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Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order on Motion to Remove Amicus Attorney
On [date] the Court considered the Motion to Remove Amicus Attorney filed by [name of movant].
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Select one of the following. |
The Court finds that the parties have agreed to the removal of [name] as Amicus Attorney, as evidenced by the signatures of the parties below.
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Or |
After considering the evidence and arguments of counsel, the Court finds that
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Include one or more of the following as applicable. |
Amicus Attorney, [name], does not have the minimum qualifications to serve as an amicus attorney under section 107.0245 or 107.025 of the Texas Family Code [;/.]
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And/Or |
Amicus Attorney, [name], has a conflict of interest or bias under section 107.0255(a) of the Texas Family Code that is not exempted under that section [;/.]
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And/Or |
Amicus Attorney, [name], has failed to perform certain duties under section 107.0265 of the Texas Family Code or as ordered by the Court [;/.]
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And/Or |
Amicus Attorney, [name], has violated a standard of care under section 107.026 of the Texas Family Code [;/.]
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And/Or |
Amicus Attorney, [name], has requested to be removed because a party to the suit has prevented Amicus Attorney from fulfilling the duties of the amicus attorney.
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Select one of the following as applicable. |
IT IS THEREFORE ORDERED that the motion should be granted and that [name] is hereby removed as Amicus Attorney and discharged from their duties and obligations effective immediately.
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Or |
The Court approves the parties’ agreement to the removal of [name] as Amicus Attorney and IT IS THEREFORE ORDERED that [name] is hereby removed as Amicus Attorney and discharged from their duties and obligations effective immediately.
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Or |
The Court does not approve the parties’ agreement to the removal of [name] as Amicus Attorney and IT IS THEREFORE ORDERED that [name] shall remain as Amicus Attorney.
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Or |
The Court finds that the evidence is insufficient to establish grounds for removal of [name] as Amicus Attorney pursuant to [include as applicable: section 107.0245/section 107.025/section 107.0255(a)/section 107.0265 or as ordered by the Court/section 107.026] and IT IS THEREFORE ORDERED that [name] shall remain as Amicus Attorney under the terms and conditions of the order appointing them.
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Continue with one of the following as applicable. |
The Court finds that [name] is holding in trust $[amount] for unearned attorney’s fees, court costs, and expenses, and ORDERS that [name] pay to [a party/the parties] as follows:
[Number] dollars ($[amount]) payable to [name] on [date], by cash, cashier’s check, or money order, at [address].
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Repeat as needed for other parties. |
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Or |
The Court finds that [name] is owed $[amount] for unearned attorney’s fees, court costs, and expenses, and ORDERS that [a party/the parties] pay $[amount] as follows:
[Number] dollars ($[amount]) payable to [name] on [date], by cash, cashier’s check, or money order, at [address].
SIGNED on ________________________________.
JUDGE PRESIDING
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If the parties agree to all the terms of the order, include the following. |
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
Petitioner
Respondent