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].

The Court finds that [name[s] of sibling[s]] [has/have] overcome the fit-parent presumption and [has/have] proved by clear and convincing evidence that the denial of the relief ordered would significantly impair the child[ren]’s physical health or emotional well-being. [Include the specific facts that support the court’s finding that denying the relief requested by the nonparent would sig­nificantly impair the child’s physical health or emotional development and the extent to which the nonparent has overcome the presumption under Tex. Fam. Code § 153.002(b).]

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:

Email address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

The Court finds that good cause exists, and IT IS THEREFORE ORDERED that the information identified by section 105.006(a) of the Texas Family Code regarding [[name of petitioner]/[name of respondent]/[name of any other party]] shall not be set forth in this order [except as set forth in the following paragraph].

The Court finds that requiring [[name of petitioner]/[name of respon­dent]/[name of any other party]] to provide an email address is not likely to endanger the safety of [[name of petitioner]/[name of respondent]/[name of any other party]]. The Court further finds that [[name of petitioner]/[name of respondent]/[name of any other party]] has provided the following email address at which [[name of petitioner]/[name of respondent]/[name of any other party]] may receive notice and service of process of subsequent motions, petitions, or other legal pleadings using the electronic filing system established under section 72.031 of the Texas Government Code and other legal docu­ments or required notices: [email address].

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 ($[amount]) for [include as appli­cable: reasonable and necessary attorney’s fees [of [number] dollars ($[amount])]/court costs [of [number] dollars ($[amount])]/expenses [of [num­ber] dollars ($[amount])]], 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 judgment 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 in [his/her] own name by any means available for the enforcement of a judgment for debt.

•Attorney’s Fees on Appeal

It is ORDERED that if [name] appeals from this decree to the court of appeals, then [name] is awarded attorney’s fees on appeal to be paid by [name] in the amount of [number] dollars ($[amount]), which sum represents the rea­sonable and necessary attorney’s fees, court costs, and expenses of [name] to defend against the appeal to the court of appeals.

IT IS ORDERED that the appellate attorney’s fees awarded to [name] for the court of appeals shall be conditioned upon [name]’s pursuit of an unsuccessful appeal. It is ORDERED that [name] shall pay the amount due to [name] at [address] on or before thirty days from the date of either (1) an opin­ion from the court of appeals which affirms the trial court’s final order speci­fied herein; (2) an order overruling the last timely filed motion for rehearing, if any; or (3) an order denying petition for review or affirming the trial court’s final order, whichever is later.

IT IS FURTHER ORDERED that the amount due shall constitute a final judgment against [name] and in favor of [name], bearing interest at the legal rate per annum from the date the mandate is issued in the appeal until paid, for which let execution issue if not paid.

The Court finds that an unconditional award of appellate attorney’s fees for the court of appeals is necessary [for the preservation of the property and for the protection of the parties/to preserve and protect the safety and welfare of the child[ren]/for the preservation of the property, for the protection of the parties, and to preserve and protect the safety and welfare of the child[ren]] during the pendency of the appeal. IT IS THEREFORE ORDERED that [name] shall pay the amount due to [name] at [address] on or before [date]. It is further ORDERED that the amount due, if not timely paid in accordance with these orders, shall constitute a final judgment against [name], and in favor of [name], bearing interest at the legal rate per annum from the date the man­date is issued in the appeal until paid, for which let execution issue if not paid.

In the event [name] makes application for a petition for review to the Supreme Court of Texas in the appeal from this decree; the Supreme Court of Texas requests response to the petition for review, briefing on the merits, or oral argument from [name]; and the petition for review is ultimately unsuc­cessful at any stage, then IT IS ORDERED that [name] is awarded attorney’s fees, court costs, and expenses on appeal to be paid by [name] in the amounts specified below for reasonable and necessary attorney’s fees, court costs, and expenses of [name] to respond, brief, or argue in the Supreme Court of Texas.

IT IS ORDERED that [name] shall pay the amount of [number] dollars ($[amount]) to [name] at [address] if a response to the petition for review is requested by the Supreme Court of Texas with [name] paying that sum on or before thirty days from the date of either (1) an order denying petition for review or (2) an order overruling the last timely filed motion for rehearing on denial of petition for review, if any, whichever is later.

IT IS ORDERED that [name] shall pay the additional amount of [num­ber] dollars ($[amount]) to [name] at [address] if briefing on the merits is requested by the Supreme Court of Texas with [name] paying that sum on or before thirty days from the date of either (1) an order denying petition for review or (2) an order overruling the last timely filed motion for rehearing on denial of petition for review, if any, whichever is later.

IT IS ORDERED that [name] shall pay the additional amount of [num­ber] dollars ($[amount]) to [name] at [address] if oral argument is requested by the Supreme Court of Texas with [name] paying that sum on or before thirty days from the date of either (1) an order denying petition for review or (2) an order overruling the last timely filed motion for rehearing on denial of petition for review, if any, whichever is later.

The Court finds that an unconditional award of appellate attorney’s fees for the Supreme Court of Texas is necessary [for the preservation of the prop­erty and for the protection of the parties/to preserve and protect the safety and welfare of the child[ren]/for the preservation of the property, for the protection of the parties, and to preserve and protect the safety and welfare of the child[ren]] during the pendency of the appeal. In the event [name] makes appli­cation for a petition for review to the Supreme Court of Texas in the appeal from this decree and response, briefing, and/or oral argument from [name] is requested by the Supreme Court of Texas, then IT IS ORDERED that [name] is awarded attorney’s fees on appeal to be paid by [name] in the amounts spec­ified below for reasonable and necessary attorney’s fees, court costs, and expenses of [name] to respond, brief, or argue in the Supreme Court of Texas.

IT IS ORDERED that [name] shall pay the amount of [number] dollars ($[amount]) to [name] at [address] on or before [number] days following the date on which the Supreme Court of Texas requests a response from [name] to the petition for review.

It is ORDERED that [name] shall pay the additional amount of [num­ber] dollars ($[amount]) to [name] at [address] on or before [number] days fol­lowing the date on which the Supreme Court of Texas requests briefing on the merits.

It is ORDERED that [name] shall pay the additional amount of [num­ber] dollars ($[amount]) to [name] at [address] on or before [number] days fol­lowing the date on which the Supreme Court of Texas requests oral argument on the petition for review.

It is further ORDERED that the amounts due, if not timely paid in accor­dance with these orders, shall constitute individual final judgments against [name], and in favor of [name], bearing interest at the legal rate per annum from the date the mandate is issued in the appeal until paid, for which let exe­cution issue if not paid.

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 reasonable and necessary [legal/professional] fees, court costs, and expenses 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 amount 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.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

The agreements in this Order in Suit to Modify for Sibling Access were reached [in mediation with [name of mediator]/pursuant to the collaborative law process]. 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/the parties have consented to those differences and waive all rights they may have under the [mediated/collaborative law] settlement agreement].

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