Form 61-14

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition for Interference with Possessory Interest in Child[ren]

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

2.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, [state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Peti­tioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Secu­rity number.]

3.Respondent is [name of respondent], who is a resident of [county] County, [state]. Respondent should be served with process [include if applicable: at [address, city, state, zip code]].

3.Respondent is [name of respondent]. Respondent’s present whereabouts are unknown; however, [his/her] last known address is [address, city, state]. Process should be served on Respondent [include if applicable: at [that address/[address, city, state, zip code]]].

4.Petitioner also joins [name] as Co-Respondent to this lawsuit, who is jointly and severally liable for [his/her] conduct in aiding and assisting the wrongful conduct of Respon­dent. Petitioner further specifically asserts that Co-Respondent, although not a party to the suit in which the court order was issued, had actual notice of the existence and contents of the order or had reasonable cause to believe that the child[ren] [was/were] the subject of a court order and that [his/her] actions were likely to violate the order.

Co-Respondent should be served with process [include if applicable: at [address, city, state, zip code]].

5.Petitioner has a possessory interest in the following child[ren]:

Name:

Sex:

Birth date:

Possessory interest:

The possessory interest arises by virtue of a court order, a certified copy of which is attached to this petition.

6.Petitioner asserts that Respondent [include if applicable: and Co-Respondent] [has/have] [taken or retained possession of the child[ren]/[and]/concealed the whereabouts of the child[ren]] in violation of the court order. Petitioner asserts the following specific violations: [specify violations of court order].

7.As the result of the wrongful and unlawful actions of Respondent [include if appli­cable: and Co-Respondent], Petitioner seeks recovery of damages under chapter 42 of the Texas Family Code. Petitioner should be awarded the following damages:

a.The actual costs and expenses of Petitioner, including reasonable attorney’s fees, in locating the child[ren] who [is/are] the subject of the court order.

b.The actual costs and expenses of Petitioner, including reasonable attorney’s fees, in recovering possession of the child[ren].

c.The actual costs and expenses, including reasonable attorney’s fees, incurred by Petitioner in enforcing the court order that was violated.

d.The actual costs and expenses, including reasonable attorney’s fees, of bring­ing this suit under chapter 42 of the Texas Family Code.

e.The value of mental suffering and anguish incurred by Petitioner as the result of the violation of the court order.

8.Because Respondent [include if applicable: and Co-Respondent] acted with malice and/or intent to cause harm to Petitioner, Petitioner should be awarded exemplary damages in the amount of $[amount].

9.Petitioner prays that citation and notice issue as required by law.

Petitioner prays for judgment against Respondent [include if applicable: and Co-Respon­dent, jointly and severally,] for the damages set forth above and for prejudgment interest and postjudgment interest as provided by law.

Petitioner prays for general relief.

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]