Form 44-8

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order in Suit to Modify for Sibling Access

1.Date of Hearing

On [date] the Court heard this case.

2.Appearances

Appearances

3.Jurisdiction

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited.

4.Jury

Jury

4.A.Waived

A jury was waived, and all questions of fact and of law were submitted to the Court.

4.B.Selected

A jury was duly selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

5.Record

Record

5.A.Waived
§ 105.003(c)

The making of a record of testimony was waived by the parties with the consent of the Court.

5.B.Reporter

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

6.Child[ren]

Child[ren]

The Court finds that the following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

Home state:

Social Security number:

Driver’s license number and issuing state:

7.Findings

Findings

7.A.Relief Denied

The Court finds that the petition to modify should be denied. IT IS ORDERED that all relief requested in the petition to modify is DENIED.

7.B.Modification Granted

The Court finds that the material allegations in the petition to modify are true and that the requested modification is in the best interest of the child[ren]. IT IS ORDERED that the requested modification is GRANTED.

8.Parenting Plan

Parenting Plan

The Court finds that the provisions in these orders relating to access to the child[ren] constitute [the parties’ agreed parenting plan/the parenting plan established by the Court].

9.Access

Access

IT IS ORDERED that nothing in this order shall supersede any term of any protective order or condition of bond, probation, or parole.

The Court finds that the following orders are in the best interest of the child[ren].

IT IS ORDERED that [name[s] of sibling[s]] [is/are] granted access to the child[ren] as follows: [state times and conditions for access].

10.Other Parenting Plan Requirements

11.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 mail 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.

12.Information Regarding Parties
§ 105.006(a)

Required Information

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name:

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

13.Required Notices
§§ 105.006(e), (e–1),105.007

Required Notices

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.

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.

14.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.

15.Attorney’s and Ad Litem Fees

Attorney’s [and Ad Litem] Fees

15.A.Attorney for Petitioner[s]

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attor­ney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent. Respondent is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.

•Attorney’s Fees on Appeal

IT IS FURTHER ORDERED that [name] is awarded a judgment of [number] dollars ($[amount]) against [name] for attorney’s fees on appeal for the benefit of [his/her] attorney, [name]. The judgment shall bear interest at [percent] percent per year compounded annually from the date the award is made final by the appropriate appellate court’s judgment, for which let execu­tion issue.

IT IS FURTHER ORDERED that the judgment of attorney’s fees on appeal rendered against [name] is conditioned on [his/her] pursuit of an ulti­mately unsuccessful appeal.

IT IS ORDERED that [name] shall be entitled to a remittitur of [num­ber] dollars ($[amount]) if a petition for review is granted by the Supreme Court of Texas but oral argument is not granted. 

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if briefing on the merits is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a responsive brief to the petition for review is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a petition for review is not filed with the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if there is no oral argument in the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appellate brief is not filed with the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appeal is not perfected to the court of appeals.

15.B.Ad Litem/Amicus for Child[ren]

The Court finds that [name of attorney or professional] has satisfactorily discharged all of [his/her] duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that [he/she] is hereby discharged and relieved of any further rights, duties, and responsibilities in this case. IT IS FURTHER ORDERED that [name of attorney or professional] is awarded [number] dollars ($[amount]) as [legal/professional] fees for services rendered as [guardian ad litem/attorney ad litem/amicus attorney]. [Include if applicable: The Court finds that the fees are necessaries for the benefit of the child[ren].] These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney or professional] by cash, cashier’s check, or money order on or before [date]. [Name of attorney or pro­fessional] may enforce this order for fees in [his/her] own name.

15.C.Ad Litem for Absent Party

IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name of absent party], who received process by substituted service but did not otherwise appear. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.

16.Costs
TCPRC § 31.007

Costs

16.A.One Party Due—No Judgment

All costs of court in this case are adjudged against [name], for which let execution issue.

16.B.One Party Due—Judgment

IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Petitioner/Respondent], [name], for costs of court incurred in this case, with interest at [percent] per­cent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.

16.C.Party Incurring

IT IS ORDERED that costs of court are to be borne by the party who incurred them.

16.D.Half to Each Party

IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent, [name], for which let execution issue.

16.E.Frivolous Suit
§ 156.005

The Court finds that the suit to modify was filed frivolously or designed to harass [Respondent/Cross-Respondent] and orders attorney’s fees of [num­ber] dollars ($[amount]) taxed as costs against [name].

17.Merger of Settlement Agreement

Merger of [Mediated/Collaborative Law] Settlement Agreement

This order is stipulated to represent a merger of a [mediated/collaborative law] settlement agreement dated [date] between the parties. To the extent there exist any differences between the [mediated/collaborative law] settlement agreement and this order, this order shall control in all instances.

18.[Discharge from] Discovery Retention Requirement
TRCP 191.4(d)

[Discharge from] Discovery Retention Requirement

IT IS ORDERED that the parties and their respective attorneys are dis­charged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Proce­dure.

IT IS ORDERED that any persons required to serve discovery materials shall maintain, for a period of [number] months after this order is signed, the originals or exact copies of all discovery materials produced during the pen­dency of this matter and not filed with the Court. If an appeal is begun within that [number]-month period, IT IS FURTHER ORDERED that the discovery materials shall be maintained while the appeal is pending.

19.Relief Not Granted

•Required in All Orders

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied. All other terms of the prior orders not specifically modified in this order shall remain in full force and effect.

20.Date of Order

Date of Order

SIGNED on ______________________________.

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ______________________________.

   
JUDGE PRESIDING

21.Approvals

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]

   
[Name]
[Guardian Ad Litem/Attorney Ad Litem/
      Amicus Attorney]
State Bar No.: [if applicable]
[Email address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent