORDERED that [name of respondent], Respondent, pay [number] dollars ($[amount]) to [name and address of attorney] by cash, cashier’s check, or money order on or before [time] on [date] for interim attorney’s fees and expenses.
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Include 20. if applicable. |
Service of Writ
[Include if applicable: Petitioner and] Respondent waive[s] issuance and service of the writ of injunction, by stipulation or as evidenced by [Respondent’s/the] signature[s] below. IT IS ORDERED that [include if applicable: Petitioner and] Respondent shall be deemed to be duly served with the writ of injunction.
21.Required in All Orders
Duration
These Temporary Orders shall continue in force until the signing of the final order or until further order of this Court.
SIGNED on ___________________________________.
JUDGE PRESIDING
22.Approvals
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Include the following in all orders unless there is a motion to sign temporary orders. |
APPROVED AS TO FORM ONLY:
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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If the parties agree to all the terms of the order and do not intend to challenge the order in appellate court, include the following. |
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
Petitioner
Respondent