Form 46-6

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order [Voiding Authorization Agreement for Adult Caregiver/Declaring Authorization Agreement for Adult Caregiver Void]

On [date] the Court heard [Petitioner’s/Petitioners’] Petition to [Declare Authorization Agreement for Adult Caregiver Void/Void Authorization Agreement for Adult Caregiver/Declare Authorization Agreement for Adult Caregiver Void or Void Authorization Agree­ment].

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

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

The Court finds that it has jurisdiction of the subject matter and parties in this case and that all persons entitled to citation were properly cited.

The Court further finds that [name[s]], [a] parent[s] of the child, executed the authoriza­tion agreement without a written order by the appropriate court when [there [was/is] a court order or pending suit affecting the parent-child relationship concerning the child/there [was/is] pending litigation in a court concerning custody, possession, or placement of the child or access to or visitation with the child/the court had continuing, exclusive jurisdiction over the child].

The Court further finds that only one parent signed the authorization agreement, the other parent was living, that parent’s parental rights had not been terminated, and the parties to the agreement [failed to mail a copy of the executed agreement by certified mail, return receipt requested, or international registered mail, return receipt requested, as applicable, to the parent who was not a party to the agreement at that parent’s last known address not later than the tenth day after the date the authorization agreement was executed/[and]/failed to mail an additional copy of the executed agreement by first-class mail or international first-class mail, as applicable, to the parent who was not a party to the agreement at that parent’s last known address not later than the tenth day after the date the authorization agreement was exe­cuted.] The exception to the requirement for mailing a copy of the agreement that is provided in Texas Family Code section 34.005(a–2) does not apply.

The Court further finds that, at the time the authorization agreement was executed, a prior authorization agreement concerning the child was in effect and had not expired or been terminated.

IT IS THEREFORE ORDERED that the Authorization Agreement for Adult Caregiver dated [date] concerning the child [name] is void.

IT IS FURTHER ORDERED that all actions of the adult caregiver, [name], taken at any time are declared void, and the following actions of the adult caregiver are specifically declared to be void: [specify acts taken that require voiding].

The Court further finds that [name[s]], [a party/the parties] to the authorization agree­ment, knowingly [obtained the authorization agreement by fraud, duress, or misrepresenta­tion/made a false statement on the authorization agreement].

The Court further finds that on [date] [name], a party to the authorization agreement, changed [his/her] [address/contact information/address and contact information] and failed to inform each other party to the agreement of the change[s].

IT IS THEREFORE ORDERED that the Authorization Agreement for Adult Caregiver dated [date] concerning the child [name] is declared void.

IT IS FURTHER ORDERED that all actions of the adult caregiver, [name], taken since [date] are void, and the adult caregiver is ORDERED to take no further action.

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING