Form 3-47

A motion seeking temporary orders pending appeal may be filed before trial and may not be filed after the date on which the requesting party is required to file notice of appeal. See Tex. Fam. Code §§ 6.709(h), 109.001(b–1). The following request for temporary orders may be incorporated, if appro­priate, as an integral part of the divorce pleading. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the request­ing party.) Select applicable paragraphs. For a motion for temporary orders pending appeal to be used after judgment is rendered, see form 26-7.

Request for Temporary Orders Pending Appeal

1.Request for Temporary Orders Regarding Property during Appeal
§ 6.709

1.Request for Temporary Orders Regarding Property during Appeal

Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond between the spouses and to render a temporary order as considered equitable and necessary for the preservation of the property and for the protection of the parties during an appeal, including an order directed toward Respondent as follows:

1.A.Spousal Support
§ 6.709(a)(1)

Requiring the support of Petitioner.

1.B.Attorney’s Fees and Expenses
§ 6.709(a)(2)

Requiring Respondent to pay Petitioner’s reasonable and necessary attorney’s fees and expenses.

1.C.Appointment of Receiver
§ 6.709(a)(3)

Appointing a receiver for the preservation and protection of the property of the parties.

1.D.Exclusive Use of Residence
§ 6.709(a)(4)

Awarding Petitioner exclusive occupancy of the parties’ residence pend­ing the appeal.

1.E.Enjoining Dissipation or Transfer of Property
§ 6.709(a)(5)

Enjoining Respondent from dissipating or transferring the property awarded to Petitioner in the Court’s property division.

1.F.Suspending Operation of Property Division
§ 6.709(a)(6)

Suspending the operation of all or part of the property division that is being appealed.

1.G.Ordering Party to Provide Security
§ 6.709(d)(2)

If Respondent asks the Court to suspend the enforcement of the property division, requiring Respondent to provide an appropriate amount of security for the appeal in addition to any other temporary relief granted.

2.Request for Temporary Orders Regarding Children during Appeal
§ 109.001

2.Request for Temporary Orders Regarding Child[ren] during Appeal

Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond between the spouses and to make any order necessary to preserve and protect the safety and welfare of the child[ren] during the pen­dency of an appeal as the Court may deem necessary and equitable, including the following:

2.A.Temporary Joint Managing Conservators
§ 109.001(a)(1)

Appointing Petitioner and Respondent temporary joint managing con­servators [include if applicable: and designating Petitioner as the conservator who has the exclusive right to designate the primary residence of the child[ren]].

2.B.Temporary Sole Managing Conservator
§ 109.001(a)(1)

Appointing Petitioner temporary sole managing conservator.

2.C.Temporary Possessory Conservator
§ 109.001(a)(1)

Appointing Petitioner temporary possessory conservator.

2.D.Payment of Child Support
§ 109.001(a)(2)

Ordering Respondent to provide support for the child[ren], including the payment of child support and medical and dental support in the manner speci­fied by the Court, while the appeal is pending.

2.E.Molesting or Disturbing Child[ren] or Another Party
§ 109.001(a)(3)

Enjoining Respondent from molesting or disturbing the peace of the child[ren] or of another party.

2.F.Residence Restriction
§ 109.001(a)

Restricting the primary residence of the child[ren] to [geographic area].

2.G.School Enrollment
§ 109.001(a)

[Awarding Petitioner the exclusive right to enroll the child[ren] in school./Ordering the parties to enroll the child[ren] in the public schools for the attendance zone of Petitioner’s residence./Ordering the parties to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one].]

2.H.Travel Restriction
§ 109.001(a)(4)

Enjoining Respondent from removing the child[ren] beyond [geo­graphic area], acting directly or in concert with others.

2.I.Attorney’s Fees and Expenses
§ 109.001(a)(5)

Requiring Respondent to pay Petitioner’s reasonable and necessary attorney’s fees and expenses.

2.J.Suspending Operation of Order or Judgment Being Appealed
§ 109.001(a)(6)

Suspending the operation of the order or judgment that is being appealed.

Petitioner prays the Court grant the requested temporary relief pending appeal if the Court’s final judgment is appealed.