Form 45-10

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order for Additional Periods of Possession or Access

1.Date of Hearing

On [date] the Court heard Petitioner’s Petition for Additional Periods of Possession and Access based on Petitioner’s [military deployment/military mobilization/temporary military duty].

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].

2.C.Agreed Order

The parties have agreed to the terms of this order as evidenced by their signatures below.

2.D.Other Parties

[Name[s] and relationship[s] to child[ren]] [appropriate recitation con­cerning appearance[s]; see form 21-15]. [Include if applicable: [Name[s]] [has/have] agreed to the terms of this order, as evidenced by the signature[s] below.]

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.

4.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:

5.Orders for Additional 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 [name] shall have additional possession of and access to 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 that petitioner is awarded].

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, are in addition to and not in lieu of the periods of pos­session and access ordered in the Court’s prior order, and are in the best inter­est of [the/each] child.

6.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.

7.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.

8.Attorney’s Fees

Attorney’s Fees

8.A.One Party Pays

The Court finds that reasonable attorney’s fees and expenses to be paid by [name] to [name]’s attorney are necessary to protect the best interest of the child[ren].

IT IS ORDERED that [name] 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 attorney’s fees and expenses.

8.B.Each Pays Own

IT IS ORDERED that the attorney’s fees in this case are to be borne by the party who incurred them.

9.Costs

Costs

All costs of court expended in this case are adjudged against [[name], Respondent/[name], Petitioner/the party who incurred them], for which let execution issue.

10.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.

SIGNED on ________________________________.

   
JUDGE PRESIDING

11.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]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent