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Chapter 45

Form 45-4

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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.]

Notice of Hearing for Temporary Orders and Order to Appear

IT IS ORDERED that the hearing for temporary orders is set before the Court at [time] on [date].

Use the following paragraph if the hearing will be only in-person.

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the court­room of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]].

Use the following paragraph if the hearing will be only remote.

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Partic­ipants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated con­tact information]/can be found at [specify where the court publishes this infor­mation]]. Any participant who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Use the following paragraph if the hearing will be both in-person and remote.

All participants, [including/except] Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Respondent is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom described above.] Par­ticipants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Include the following paragraph if applicable.

Respondent is FURTHER ORDERED at the time of [his/her] appear­ance before this Court to furnish information sufficient to accurately identify Respondent’s net resources and ability to pay child support and to bring with [him/her] tax returns for the past two years, a financial information statement substantially in the form and detail prescribed by the current edition of Texas Family Law Practice Manual, form 4-2, and pay stubs for the past three months.

Continue with the following.

Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims.

Instructions for submitting evidence: [See the Court’s instructions attached to this notice./See the Court’s instructions available at [specify where the court publishes this information].]

Additional instructions for participating in the hearing: [None/See the Court’s instructions attached to this notice./See the Court’s instructions avail­able at [specify where the court publishes this information].]

The child[ren] the subject of this suit [is/are] [name[s] of child[ren]]. Petitioner is [name of petitioner].

Identify each additional party in the prior order, including the attorney general, if applicable.

1.Temporary Orders

One purpose of this hearing is to determine whether, while this case is pending, the Court should make temporary orders, as necessary and equitable, on the following matters:

Select one or more of 1.A.1.E.

1.A.Temporary Modification

The Court should order that rights, duties, and periods of possession and access in relation to the child[ren] be temporarily modified to provide as fol­lows: [state temporary modification requested, including, if appropriate, requests for electronic communication and for possession by designated per­son during conservator’s military deployment, military mobilization, or tempo­rary military duty].

1.B.Temporary Support

The child support obligation of [Petitioner/Respondent] should be tem­porarily modified.

1.C.Testimony by Electronic Means
§ 153.707(c)

The Court should order, after reasonable advance notice and for good cause shown, the presentation of testimony and evidence by electronic means, including by teleconference or through the Internet.

1.D.Attorney’s Fees

The Court should order Respondent to pay reasonable attorney’s fees and expenses.

1.E.Other Relief

The Court should make all other and further orders that are pleaded for or that are deemed necessary for the safety and welfare of the child[ren].

SIGNED on ______________________________ at ______________ __.m.

   
JUDGE PRESIDING