This form is for use in seeking to deny relief requested in a motion for a temporary order creating a designation or changing the designation of the person having the exclusive right to designate primary residence or that would have the effect of creating a geographic area or of changing or eliminating the geographic area within which a conservator must maintain the child’s primary residence based on Tex. Fam. Code § 156.006(b)(1). See Tex. Fam. Code § 156.006(b–1).
For a form for use in seeking to deny relief in a suit seeking modification of the designation of the person having the exclusive right to designate primary residence filed within one year after the earlier of the date of the rendition of the order or the signing of a mediated or collaborative law settlement agreement on which the order is based (Tex. Fam. Code § 156.102), see form 41-5 in this manual.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Deny Relief Requested in Motion for Temporary Order
This Motion to Deny Relief in Motion for Temporary Order is brought by [name of movant], [party designation]. [Include the following if this is movant’s initial pleading: [The last three numbers of [name of movant]’s driver’s license number are [numbers]./[Name of movant] has not been issued a driver’s license.] [The last three numbers of [name of movant]’s Social Security number are [numbers]./[Name of movant] has not been issued a Social Security number.]] [Name of movant] shows in support:
1.The motion for a temporary order was filed on the basis that the child[ren]’s present circumstances would significantly impair the child[ren]’s physical health or emotional development.
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Select one or both of the following as applicable. |
The motion was filed to [create a/modify the] designation of the person having the exclusive right to designate the primary residence of the child[ren].
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And/Or |
The temporary order requested would have the effect of [creating a/changing the/eliminating the] geographic area within which a conservator must maintain the primary residence of the child[ren].
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Continue with the following. |
2.Neither the motion nor any attachments provide the Court with adequate facts to support the allegation that the child[ren]’s present circumstances would significantly impair [his/her/their] physical health or emotional development.
3.[Name of movant] requests that the Court deny Petitioner’s motion for a temporary order to modify the designation of the person having the exclusive right to designate the primary residence of the child[ren] sought in the Petition to Modify Parent-Child Relationship and refuse to schedule a hearing on the motion. [Name of movant] requests attorney’s fees, expenses, and costs, pursuant to the attached affidavit.
[Name of movant] prays the Court grant this motion.
[Name]
Attorney for [name of movant]
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]
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Attach affidavit in support of attorney’s fees. |