Form 4-3

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Temporary Orders

1.Date of Hearing

On [date] the Court heard [Petitioner/Respondent]’s motion for tempo­rary orders.

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 the signatures below.

2.D.Mediation

The parties have already attended mediation regarding temporary orders with [name of mediator].

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 the Court has jurisdiction of this case and of all the parties.

4.Child[ren]

Child[ren]

4.A.No Child

The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.

4.B.No Child under 18 or Otherwise Entitled to Support

The Court finds that there is no child of the marriage of Petitioner and Respondent now under eighteen years of age or otherwise entitled to support and that none is expected.

4.C.Orders

The following orders are for the safety and welfare and in the best inter­est of the following child[ren]:

Name:

Sex:

Birth date:

Home state:

4.D.Temporary Conservators

4.D.1.Appointment

IT IS ORDERED that [name] and [name] are appointed Temporary Joint Managing Conservators of the following child[ren]: [name[s] of child[ren]].

IT IS ORDERED that [name] is appointed Temporary Sole Managing Conservator and [name] is appointed Temporary Possessory Conservator of the following child[ren]: [name[s] of child[ren]].

4.D.2.Rights and Duties

4.D.2.a.Parents Temporary Joint Managing Conservators

•Rights at All Times
§ 153.073

IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent temporary joint managing conservators, shall each have the following rights:

1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

3.the right of access to medical, dental, psychological, and educa­tional records of the child[ren];

4.the right to consult with a physician, dentist, or psychologist of the child[ren];

5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

6.the right to attend school activities, including school lunches, per­formances, and field trips;

7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.

•Duties at All Times
§ 153.076

IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent temporary joint managing conservators, shall each have the following duties:

1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. Warning: A CONSERVATOR commits an offense punishable as a Class C Misdemeanor if the CONSERVATOR fails to provide this notice;

3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

•Rights and Duties during Periods of Possession
§ 153.074

IT IS ORDERED that, during their respective periods of possession, [name of petitioner] and [name of respondent], as parent temporary joint man­aging conservators, shall each have the following rights and duties:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involv­ing an invasive procedure;

3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

4.the right to direct the moral and religious training of the child[ren].

•Other Rights and Duty of Petitioner
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)

IT IS ORDERED that [name of petitioner], as a parent temporary joint managing conservator, shall have the following rights and duty:

1.the exclusive right to designate the primary residence of the child [within [specify geographic area]/without regard to geographic location];

2.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];

4.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;

7.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conser­vator,/independent right] to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the [exclusive right/right, subject to the agreement of the other par­ent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the [exclusive duty/duty, subject to the agreement of the other par­ent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint prop­erty of the parents.

•Other Rights and Duty of Respondent
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)

IT IS ORDERED that [name of respondent], as a parent temporary joint managing conservator, shall have the following rights and duty:

1.the exclusive right to designate the primary residence of the child [within [specify geographic area]/without regard to geographic location];

2.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];

4.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;

7.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conser­vator,/independent right] to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the [exclusive right/right, subject to the agreement of the other par­ent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the [exclusive duty/duty, subject to the agreement of the other par­ent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint prop­erty of the parents.

•Minimizing Disruption
§ 153.134(b)(3)

IT IS ORDERED that [include provisions to minimize disruption of the child[ren]’s education, daily routine, and association with friends].

Notwithstanding any provision in this order to the contrary, IT IS ORDERED that [[name of petitioner]/[name of respondent]] shall have the exclusive right to enroll the child[ren] in school. Each conservator, during that conservator’s periods of possession, is ORDERED to ensure the child[ren]’s attendance in the schools in which [[name of petitioner]/[name of respondent]] has enrolled the child.

Notwithstanding any provision in this order to the contrary, [name of petitioner] and [name of respondent] are each ORDERED to enroll the child[ren] [in the public school[s] for the attendance zone of [[name of peti­tioner]/[name of respondent]]’s residence/as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one]]. Each conservator, during that conser­vator’s periods of possession, is ORDERED to ensure the child[ren]’s atten­dance in [this/these] school[s].

4.D.2.b.Parent Temporary Sole Managing or Possessory Conservator

•Rights at All Times
§ 153.073

IT IS ORDERED that, at all times, [name], as a parent temporary [sole managing/possessory] conservator, [include if applicable: and [name], as a par­ent temporary possessory conservator,] shall [each] have the following rights:

1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

3.the right of access to medical, dental, psychological, and educa­tional records of the child[ren];

4.the right to consult with a physician, dentist, or psychologist of the child[ren];

5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

6.the right to attend school activities, including school lunches, per­formances, and field trips;

7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.

•Duties at All Times
§ 153.076

IT IS ORDERED that, at all times, [name], as a parent temporary [sole managing/possessory] conservator, [include if applicable: and [name], as a par­ent temporary possessory conservator,] shall [each] have the following duties:

1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. Warning: A CONSERVATOR commits an offense punishable as a Class C Misdemeanor if the CONSERVATOR fails to provide this notice;

3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

•Rights and Duties during Periods of Possession
§ 153.074

IT IS ORDERED that, during [his/her/their respective] periods of pos­session, [name], as a parent temporary [sole managing/possessory] conserva­tor, [include if applicable: and [name], as a parent temporary possessory conservator,] shall [each] have the following rights and duties:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involv­ing an invasive procedure;

3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

4.the right to direct the moral and religious training of the child[ren].

4.D.2.c.Exclusive Rights and Duty of Parent Temporary Sole Managing Conservator
§§ 153.132, 151.001(a)(4), (5), 105.002

IT IS ORDERED that [name], as parent temporary sole managing con­servator, shall have the following exclusive rights and duty:

1.the right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic location];

2.the right to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the right to consent to psychiatric and psychological treatment of the child[ren];

4.the right to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the right to consent to marriage and to enlistment in the armed forces of the United States;

7.the right to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the right to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the duty to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint property of the par­ents.

4.D.2.d.Nonparent Temporary Sole Managing Conservator

•Rights and Duties
§§ 153.371, 153.076, 264.0111, 105.002

IT IS ORDERED that [name of nonparent], as a nonparent temporary sole managing conservator, shall have the following rights and duties:

1.the right to have physical possession and to direct the moral and religious training of the child[ren];

2.the duty of care, control, protection, and reasonable discipline of the child[ren];

3.the duty to provide the child[ren] with clothing, food, shelter, edu­cation, and medical, psychological, and dental care;

4.the right to consent for the child[ren] to medical, psychiatric, psy­chological, dental, and surgical treatment and to have access to the child[ren]’s medical records;

5.the right to receive and give receipt for payments for the support of the child[ren] and to hold or disburse funds for the benefit of the child[ren];

6.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child[ren];

7.the right to consent to marriage and to enlistment in the armed forces of the United States;

8.the right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic location] and to make decisions regarding the child[ren]’s education;

11.if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to con­sent to the adoption of the child[ren] and to make any other decision concern­ing the child[ren] that a parent could make;

12.the right to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s];

13.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

14.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

15.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

16.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

17.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

•Annual Reports
§ 153.375

IT IS ORDERED that [name of nonparent] shall, each twelve months after the date of this order, file with the Court a report of facts concerning the child[ren]’s welfare, including the child[ren]’s whereabouts and physical con­dition.

4.D.2.e.Nonparent Temporary Possessory Conservator
§§ 153.376, 153.377, 153.076

IT IS ORDERED that [name of nonparent], as a nonparent temporary possessory conservator, shall have the following right and duties during peri­ods of possession:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to provide the child[ren] with clothing, food, and shelter; and

3.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren].

IT IS FURTHER ORDERED that [name of nonparent], as a nonparent temporary possessory conservator, shall have the following right and duties at all times:

1.the right of access to medical, dental, psychological, and educa­tional records of the child[ren] to the same extent as the managing conserva­tor[s];

2.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

3.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

4.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

5.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

6.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

4.D.2.f.Geographic Area for Primary Residence
§§ 105.002, 153.133(c)

The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; to provide a safe, stable, and nonviolent envi­ronment for the child; and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their mar­riage. IT IS ORDERED that the primary residence of the child[ren] shall be within [specify geographic area], and the parties shall not remove the child[ren] from [specify geographic area] for the purpose of changing the pri­mary residence of the child[ren] until this geographic restriction is modified by further order of the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court.

IT IS FURTHER ORDERED that this geographic restriction on the pri­mary residence of the child[ren] shall be lifted if, at the time [name of sole managing conservator or joint managing conservator with right to designate] wishes to remove the child[ren] from [specify geographic area] for the purpose of changing the primary residence of the child[ren], [name of possessory con­servator or joint managing conservator without right to designate] does not reside in [specify geographic area].

4.D.3.Notices to Other Conservator[s]

Except as expressly provided otherwise in this temporary order, IT IS ORDERED that all information of which a conservator is required to notify [the other/another] conservator and all documents and information that a con­servator is required to provide to [the other/another] conservator shall be sent in the following manner:

a.hand delivery by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;

b.delivery to the recipient by first-class mail or by certified mail, return receipt requested, to the recipient’s last known mailing or residence address;

c.delivery to the recipient at the recipient’s last known mailing or residence address using any person or entity whose princi­pal business is that of a courier or deliverer of papers or docu­ments either within or outside the United States;

d.delivery to the recipient at the recipient’s electronic mail address as follows or to such other electronic mail address subsequently designated by the recipient:

[name of conservator]:    [conservator’s email address]

[name of conservator]:    [conservator’s email address]

and in the event of any change in a recipient’s electronic mail address, that recipient is ORDERED to notify the other recipi­ent[s] of such change in writing within twenty-four hours after the change;

e.delivery to the recipient at the recipient’s mobile telephone number by text message as follows or to such other mobile telephone number subsequently designated by the recipient:

[name of conservator]:    [conservator’s mobile number]

[name of conservator]:    [conservator’s mobile number]

and in the event of any change in a recipient’s mobile tele­phone number, that recipient is ORDERED to notify the other recipient[s] of such change in writing within twenty-four hours after the change; or

f.providing the document to the recipient by posting the docu­ment on the [name of coparenting website] Internet website program, in accordance with the provisions set forth below in this order.

4.D.4.Passport Application
22 CFR § 51.28

If a party applies for a passport for the child[ren], that party is ORDERED to notify the other [party/parties] of that fact no later than [num­ber] days after the application.

IT IS ORDERED that if a parent’s consent is required for the issuance or renewal of a passport, that parent shall provide that consent in writing no later than [number] days after receipt of the consent documents, unless the par­ent has good cause for withholding that consent.

4.D.5.Tax Returns for Child[ren]

IT IS ORDERED that [name of party A] shall have the exclusive right and duty to prepare and file income tax returns for the child[ren]’s estate[s].

IT IS ORDERED that [name of party B] shall provide such information to [name of party A] as is requested to prepare federal income tax returns for the child[ren]’s estates within thirty days of receipt of a written request for the information, and in no event shall the information be provided later than [date]. As requested information becomes available after that date, [name of party B] is ORDERED to provide it to [name of party A] within ten days of [name of party B]’s receipt of the information.

4.E.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 the temporary conservators shall have possession of 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. If needed, adapt language from paragraph 10.H., form 23-1].

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.

4.E.1.Electronic Communication
§ 153.015

For purposes of this order, the term “electronic communication” means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communica­tion facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.

IT IS ORDERED that [[name]/the temporary conservators] shall have electronic communication with the child[ren] to supplement [his/her/their] periods of possession as follows: [set out times and general conditions of elec­tronic communication between each child and each temporary conservator granted electronic communication with that child].

The Court finds that, even though it has [made a finding of family vio­lence/imposed supervised visitation between the child[ren] and [name]/made a finding of family violence and imposed supervised visitation between the child[ren] and [name]], the parties have agreed to periods of electronic com­munication between [name] and the child[ren]. IT IS THEREFORE ORDERED that, pursuant to the parties’ agreement, [name] shall have elec­tronic communication with the child[ren] as follows: [set out times and general conditions of electronic communication with each applicable child in bold-faced, capitalized type, including any specific restrictions relating to family vio­lence or supervised visitation required by other law to be included in a posses­sion or access order].

IT IS ORDERED that each conservator shall—

1.provide the other conservator[s] with the e-mail address[es] and other electronic communication access information of the child[ren] within [number] [hours/days] after the Court signs this order;

2.notify the other conservator[s] of any change in the email address[es] or other electronic communication access information not later than twenty-four hours after the date the change takes effect; and

3.if necessary equipment is reasonably available, accommodate elec­tronic communication with the child with the same privacy, respect, and dig­nity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided in this order.

4.E.2.Restricted Periods of Access—Family Violence
§ 153.004(d)(1), (d–1)

The Court finds that [name] has a history or pattern of committing fam­ily violence during the two-year period preceding the filing of this suit or during the pendency of this suit. The Court further finds that awarding [name] access to the child[ren] would not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren]. IT IS THEREFORE ORDERED as follows:

1.Visitation shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access]/on the days and times prescribed by [name of person or supervising agency or program]].

2.All exchanges of possession of or access to the child[ren] shall occur at [specify place and address].

3.[Name] shall abstain from the consumption of alcohol or any con­trolled substance within the twelve hours before and during each of [name]’s periods of possession of or access to the child[ren].

4.[Name] shall attend [describe details of battering intervention and prevention program or treatment by mental health professional] and shall pro­vide proof of such attendance to the Court within [specify].

4.E.3.Supervised Visitation— Family Violence or Child Abuse or Neglect
§ 153.004(e)

The Court finds that credible evidence has been presented that [there is a history or pattern of [child neglect/child abuse/family violence/child neglect and abuse/child neglect and family violence/child abuse and family violence/child abuse, child neglect, and family violence] committed by [Petitioner/Respondent/[name], who [resides in [Petitioner/Respondent]’s household/is permitted by [Petitioner/Respondent] to have unsupervised access to the child[ren] during [Petitioner/Respondent]’s periods of possession of or access to the child[ren]]]. IT IS THEREFORE ORDERED that [Petitioner/Respon­dent]’s access shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access and general terms and conditions]/on the days and times prescribed by [name of person or supervising agency or program]].

4.F.Child Support

4.F.1.Monthly Payments

IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until further order of this Court.

4.F.2.Semimonthly Payments

IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per month, in two install­ments per month of [number] dollars ($[amount]) each, with the first install­ment of [number] dollars ($[amount]) being due and payable on [date] [include if applicable: , the second installment of [number] dollars ($[amount]) being due and payable on [date],] and a like installment of [number] dollars ($[amount]) being due and payable on the [specify] and [specify] day of each month thereafter until further order of this Court.

4.F.3.Weekly Payments

IT IS ORDERED that [name of obligor] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per week, beginning on [name of day], [date] with a like payment of [number] dollars ($[amount]) being due and payable on each [name of day] thereafter until further order of this Court.

4.F.4.Statement on Guidelines
§ 154.130

In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on [date]:

1.[The amount of child support ordered by the Court is in accordance with the percentage guidelines./The application of the percentage guidelines in this case would be unjust or inappropriate.]

2.The net resources of [name of obligor] per month are $[amount].

3.The net resources of [name of obligee] per month are $[amount].

4.The percentage applied to the first $9,200 of [name of obligor]’s net resources for child support is [percent] percent.

4.The percentage applied to [name of obligor]’s net resources for child support is [percent] percent.

5.The specific reasons that the amount of support per month ordered by the Court varies from the amount computed by applying the percentage guidelines of section [154.125/154.129] of the Texas Family Code are: [state reasons].

4.F.5.Withholding from Earnings

IT IS ORDERED that any employer of [name of obligor] shall be ordered to withhold the child support payments ordered in this order from the disposable earnings of [name of obligor] for the support of [name[s] of child[ren]].

4.F.6.Withholding as Credit against Support Obligation

IT IS FURTHER ORDERED that all amounts withheld from the dispos­able earnings of [name of obligor] by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this decree through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of obligor], and it is hereby ORDERED that [name of obligor] pay the balance due directly to the state disbursement unit as specified below.

4.F.7.Order to Employer

On this date the Court [signed/authorized the issuance of] an Income Withholding for Support. [See form 9-3.]

4.F.8.Payment

IT IS ORDERED that all payments shall be made through the state dis­bursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of obligor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s web­site at www.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

4.F.9.Change of Employment

IT IS FURTHER ORDERED that [name of obligor] shall notify this Court and [name of obligee] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the cur­rent address of [name of obligor] and the name and address of [his/her] current employer, whenever that information becomes available.

4.F.10.Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, [name of obli­gee], [name of obligor], or an attorney representing [name of obligee] or [name of obligor], the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer.

4.F.11.Suspension of Withholding from Earnings

The Court finds that [good cause exists/the parties have agreed] that no order to withhold from earnings for child support should be delivered to any employer of [name of obligor] as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney Gen­eral Child Support Division is not providing services to [name of obligee]. For the purpose of this provision, a delinquency has occurred if [name of obligor] has been in arrears for an amount due for more than thirty days or the amount of the arrearages equals or is greater than the amount due for a one-month period. If a delinquency or other violation occurs or if the Office of the Attor­ney General Child Support Division begins providing services to [name of obli­gee], the clerk shall deliver the order to withhold earnings as provided above.

Accordingly, IT IS ORDERED that, as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney General Child Support Division is not providing services to [name of obligee], all payments shall be made through the state disbursement unit and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. If a delinquency or other violation occurs or if the Office of the Attorney General Child Support Division begins providing services to [name of obligee], all payments shall be made in accordance with the order to with­hold earnings as provided above.

4.F.12.Health-Care Expenses

4.F.13.Private School, Day-Care Expenses

4.F.14.No Termination of Orders on Death of Obligee
§ 154.013(a)

An obligation to pay child support under this order does not terminate on the death of [name of obligee] but continues as an obligation to [name[s] of child[ren]].

4.G.Child Custody Evaluation

By separate order, the Court has appointed a child custody evaluator to conduct a child custody evaluation into and prepare a report on the circum­stances and condition of the child[ren] [,/and] the parties [include if applicable: , and the residence of any person requesting conservatorship of, possession of, or access to the child[ren] the subject of this suit]. [See form 56-24.]

4.H.Psychological or Psychiatric Evaluation

IT IS ORDERED that [name] is appointed to interview, examine, evalu­ate, and consult with [Petitioner/Respondent/[name of child]] to prepare a [psy­chological/psychiatric] evaluation of [Petitioner/Respondent/[name of child]]. [Petitioner/Respondent] is ORDERED to pay the cost of the evaluation of [Petitioner/Respondent/[name of child]] when [name] requests payment. [Respondent/Petitioner] is ORDERED to contact [name] at [address], [tele­phone number], within [number] days of the date of these temporary orders to schedule the evaluation. [Respondent/Petitioner] is further ORDERED to cooperate with [name] and attend all appointments, interviews, tests, and eval­uations scheduled with [name]. IT IS ORDERED that [name] shall provide a copy of [Respondent/Petitioner]’s evaluation to each party and each party’s attorney and shall not file the evaluation with the Court. IT IS ORDERED that [Respondent/Petitioner] shall execute all necessary releases to allow the parties and their attorneys to possess the evaluation, to use it in depositions in this suit, and to offer it into evidence in this suit.

4.I.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 provide 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.

4.J.Parenting Coordinator/Facilitator

IT IS ORDERED that [name] is appointed parenting [coordinator/facilitator]. [Include appropriate provisions from form 16-18 or form 16-19, including findings required under Tex. Fam. Code § 153.605(b) or § 153.6051(b).]

4.K.Ad Litem/Amicus Attorney

IT IS ORDERED that [name] is appointed guardian ad litem to repre­sent the best interests of the child[ren]. [Include provisions for payment of ad litem fees.]

IT IS ORDERED that [name] is appointed attorney ad litem to provide legal services for the child[ren]. [Include provisions for payment of ad litem fees.]

IT IS ORDERED that [name] is appointed amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren]. [Include provisions for payment of amicus fees.]

4.L.Tax Returns

IT IS ORDERED that Respondent, [name of respondent], produce and deliver to [name and address of attorney] by [time] on [date] copies of Respon­dent’s income tax returns for tax years [years], a financial statement, and cur­rent pay stubs.

4.M.Injunction

The Court finds that, based on the public policy considerations stated in section 153.001 of the Texas Family Code, it is in the best interests of the child[ren] that the following temporary injunction be issued and related orders be entered. The requirement of a bond is waived.

IT IS ORDERED that [Respondent/Petitioner/the parties] and [his/her/their] agents, servants, employees, attorneys, and those persons in active con­cert or participation with [him/her/them] who receive actual notice of this order by personal service or otherwise are temporarily enjoined from:

1.Disturbing Child[ren] or Another Party

1.Disturbing the peace of the child[ren] or of any other party.

2.Withdrawing Child[ren] from School or Day Care

2.Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.

3.Hiding Child[ren] from Petitioner

3.Hiding or secreting the child[ren] from [Petitioner/Respondent/the other party].

4.Disparaging Remarks

4.Making disparaging remarks regarding [Petitioner/Respondent/the other party] [include if applicable: or [Petitioner/Respondent/the other party]’s family] in the presence or within the hearing of the child[ren].

5.Consumption of Alcohol

5.Consuming alcohol within the [number] hours before or during each of [Respondent/Petitioner/the party]’s periods of possession of or access to the child[ren].

6.Unrelated Adult in Residence Overnight

6.Permitting an unrelated adult with whom Respondent has an inti­mate or dating relationship to remain in the same residence with the child[ren] between the hours of [time] p.m. and [time] a.m.

7.Travel Restriction

7.Removing the child[ren] beyond [specify geographic area], acting directly or in concert with others.

4.N.Bond

IT IS ORDERED that [name] post a bond [or cash] in the amount of [number] dollars ($[amount]) with the clerk of this Court before removing the child[ren] from the jurisdiction of this Court.

4.O.Required Notices
§§ 105.006(e), (e–1), (e–2), 105.007

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.

The Court may modify this order that provides for the sup­port of a child, if:

(1)the circumstances of the child or a person affected by the order have materially and substantially changed; or

(2)it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child sup­port guidelines.

4.P.Warnings to Parties
§ 105.006(d)

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.

5.Property and Parties

Property and Parties

The Court finds that the following orders respecting the property and parties are necessary and equitable.

5.A.Temporary Spousal Support

IT IS ORDERED that [name] pay to [name] as temporary spousal sup­port [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [spec­ify] day of each month thereafter until further order of this Court.

5.B.Tax Matters

5.B.1.Estimated Tax Payments

IT IS ORDERED that [name] pay estimated income taxes on the due dates as required by the Internal Revenue Code. Estimated taxes shall be paid timely, and payment shall be made under both Petitioner’s and Respondent’s Social Security numbers while this case is pending.

IT IS FURTHER ORDERED that the amount of each quarterly esti­mated tax payment shall be computed in accordance with the Internal Revenue Code requirements to avoid penalties for underpayment of income taxes and interest for late payments of income taxes while this case is pending.

IT IS FURTHER ORDERED that a party making an estimated tax pay­ment while this case is pending shall provide the other party with the calcula­tions that provide a basis for the estimated amount and shall not pay estimated tax in excess of the calculated amount.

5.B.2.Withholding

IT IS ORDERED that Petitioner and Respondent shall continue their withholding for federal income taxes from their respective wages and salaries while this case is pending.

IT IS FURTHER ORDERED that the amount of withholding shall be computed in accordance with the Internal Revenue Code requirements to avoid penalties for underpayment of income taxes and interest for late payments of income taxes while this case is pending.

5.B.3.Tax Returns

IT IS ORDERED that the parties’ income tax returns be filed on a timely basis while this case is pending.

IT IS FURTHER ORDERED that the returns be prepared in accordance with the Internal Revenue Code and be prepared in advance of the filing dates to allow both parties sufficient time to review the returns before filing.

IT IS FURTHER ORDERED that neither party shall file or cause to be filed a Form 1040 income tax return while this case is pending without provid­ing a copy of the proposed return to the other party at least ten days before fil­ing.

5.C.Debts

5.C.1.To Petitioner

IT IS ORDERED that [name of petitioner] shall be responsible for the timely payment of the following: [enumerate and describe debts and obliga­tions].

IT IS FURTHER ORDERED that [name] shall pay the following as additional [child support/spousal support]: [enumerate and describe debts and obligations].

5.C.2.To Respondent

IT IS ORDERED that [name of respondent] shall be responsible for the timely payment of the following: [enumerate and describe debts and obliga­tions].

IT IS FURTHER ORDERED that [name] shall pay the following as additional [child support/spousal support]: [enumerate and describe debts and obligations].

5.D.Temporary Award of Property

5.D.1.To Petitioner

IT IS ORDERED that Petitioner have the exclusive and private use and possession of the following property while this case is pending: [describe prop­erty].

5.D.2.To Respondent

IT IS ORDERED that Respondent have the exclusive and private use and possession of the following property while this case is pending: [describe property].

5.E.Inventory and
Appraisement

IT IS ORDERED that Petitioner and Respondent shall each deliver to opposing counsel [include if applicable: and file with the clerk of this Court] a sworn inventory and appraisement of all the separate and community property owned by the parties substantially in the form and detail prescribed by the cur­rent edition of Texas Family Law Practice Manual, form 7-1. IT IS ORDERED that Petitioner shall deliver Petitioner’s inventory to opposing counsel [include if applicable: and file it with the clerk of the Court] by [date]. IT IS ORDERED that Respondent shall deliver Respondent’s inventory to opposing counsel [include if applicable: and file it with the clerk of the Court] by [date].

5.F.Health Insurance

IT IS ORDERED that [Petitioner/Respondent] shall maintain [Respondent/Petitioner] [include if applicable: and the parties’ child[ren]] as insured [beneficiary/beneficiaries] on [his/her] health insurance policy.

5.G.Production of Income Tax Returns

IT IS ORDERED that [Respondent/Petitioner], [name], produce and deliver to [name and address of attorney] by [time] on [date] copies of the par­ties’ income tax returns, together with all supporting schedules and informa­tion returns used in connection with their original income tax returns for the years [year] through [year] inclusive.

5.H.Copies of Tax Information

IT IS ORDERED that [Respondent/Petitioner], [name], produce and deliver to [name and address of attorney] by [time] on [date] copies of all the tax information necessary to prepare [Petitioner/Respondent]’s tax return[s] for tax year[s] [year[s]], including the following: [list appropriate items].

5.I.ADR Participation

IT IS ORDERED that Petitioner, [name of petitioner], and Respondent, [name of respondent], shall attend [mediation/nonbinding arbitration/binding arbitration] with [name] on or before [date].

5.J.Execution of Releases

IT IS ORDERED that [Petitioner/Respondent], [name], shall execute the following releases: [specify].

Within [number] days after receipt of a written request from [the other/another] conservator, the conservator receiving the request is ORDERED to execute and provide to the requesting conservator—

1.all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator[s] to obtain health-care information regarding the child[ren]; and

2.for all health-care providers of the child[ren], an authorization for disclosure of protected health information to the other conservator[s] pursuant to the HIPAA and 45 C.F.R. section 164.508.

Each conservator is further ORDERED to designate [the/each] other conservator as a person to whom protected health information regarding the child[ren] may be disclosed whenever the conservator executes an authoriza­tion for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.

5.K.Pretrial Conference

IT IS ORDERED [specify as appropriate under local practice].

5.L.Attorney’s Fees

The Court finds that reasonable interim attorney’s fees and expenses to be paid by [name] to [name]’s attorney are necessary for [name] to conduct discovery and properly prepare for trial [include if applicable: and 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 interim attorney’s fees and expenses.

6.Temporary Injunction

Temporary Injunction

6.A.Agreement

The Court finds that the parties have agreed to the entry of the following temporary injunction while this case is pending.

6.B.Required

The temporary injunction granted below shall be effective immediately and shall be binding on [Petitioner/Respondent/the parties]; on [his/her/their] agents, servants, employees, and attorneys; and on those persons in active con­cert or participation with [him/her/them] who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived.

6.C.Conduct Enjoined

6.C.1.Individual or Joint Injunction

IT IS ORDERED that [Petitioner/Respondent/Petitioner and Respondent] [is/are] enjoined from:

a.Communicating with Other Party in Offensive Manner

1.Intentionally communicating with the other party in person or in any other manner, including by telephone or another electronic voice transmis­sion, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm the other party.

b.Threatening Other Party

2.Threatening the other party in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm the other party.

c.Harassing Other Party by Telephone

3.Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of com­munication with the intent to annoy or alarm the other party.

d.Injuring Other Party

4.Intentionally, knowingly, or recklessly causing bodily injury to the other party [include if applicable: or to a child of either party].

e.Threatening Bodily Harm

5.Threatening the other party [include if applicable: or a child of either party] with imminent bodily injury.

f.Destroying Property

6.Intentionally, knowingly, or recklessly destroying, removing, con­cealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage].

g.Falsifying Records

7.Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.

h.Concealing Property

8.Intentionally misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.

i.Damaging Property

9.Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.

j.Tampering with Property

10.Intentionally or knowingly tampering with the tangible or intellec­tual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to the other party.

k.Alienating Property

11.Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by this order.

l.Incurring Debts

12.Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by this order.

m.Withdrawing Funds

13.Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.

n.Spending Funds

14.Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by this order.

o.Withdrawing Employee Benefits

15.Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by this order.

p.Brokerage and Investment Accounts

16.Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third party, except as specifi­cally authorized by this order.

q.Withdrawing Insurance Value

17.Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party [include if applicable: or a child of the parties], except as specifically authorized by this order.

r.Entering Safe-Deposit Box

18.Entering any safe-deposit box in the name of or subject to the con­trol of one or both of the parties, whether individually or jointly with others.

s.Changing Life Insurance Beneficiary

19.Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party [include if applicable: or a child of the parties].

t.Affecting Insurance

20.Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons [include if applicable: , including a child of the par­ties].

u.Opening or Diverting Mail

21.Opening or diverting mail or email or any other electronic commu­nication addressed to the other party.

v.Signing or Endorsing Other Party’s Name

22.Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and div­idend, or attempting to negotiate any negotiable instrument payable to the par­ties or the other party without the personal signature of the other party.

