Form 36-11

The case should be styled “Ex parte __________________, a child.”

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition for Writ of Habeas Corpus

[to Return 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.]

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.This Petition for Writ of Habeas Corpus is brought by [name of petitioner], Peti­tioner, who resides at [address, city, 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.Petitioner is presently entitled to the possession of the child[ren] [name[s] of child[ren]] by virtue of an order entered by the [designation] Court of [county] County, [state], in Cause No. [number]. This order is in full force and effect. A certified copy of the order is attached to this petition.

3.Petitioner is a parent of the child[ren] [name[s] of child[ren]]. Respondent is not a parent of the child[ren]. The right to possession of the child[ren] is not governed by a court order.

4.The child[ren] [is/are] illegally restrained by [name of respondent], Respondent, at [address, city], [county] County, Texas. Process should be served on Respondent at that address.

5.As a result of Respondent’s illegal restraint of the child[ren], Petitioner has been required to travel to prosecute this petition. Petitioner requests judgment against Respondent for Petitioner’s necessary travel and other expenses incurred by Petitioner and [his/her] wit­nesses for prosecution of this petition.

6.Information required by section 152.209 of the Texas Family Code is provided in the attached affidavit.

7.It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney, to preserve and protect the rights of the child[ren]. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be ren­dered in favor of this attorney and against Respondent and be ordered paid directly to Peti­tioner’s attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.

8.Petitioner prays that the Court immediately issue its writ of habeas corpus com­manding that the child[ren] be brought immediately before this Court and that the child[ren] be returned to Petitioner.

Petitioner further requests that Respondent be ordered to pay all costs of court.

Petitioner prays for recovery of all relief requested and for all general relief to which this Court may deem Petitioner entitled.

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

The undersigned states under oath: “I am Petitioner in the foregoing Petition for Writ of Habeas Corpus. I have personal knowledge of the allegations and facts stated in it, and they are true and correct.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas