Changes
to Practice Notes
Chapter 26Posttrial Proceedings and Appeals
§ 26.1Final Order
Under
Collateral Attack on Judgments, the second paragraph was rewritten.
Chapter 40Original Suit Affecting Parent-Child Relationship
§ 40.25Passport Application for Minor
The
last paragraph was added.
Changes to Forms
June 2023
Chapter 3Divorce—Pleadings
Form 3-1Original Petition for Divorce
In
¶ 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added.
Form 3-3Temporary Restraining Order and Order Setting Hearing for Temporary Orders
The
former first paragraph of ¶ 2. was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 3-4Notice of Hearing for Temporary Orders and Order to Appear
The
former first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 3-16Respondent’s Original Answer
The
second paragraph (“Preservation of Evidence:”) was added.
Chapter 5Discovery
Form 5-2Agreed Order on Motion for Discovery Control Plan
The
second option for paragraph 7. was revised and expanded to reflect the
requirements of TRCP 21(b), 21d.
Chapter 8Ancillary Motions and Proceedings
Form 8-9Motion to Show Authority
The
order was deleted.
Form 8-10Motion to Recuse Judge
The
order was reformatted and revised for filing separately.
Form 8-11Motion to Disqualify Judge
The
order was reformatted and revised for filing separately.
Form 8-14Objection to Assigned Judge
The
order was reformatted and revised for filing separately.
Form 8-81Motion for Use of Emergency Procedures
The
first paragraph of paragraph 3. was revised, and former items e., g. i., and j. thereunder were deleted.
Form 8-82Order on Motion for Use of Emergency Procedures
Former
paragraphs 6., 9., 11., and 12. were deleted.
Chapter 9Child Support
Form 9-12Original Petition to [Terminate/Modify] [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding]
In
paragraph 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added.
Form 9-14Petition for Support of Disabled Child
In
paragraph 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added.
Form 9-16Original Petition to Recover Child Support Payments Made in Excess of Child Support Order
In
paragraph 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added.
Form 9-19Petition to Reduce Balance of Child Support Obligation of Deceased Obligor to Judgment
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was added.
Chapter 13Court-Ordered Representatives
Form 13-5Motion for Appointment of [Attorney Ad Litem/Guardian Ad Litem/Amicus Attorney] for Child[ren]
The
order was deleted.
Chapter 15 Collaborative Law
Form 15-6Notice of Collaborative Law Procedures
The
order was retitled and reformatted for filing separately.
Form 15-9Joint Motion for Continuance
The
order was reformatted for filing separately.
Chapter 17Protective Orders
Form 17-1An Application for a Protective Order
In
¶ 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added. In
¶ 17., the notice of hearing was revised and expanded to reflect
the requirements of TRCP 21(b), 21d.
Form 17-2Temporary Ex Parte Protective Order [and Order Setting Hearing]
The
former first paragraph of ¶ 2. was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 17-16Motion for Enforcement of Protective Order
The
title of the form was revised. In paragraph 1., the second paragraph (“Preservation
of Evidence:”) was added. The order
to appear was reformatted for filing separately and was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 17-17Answer to Motion for Enforcement of Protective Order
The
second paragraph (“Preservation of Evidence:”) was added.
Chapter 18Alternative Dispute Resolution and Informal Settlement
Form 18-14Rules for Family Law Mediation
In
paragraph 12., (d) was added in the last paragraph. The signature boxes for parties
and attorneys were added.
Form 18-21Nonparty Confidentiality Agreement
This
form was added.
Form 18-22Nonparty Translator Confidentiality Agreement
This
form was added.
Form 18-31[Motion/Petition] to Compel Arbitration
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 18-32Response to [Motion/Petition] to Compel Arbitration
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 18-44[Motion/Petition] to Vacate Arbitration Award
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 19Trial Proceedings
Form 19-3Motion for Preferential Setting
The order to appear was reformatted for filing separately and was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 19-16Requested Special Charge
The
order was deleted.
Form 19-17Objections to Jury Charge
The
ruling was deleted.
Form 19-22Subpoena
The former first paragraph was revised and expanded to reflect
the requirements of TRCP 21(b), 21d.
Chapter 21Common Procedural Language and Notice of Court Proceeding
Form 21-1Notice of Hearing [Signed by Judge]
This
form was added.
Form 21-2Notice of Hearing [Signed by Clerk or Attorney]
This
form was added.
Form 21-5Objection to Notice of Hearing
This
form was added.
Form 21-6Order on Objection to Notice of Hearing
This
form was added.
Form 21-7Objection to Notice of Trial
This
form was added.
Form 21-11Certificate of Service
This
form was added.
Form 21-15Suggested Language for Appearances before the Court
This
form was added.
Chapter 23Divorce—Decrees and Agreements
Form 23-10Affidavit to Prove Up Agreed Final Decree of Divorce
The
final paragraph and accompanying signature box were added.
Form 23-11Declaration to Prove Up Agreed Final Decree of Divorce
The
final paragraph and accompanying signature box were added.
Chapter 25Employment and Retirement Benefits
Form 25-43Original Petition [to Enter Postdivorce Qualified Domestic Relations Order/to Enter Amended Qualified Domestic Relations Order/for Clarification of Qualified Domestic Relations Order]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 31Enforcement—Property
Form 31-1Petition for Clarification of Property Division
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 31-3Petition for Enforcement of Property Division
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 31-5Petition for Enforcement of Property Division by Contempt
The
title of the form was revised. In paragraph 1., the second paragraph (“Preservation
of Evidence:”) was added. The order
to appear was reformatted for filing separately and was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 31-6Answer to Petition for Enforcement of Property Division by Contempt
The
second paragraph (“Preservation of Evidence:”) was added.
Form 31-8Motion to Revoke Suspension of Commitment
The title of the form was revised. The order to
appear was reformatted
for filing separately, and the former
first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 31-21Petition to Enforce Foreign Judgment
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 32Enforcement—Spousal Maintenance and Alimony
Form 32-1Petition for Enforcement of Spousal Maintenance
The
title of the form was revised. In paragraph 1., the second paragraph (“Preservation
of Evidence:”) was added. The order
to appear was reformatted for filing separately and was revised and expanded
to reflect the requirements of TRCP 21(b), 21d.
Form 32-2Answer to Petition for Enforcement of Spousal Maintenance
The
second paragraph (“Preservation of Evidence:”) was added.
Form 32-4Motion to Revoke Suspension of Commitment
The title of the form was revised. The order to
appear was reformatted
for filing separately, and the former
first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 32-17Original Petition to [Terminate/Modify] [Order/Writ] of Income Withholding for Spousal Maintenance
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 32-19Motion to Confirm Spousal Maintenance Arrearage
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 32-21Original Petition to Recover Overpayment of Spousal Maintenance
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 32-31Petition to Enforce Foreign Judgment
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 33Enforcement—Child Support
Form 33-1Petition for Clarification of Child Support Order
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 33-3Petition for Enforcement of Child Support Order
The
title of the form was revised. In paragraph 1., the second paragraph (“Preservation
of Evidence:”) was added. The order
to appear was reformatted for filing separately and was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 33-5Answer to Petition for Enforcement of Child Support Order
The
second paragraph (“Preservation of Evidence:”) was added.
Form 33-7Motion to Revoke Suspension of Commitment
The title of the form was revised. The order to appear was reformatted for
filing separately, and the former first
paragraph was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 33-21Motion to Confirm Child Support Arrearage
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 33-24Motion Security for Payment of Child Support
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 33-26Motion for Forfeiture of Security for Failure to Comply with Order
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 33-31Motion to Enforce Withholding from Earnings
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added. The order to appear was
reformatted for filing separately and the first paragraph was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 33-51Petition for Suspension of License for Failure to [Pay Child Support/Comply with Subpoena]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 33-53Respondent’s Original Answer to Petition for Suspension of License, Request for Hearing, and Motion to Stay Suspension Pending Hearing
The
second paragraph (“Preservation of Evidence:”) was added.
Form 33-54Stay of Suspension of License
The title of the form was revised, and the former
last two paragraphs were deleted.
Form 33-56Motion to Revoke Stay of Suspension of License
The title of the form was revised. The order to appear was reformatted for
filing separately and was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 33-71Motion to Enforce Foreign Judgment
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 34Enforcement—Possession and Access
Form 34-1Motion for Clarification of Prior Order for Possession or Access
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 34-3Motion for Enforcement of Possession or Access
The
title of the form was revised. In paragraph 1., the second paragraph (“Preservation
of Evidence:”) was added. The order
to appear was reformatted for filing separately and was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 34-5Answer to Petition for Enforcement of Possession or Access
The
second paragraph (“Preservation of Evidence:”) was added.
Form 34-7Motion to Revoke Suspension of Commitment
The title of the form was revised. The order to appear was reformatted for
filing separately, and the former first
paragraph was revised and
expanded to reflect the requirements of TRCP 21(b), 21d.
Form 34-21Motion for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 34-23Motion for Forfeiture of Security for Failure to Comply with Order Granting Possession of and Access to [a] Child[ren]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 34-31Petition for Suspension of License for Failure to Comply with a Court Order Providing for Possession of and Access to [a] Child[ren]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 34-33Respondent’s Original Answer to Petition for Suspension of License, Request for Hearing, and Motion to Stay Suspension Pending Hearing
The
second paragraph (“Preservation of Evidence:”) was added.
Form 34-34Stay of Suspension of License
The title of the form was revised, and the former
last two paragraphs were deleted.
Form 34-36Motion to Revoke Stay of Suspension of License
The title of the form was revised. The order to appear was reformatted for
filing separately and was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Chapter 36Physical Possession of Child
Form 36-11Petition for Writ of Habeas Corpus [to Return Child[ren]]
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 36-12Response to Petition for Writ of Habeas Corpus [to Return Child[ren]]
The
second paragraph (“Preservation of Evidence:”) was added.
Form 36-13Order for Issuance of Writ of Habeas Corpus for Child[ren]
The
form was revised and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 36-21Petition for Enforcement of Child Custody Determination
In
paragraph 1., the second paragraph (“Preservation of Evidence:”) was
added.
Form 36-22Order to Appear [Enforcement of Child Custody Determination]
The
form was revised and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 36-23Response to Petition for Enforcement of Child Custody Determination
The
second paragraph (“Preservation of Evidence:”) was added.
Chapter 40Original Suit Affecting Parent-Child Relationship
Form 40-1Original Petition in Suit Affecting the Parent-Child Relationship
In
¶ 1., “Level” was deleted from the title, and the second paragraph (“Preservation
of Evidence:”) was added.
Form 40-3Temporary Restraining Order and Order Setting Hearing for Temporary Orders
The
former first paragraph of ¶ 3. was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 40-4Notice of Hearing for Temporary Orders and Order to Appear
The
former first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Chapter 41Modification of Texas Orders
Form 41-1Petition to Modify Parent-Child Relationship
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 41-4Respondent’s Original Answer
The
second paragraph (“Preservation of Evidence:”) was added.
Form 41-7Temporary Restraining Order and Order Setting Hearing for Temporary Orders
The
former first paragraph of ¶ 3. was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 41-8Notice of Hearing for Temporary Orders and Order to Appear
The
former first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 41-21Petition to Modify Spousal Maintenance
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 41-22Respondent’s Original Answer [to Petition to Modify Spousal Maintenance]
The
second paragraph (“Preservation of Evidence:”) was added.
Chapter 42Transfer
Form 42-3Notice of Hearing on Motion to Transfer
This
form was deleted.
Chapter 43Interstate Proceedings
Form 43-1Original Petition in Suit Affecting the Parent-Child Relationship Seeking Modification of Out-of-State Order [UCCJEA]
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 43-2Respondent’s Special Appearance, Plea to the Jurisdiction, Request for Court to Decline Jurisdiction, and Original Answer [UCCJEA]
The
second paragraph (“Preservation of Evidence:”) was added.
Chapter 44Grandparents & Other Nonparents
Form 44-2Original Petition for Grandparent Possession or Access
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 44-5Original Petition for Sibling Access
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 44-7Petition to Modify for Sibling Access
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 45Military Duty of Conservator
Form 45-1Petition to Modify Parent-Child Relationship Based on Military Duty
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 45-2Respondent’s Original Answer
The
second paragraph (“Preservation of Evidence:”) was added.
Form 45-4Notice of Hearing for Temporary Orders and Order to Appear
The
former first paragraph was revised and expanded to reflect the requirements of
TRCP 21(b), 21d.
Form 45-9Petition for Additional Periods of Possession and Access
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 46Authorization for Care of Child
Form 46-2[Petition/Motion] for Order Approving Execution of Authorization Agreement[s] for Adult Caregiver
In ¶ 1., the second paragraph (“Preservation
of Evidence:”) was added.
Form 46-5Petition to [Declare Authorization Agreement for Adult Caregiver Void/Void Authorization Agreement for Adult Caregiver/Declare Authorization Agreement for Adult Caregiver Void or Void Authorization Agreement]
In ¶ 1., the second paragraph (“Preservation
of Evidence:”) was added.
Form 46-11Petition for Temporary Authorization for Care of Child
In ¶ 1., the second paragraph (“Preservation
of Evidence:”) was added.
Form 46-21Petition for Temporary Authorization to Consent to Voluntary Inpatient Mental Health Services for Child
In ¶ 1., the second paragraph (“Preservation
of Evidence:”) was added.
Chapter 50Termination
Form 50-1Original Petition to Terminate Parent-Child Relationship
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 50-3Original Petition to Terminate Parent-Child Relationship [Nongenetic Father]
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Chapter 51Adoption of Child
Form 51-1Original Petition for Adoption of [a] Child[ren]
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added. In ¶ 5., the phrase “in [city], [county] County, [state]” was added in the first two paragraphs.
Form 51-2Order Granting Adoption
¶ 2.C.
was revised. In ¶ 5., the phrase
“in [city], [county] County, [state]” was added. ¶ 9.A. was revised.
Chapter 52Termination and Adoption of Stepchild
Form 52-1Original Petition for Termination and Adoption of Stepchild[ren]
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added. In ¶ 6., the item for place of birth was added.
Form 52-2Order Terminating Parental Rights and Granting Adoption of Stepchild[ren]
¶ 2.D.
was revised. In ¶ 6., the item for
place of birth was added. In ¶ 7.B.6., “alleged father” was corrected to
“acknowledged father” in the first sentence.
Chapter 53Ancillary Forms for Termination and Adoption
Form 53-20Order to Petitioner[s] to Obtain Criminal History Record Information
The
second paragraph was revised, and the former third paragraph was deleted.
Chapter 54Parentage
Form 54-1Petition to Adjudicate Parentage
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added. In ¶ 3.C., the second sentence was added to the first paragraph. In
¶ 6.A., the item for place of birth was added. In ¶ 11., the last
sentence was added. ¶ 16. was revised.
Form 54-2Petition to Challenge [Acknowledgment/Denial] of Paternity
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 54-3Respondent’s [Special Appearance and] Original Answer
The second paragraph (“Preservation
of Evidence:”) was added.
Form 54-7Motion for Temporary Orders
The order to appear was reformatted for filing separately and was revised
and expanded to reflect the requirements of TRCP 21(b), 21d.
Form 54-9Order Adjudicating Parentage
In ¶ 5.,
the item for place of birth was added. In ¶ 8., both paragraphs were revised.
Form 54-21Petition to Validate Gestational Agreement
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added.
Chapter 55International SAPCR Issues
Form 55-1Original Petition in Suit Affecting the Parent-Child Relationship Seeking Prevention of International Parental Child Abduction
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was added.
Chapter 56Miscellaneous SAPCR and Other Child-Related Forms
Form 56-12Order Regarding Possession and Transfer of Child[ren]’s Passport[s]
In
the paragraph beginning “IT IS FURTHER ORDERED,” the word “furnished” was
changed to “provided.”
Chapter 61Miscellaneous Litigation
Form 61-1Original Petition for Bill of Review
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added.
Form 61-2Original Petition for Breach of Alimony Contract
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added, and subsequent
paragraphs were renumbered.
Form 61-3Original Petition for Breach of Contract to Pay College Expenses
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added, and subsequent
paragraphs were renumbered.
Form 61-4Original Petition for Change of Name of Adult
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added. In paragraph 3., the item
for place of birth was added. In paragraph 7., the second sentence was added.
Form 61-5Order Granting Change of Name of Adult
In item 5.
of the findings, the place of birth was added. In the paragraph following item
13. of the findings, the second sentence was added.
Form 61-6Original Petition for Change of Name of Child
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added. In paragraph 4., the item
for place of birth was added in the second paragraph. In paragraph 8., the
second sentence was added.
Form 61-7Order Granting Change of Name of Child
In item 5.
of the findings, the place of birth was added. In the paragraph following item 9.
of the findings, the second sentence was added.
Form 61-9Original Petition for Postdivorce Division of Property
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added.
Form 61-10Petition for Removal of Disabilities of Minority
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added.
Form 61-13Original Petition to Enjoin Harassing Behavior
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added, and subsequent
paragraphs were renumbered.
Form 61-14Original Petition for Interference with Possessory Interest in Child[ren]
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added, and subsequent
paragraphs were renumbered.
Form 61-15Petition for Declaratory Judgment
In paragraph 1., the second
paragraph (“Preservation of Evidence:”) was added, and subsequent
paragraphs were renumbered.
Chapter 62Annulment & Suit to Declare Marriage Void
Form 62-1Parent’s Original Petition to Annul Underage Marriage
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 62-2Original Petition to Annul Marriage
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 62-4Respondent’s Original Answer [to Petition to Annul Marriage]
The second paragraph (“Preservation
of Evidence:”) was added.
Form 62-6Original Petition to Declare Marriage Void
In ¶ 1., “Level” was deleted from
the title, and the second paragraph (“Preservation of Evidence:”) was
added.
Form 62-7Respondent’s Original Answer [to Petition to Declare Marriage Void]
The second paragraph (“Preservation
of Evidence:”) was added.
Chapter 63Property Agreements
Form 63-9Separation Agreement
In
paragraph 3.5, the fifth paragraph was revised.