w.Terminating or Limiting Credit Cards

23.Taking any action to terminate or limit credit or charge cards in the name of the parties or the other party, except as specifically authorized in this order.

x.Changing Tax Withholding

24.Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.

y.Destroying Financial Records

25.Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.

z.Destroying Electronic Records

26.Destroying, disposing of, or altering any email, text message, video message, or chat message or other electronic data or electronically stored infor­mation relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.

aa.Modifying Electronic Data

27.Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.

ab.Deleting Social Network Data

28.Deleting any data or content from any social network profile used or created by either party [include if applicable: or a child of the parties].

ac.Using Password or PIN

29.Using any password or personal identification number to gain access to the other party’s email account, bank account, social media account, or any other electronic account.

6.C.2.Individual Injunctions

IT IS ORDERED that [Petitioner/Respondent] is [further] enjoined from:

a.Affecting Utility Service and Deposits

1.Terminating or in any manner affecting the service of water, elec­tricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at [full address] or in any manner attempting to withdraw any deposits for service in connection with any of those services.

b.Excluding Other Party from Residence

2.Excluding [Respondent/Petitioner] from the use and enjoyment of the residence located at [address, city, state].

c.Interfering with Motor Vehicle

3.Entering, operating, or exercising control over the [year, make, and model of motor vehicle[s]] in the possession of [Respondent/Petitioner].

6.D.Petitioner’s Authorizations

IT IS ORDERED that Petitioner is specifically authorized:

1.Spending for Living Expenses

To make expenditures and incur indebtedness for reasonable and neces­sary living expenses for food, clothing, shelter, transportation, and medical care.

2.Spending for Legal Fees

To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.

3.Withdrawing Funds

To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

4.Operating Business

To engage in acts reasonable and necessary to conduct Petitioner’s usual business and occupation.

6.E.Respondent’s Authorizations

IT IS ORDERED that Respondent is specifically authorized:

1.Spending for Living Expenses

To make expenditures and incur indebtedness for reasonable and neces­sary living expenses for food, clothing, shelter, transportation, and medical care.

2.Spending for Legal Fees

To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.

3.Withdrawing Funds

To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

4.Operating Business

To engage in acts reasonable and necessary to conduct Respondent’s usual business and occupation.

6.F.Definitions

For purposes of this order, “personal property” includes, but is not lim­ited to, the following:

a.cash, checks, traveler’s checks, and money orders;

b.funds on deposit in financial accounts with commercial banks, savings banks, and credit unions;

c.funds and assets held in brokerage, mutual fund, and other investment accounts;

d.publicly traded stocks, bonds, and other securities;

e.stock options and restricted stock units;

f.bonuses;

g.closely held business interests;

h.retirement benefits and accounts;

i.deferred compensation benefits;

j.insurance policies, annuities, and health savings accounts;

k.motor vehicles, boats, airplanes, cycles, mobile homes, trail­ers, and recreational vehicles;

l.money owed to one or both parties, including notes and expected income tax refunds;

m.household furniture, furnishings, and fixtures;

n.electronics and computers;

o.antiques, artwork, and collections;

p.sporting goods and firearms;

q.jewelry and other personal items;

r.pets and livestock;

s.club memberships;

t.travel award benefits and other award accounts;

u.crops, farm equipment, construction equipment, tools, leases, cemetery lots, gold or silver coins not part of a collection, tax overpayments, loss carry-forward deductions, lottery tickets/winnings, stadium bonds, stadium seat licenses, seat options, season tickets, ranch brands, and business names;

v.digital assets such as email addresses, social network accounts, websites, domain names, digital media such as pic­tures, music, e-books, movies, and videos, blogs, reward points, digital storefronts, artwork, and data storage accounts;

w.virtual assets such as virtual pets, avatars, accessories for vir­tual characters, virtual prizes, virtual real estate, and virtual currency;

x.safe-deposit boxes and their contents;

y.storage facilities and their contents; and

z.contingent assets.

7.Service of Writ
TRCP 689

Service of Writ

Petitioner and Respondent waive issuance and service of the writ of injunction, by stipulation or as evidenced by the signatures below. IT IS ORDERED that Petitioner and Respondent shall be deemed to be duly served with the writ of injunction.

8.Duration

•Required in All Orders

Duration

These Temporary Orders shall continue in force until the signing of the Final Decree of Divorce or until further order of this Court.

SIGNED on ______________________________.

   
JUDGE PRESIDING

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