Form 55-2

The risk of international parental abduction of a child may be an issue in the context of a divorce suit or other suit affecting the parent-child relationship. If so, the salient provisions from this order may be included in the temporary and final orders contained in this manual as forms 4-3 and 23-1 (divorce), 40-5 and 40-6 (original suit affecting the parent-child relationship), and 41-9 and 41-10 (modification of Texas orders) or other appropriate orders if the court finds that it is necessary under section 153.501 of the Texas Family Code to take measures to protect a child from international parental abduction. The following order is appropriate if the court is dealing solely with the issue of international parental abduction.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order in Suit Affecting the Parent-Child Relationship Seeking Prevention of International Parental Child Abduction

1.Date of Hearing

On [date] the Court heard this case.

2.Appearances

Appearances

3.Jurisdiction
§ 153.503(8)(B)

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties [set forth basis for the court’s exercise of jurisdiction]. The Court further finds that no other court has continuing, exclusive jurisdiction of this case. All persons enti­tled to citation were properly cited.

4.Jury

Jury

4.A.Waived

A jury was waived, and all questions of fact and of law were submitted to the Court.

4.B.Selected

A jury was duly selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

5.Record

Record

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

6.Child[ren]

Child[ren]

The Court finds that the following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

Home state:

Social Security number:

Driver’s license number and issuing state:

7.Court’s Findings

Findings

7.A.Habitual Residence
§ 153.503(8)(A)

The Court finds that the United States is the country of habitual resi­dence of [name[s] of child[ren]].

7.B.Risk of International Abduction
§§ 153.501–.502

The Court finds that credible evidence has been presented that there is a potential risk of the international abduction of [name[s] of child[ren]] by Respondent. The Court further finds that:

Respondent has taken, enticed away, kept, withheld, or concealed the child[ren] in violation of Petitioner’s right of possession of or access to the child[ren].

Respondent has previously threatened to take, entice away, keep, with­hold, or conceal the child[ren] in violation of Petitioner’s right of possession of or access to the child[ren].

Respondent lacks financial reason to stay in the United States and is [financially independent/able to work outside the United States/unemployed].

Respondent has recently engaged in planning activities that could facili­tate the removal of the child[ren] from the United States by Respondent, including [include as applicable: quitting a job/selling a primary residence/ter­minating a lease/closing bank accounts/liquidating assets/hiding or destroying documents/applying for a passport or visa or obtaining other travel documents for [Respondent/the child[ren]/Respondent and the child[ren]]/applying to obtain the child[ren]’s birth certificate[s] or school or medical records].

Respondent has a history of domestic violence.

Respondent has a criminal history or a history of violating court orders.

Respondent has strong familial, emotional, or cultural ties to another country, [name of foreign country] [include if applicable: , which is not a signa­tory to or compliant with the Hague Convention on the Civil Aspects of Inter­national Child Abduction].

Respondent lacks strong ties to the United States.

Respondent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect Respon­dent’s ability to legally remain in the United States.

Respondent’s application for United States citizenship has been denied by the United States Immigration and Naturalization Service.

Respondent has forged or presented misleading or false evidence to obtain a visa, a passport, a Social Security card, or another identification card or has made a misrepresentation to the United States government.

Respondent has ties to [name of foreign country].

a.[Name of foreign country] presents obstacles to the recovery and return of a child who is abducted to the country from the United States.

b.[Name of foreign country] has no legal mechanisms for imme­diately and effectively enforcing an order regarding the pos­session of or access to the child issued by Texas.

c.[Name of foreign country] has local laws or practices that would [include as applicable: enable Respondent to prevent Petitioner from contacting the child[ren] without due cause/restrict Petitioner from freely traveling to or exiting from the country because of Petitioner’s gender, nationality, or reli­gion/restrict the child[ren]’s ability to legally leave the coun­try after the child[ren] reach[es] the age of majority because of the child[ren]’s gender, nationality, or religion].

d.[Name of foreign country] is included by the United States Department of State on a list of state sponsors of terrorism.

e.[Name of foreign country] is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country.

f.[Name of foreign country] does not have an embassy of the United States in the country.

g.[Name of foreign country] is engaged in active military action or war.

h.[Name of foreign country] is not a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on com­pliance issued by the United States Department of State.

i.[Name of foreign country] does not provide for the extradition of a parental abductor and the return of the child to the United States.

j.[Name of foreign country] poses a risk that the child’s physical health or safety would be endangered in [name of foreign country] because of [include as applicable: specific circum­stances relating to the child/human rights violations commit­ted against children, including [include as applicable: arranged marriages/lack of freedom of religion/child labor/lack of child abuse laws/female genital mutilation/slavery]].

8.Conservatorship
§ 153.503(1)

Conservatorship

IT IS THEREFORE ORDERED that [name of petitioner] is appointed as the sole managing conservator of [name[s] of child[ren]].

9.Passport and Travel Controls
§ 153.503(4), (5);
22 CFR § 51.28 

Passport and Travel Controls

IT IS ORDERED that [name of petitioner] is the sole person authorized to apply for [a] passport[s] for the child[ren], [name[s] of child[ren]]. If [name of petitioner] applies for a passport for the child[ren], [name of petitioner] is ORDERED to notify the other conservator[s] of that fact no later than [num­ber] days after the application.

IT IS ORDERED that [name of respondent] and any person acting on behalf of [name of respondent] is prohibited from removing [name[s] of child[ren]] from Texas or the United States. IT IS FURTHER ORDERED that [name of respondent] shall surrender any passport issued in the name[s] of [name[s] of child[ren]], including any passport issued to [name of respondent] and [name[s] of child[ren]], to [name of petitioner] on the date that this order is signed by the Court. IT IS FURTHER ORDERED that [name of respondent] is prohibited from applying on behalf of [name[s] of child[ren]] for a new or replacement passport or international travel visa.

IT IS ORDERED that [name of respondent] shall provide to the United States Department of State’s Office of Children’s Issues and [name of foreign country]’s consulate or embassy written notice of the court-ordered passport and travel restrictions for [name[s] of child[ren]] and a properly authenticated copy of this order and [name of respondent]’s agreement thereto. IT IS FUR­THER ORDERED that [name of respondent] shall provide to the Court proof of receipt of this written notice by the United States Department of State’s Office of Children’s Issues and [name of foreign country]’s consulate or embassy.

IT IS ORDERED that [name of respondent] shall execute a bond or security in the amount of [number] dollars ($[amount]) to offset the cost of recovering [name[s] of child[ren]] if [name[s] of child[ren]] [is/are] abducted by [name of respondent] to a foreign country.

IT IS ORDERED that [name[s] of law enforcement [agency/agencies]] are authorized to take the following measures to prevent [name of respondent] from abducting [name[s] of child[ren]]: [list authorized measures].

10.Possession and Access— Supervised Visitation
§ 153.503(2)

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 FURTHER ORDERED that [name of respondent]’s visitation with the child[ren] 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]].

11.Permanent Injunctions
§ 153.503(3)

Injunctive Relief

The Court finds that, because of the conduct of [name of respondent], a permanent injunction against [him/her] should be granted as appropriate relief because there is no adequate remedy at law.

The permanent injunction granted below shall be effective immediately and shall be binding on [name of respondent]; on [his/her] agents, servants, employees, and attorneys; and on those persons in active concert or participa­tion with them who receive actual notice of this order by personal service or otherwise.

IT IS ORDERED that [name of respondent] is permanently enjoined from:

Disrupting or removing [name[s] of child[ren]] from the school or child care facility in which [name[s] of child[ren]] [is/are] enrolled.

Approaching [name[s] of child[ren]] at any location other than a site des­ignated for supervised visitation.

•Service of Writ
TRCP 689 

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

12.Information Regarding Parties
§ 105.006(a)

Required Information

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name: [name of petitioner]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of respondent]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of any other party]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

13.Required Notices
§§ 105.006(e), (e–1), 105.007

Required Notices

Each person who is a party to this order is ordered to notify each other party, the Court, and the state case registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to each other party, the Court, and the state case reg­istry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in suf­ficient time to provide 60-day notice, the party is ordered to give notice of the change on or before the fifth day after the date that the party knows of the change.

The duty to furnish this information to each other party, the Court, and the state case registry continues as long as any person, by virtue of this order, is under an obligation to pay child support or entitled to possession of or access to a child.

Failure by a party to obey the order of this Court to provide each other party, the Court, and the state case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of con­tempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for pay­ment of attorney’s fees and court costs.

Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at [address]. Notice shall be given to the state case registry by mail­ing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.

Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immu­nity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be pun­ishable by confinement in jail for as long as two years and a fine of as much as $10,000.

14.Warnings to Parties
§§ 105.006(d), 153.503(8)(C)

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.

WARNING

[Name of respondent]’s violation of this order may subject [name of respondent] to a civil or a criminal penalty or to both civil and criminal penalties.

15.Attorney’s Fees and Ad Litem Fees

Attorney’s [and Ad Litem] Fees

15.A.Petitioner’s Attorney

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attor­ney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent. Respondent is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.

•Attorney’s Fees on Appeal

IT IS FURTHER ORDERED that [name] is awarded a judgment of [number] dollars ($[amount]) against [name] for attorney’s fees on appeal for the benefit of [his/her] attorney, [name]. The judgment shall bear interest at [percent] percent per year compounded annually from the date the award is made final by the appropriate appellate court’s judgment, for which let execu­tion issue.

IT IS FURTHER ORDERED that the judgment of attorney’s fees on appeal rendered against [name] is conditioned on [his/her] pursuit of an ulti­mately unsuccessful appeal.

IT IS ORDERED that [name] shall be entitled to a remittitur of [num­ber] dollars ($[amount]) if a petition for review is granted by the Supreme Court of Texas but oral argument is not granted.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if briefing on the merits is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a responsive brief to the petition for review is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a petition for review is not filed with the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if there is no oral argument in the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appellate brief is not filed with the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appeal is not perfected to the court of appeals.

15.B.Ad Litem/Amicus for Child[ren]

The Court finds that [name of attorney or professional] has satisfactorily discharged all of [his/her] duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that [he/she] is hereby discharged and relieved of any further rights, duties, and responsibilities in this case. IT IS FURTHER ORDERED that [name of attorney or professional] is awarded [number] dollars ($[amount]) as [legal/professional] fees for services rendered as [guardian ad litem/attorney ad litem/amicus attorney]. [Include if applicable: The Court finds that the fees are necessaries for the benefit of the child[ren].] These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney or professional] by cash, cash-ier’s check, or money order on or before [date]. [Name of attorney or profes­sional] may enforce this order for fees in [his/her] own name.

15.C.Ad Litem for Absent Party

IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name of absent party], who received process by substituted service but did not otherwise appear. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.

16.Costs
TCPRC § 31.007

Costs

16.A.One Party Due—No Judgment

All costs of court in this case are adjudged against [name], for which let execution issue.

16.B.One Party Due—Judgment

IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in this case, with interest at [percent] per­cent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.

16.C.Party Incurring

IT IS ORDERED that costs of court are to be borne by the party who incurred them.

16.D.Half to Each Party

IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent, [name], for which let execution issue.

17.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.

18.Date of Order

Date of Order

SIGNED on ______________________________.

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ______________________________.

   
JUDGE PRESIDING

19.Approvals

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
[Guardian Ad Litem/Attorney Ad Litem/
      Amicus Attorney]
State Bar No.: [if applicable]
[Email address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent