Form 34-21

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren]

This Motion for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren] is brought by [name of movant], Movant, [relationship or capacity]. [The last three numbers of Movant’s driver’s license number are [numbers]./Movant has not been issued a driver’s license.] [The last three numbers of Movant’s Social Security number are [numbers]./Movant has not been issued a Social Security number.]

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.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.The child[ren] the subject of this suit [is/are]:

Name:

Sex:

Birth date:

4.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.

4.A motion to transfer under chapter 155 of the Texas Family Code has been filed with the Court simultaneously with this motion.

5.The parties entitled to notice are as follows:

a.Respondent, [name of respondent], who is [the sole managing/a joint managing/a possessory] conservator. [Process should be served [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

b.[Name], who is [specify interest in the litigation] and a party affected by the order sought to be enforced. [Process should be served [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

6.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that appears in the minutes of [this/the] Court and states in relevant part:

6.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that appears in the minutes of [this/the] Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

7.Respondent has failed to comply with the order by denying [name] possession or access on the following occasions:

8.Movant requests that the Court order Respondent to execute a bond, subject to the Court’s approval, or to deposit security with the Court of $[amount], payable to [name], con­ditioned on Respondent’s compliance with the Court’s order permitting possession of or access to the child[ren].

9.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of movant] and the child[ren] the subject of this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. [Include if applicable: Enforcement of the order is necessary to ensure the child[ren]’s physical or emotional health or welfare. The attorney’s fees and costs should be enforced by any means available for the enforcement of child support, including contempt but not includ­ing income withholding.] Movant requests postjudgment interest as allowed by law.

Movant prays that the Court grant this Motion for Security for Compliance with Order Granting Possession of and Access to [a] Child[ren], for attorney’s fees, expenses, costs, and interest, and for general relief.

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