Header

Pic for home page -1

316th District Court
500 Main Street, Stinnett, TX 79083
Phone: 806-878-4019
Fax 806-878-4023
kimilantelme@hutchinsoncnty.com

The District Clerk
Phone: 806-878-4017
Mailing: P.O. Box 1181, Stinnett, Texas 79083

Standing Order 

 

316TH DISTRICT COURT STANDING ORDER REGARDING CHILDREN, PROPERTY, AND CONDUCT OF THE PARTIES

 

THIS 316TH DISTRICT COURT STANDING ORDER REGARDING CHILDREN, PROPERTY, AND CONDUCT OF THE PARTIES IS BINDING ON (1) THE PARTIES, (2) THE  PARTIES'  OFFICERS,  AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND (3) ANY OTHER PERSON WHO ACTS IN CONCERT WITH THE PARTIES OR THEIR  AGENTS AND WHO RECEIVES ACTUAL NOTICE OF THESE ORDERS, AND IS ENFORCEABLE BY CONTEMPT OF COURT, INCLUDING A FINE OF UP TO $500, CONFINEMENT IN THE COUNTY JAIL FOR SIX MONTHS, OR BOTH SUCH A FINE AND CONFINEMENT IN JAIL FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEE AND COURT COSTS.

 

No party in this lawsuit has requested this order.  Rather, this order is a standing order of the 316th District Court that applies in every divorce suit and every suit affecting the parent-child relationship filed in Hutchinson County, Texas.   The 316th District Court has adopted this order because the parties and their children should be protected and their property preserved while the lawsuit is pending before the court. The term "party" as used in this order does not include the Attorney General of Texas, Texas Department of Family and Protective Services, the Hutchinson County District Attorney or the Hutchinson County Attorney.  The 316th District Court has adopted this order pursuant to Texas Family Code §§6.501-6.503, 105.001, and 105.009. IT IS THEREFORE ORDERED:

 

1.            NO DISRUPTION OF CHILDREN. All parties are ORDERED to refrain from doing the following acts concerning the children who are subjects of this cause:

1.1         Removing  the  children  from  the  State  of  Texas  for  the  purpose  of changing the children's domicile or residence, acting directly or in concert with others, without the written agreement of all parties or an order of this Court; provided, however, that this paragraph shall not prohibit or restrict a party from removing the children if an active prior court order gives that party the right to designate the children's primary residence outside the State of Texas or without regard to geographic location.

1.2        Disrupting or withdrawing the children from  the  school  or  day-care facility where the children are presently enrolled without the written agreement of all parties or an order of this Court; provided, however that this paragraph shall not prohibit or restrict a party from so withdrawing the

children from a school or day-care facility if that party is changing the children's domicile or residence within that party's rights pursuant to an active prior court order as described in Section 1.1 above.

1.3         Hiding or secreting the children from the other party.

1.4         Changing  the  children's  current  place  of  abode  without  the  written agreement of all parties or an order of this Court; provided, however, that this paragraph shall not prohibit or restrict a party from changing such place of abode if  an  active prior order  gives that  party the  right to designate the children's primary residence without geographic restriction, or if the new place of abode lies within the geographic limits established by that active prior court order.

1.5           Disturbing the peace of the children.

1.6          Making disparaging remarks about another party or another party's family members, including but  not  limited  to  the  child's   grandparents,  aunts, uncles, stepparents, or anyone with whom the other party has a dating relationship.

I.7           Discussing with the children, or with any other person in the presence of the children, any litigation related to the children or the other party.

1.8          If this is an original divorce action, allowing anyone with whom the party has  a  dating  relationship  to  be  in  the  same  dwelling  or  on  the  same premises overnight while in possession of the child. Overnight  is defined from 10:00 p.m. until 7:00 a.m.

 

2.            CONDUCT OF THE  PARTIES DURING  THE  CASE.  All parties are ORDERED to refrain from doing the following acts with the intent to harass, annoy, alarm, abuse, torment, or embarrass another party:

2.1       intentionally communicating in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, with the other party by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm the other party.

2.2          threatening the other party in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm the other party.

2.3           placing a telephone call, anonymously, at an unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm the other party.

2.4          intentionally, knowingly, or recklessly causing bodily injury to the other party or to a child of either party;

2.5          threatening the other party or a child of either party with imminent bodily injury;

 

3.         PRESERVATION  OF   PROPERTY  AND   USE   OF   FUNDS    DURING DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from the following conduct:

3.1          intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either party with intent to obstruct the authority of the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage;

3.2          intentionally falsifying a writing or record, including an electronic record, relating to the   property of either party;3.3          Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties, regardless  of  whether  it is  personal  or  real  property  and  whether  it  is claimed as separate or community property.

3.4         Misrepresenting  or refusing to disclose to the other party or to the Court, on proper  request,  the existence,  amount,  or location  of any tangible or intellectual property  of one  or  both  of  the  parties,  regardless  of  whether  it  is  personal  or  real property and whether it is claimed as separate or community property, including electronically stored or recorded information.

3.5         Damaging, destroying  or tampering  with the tangible  or intellectual property  of one or both of the parties, including any document that represents or embodies anything of value, regardless of whether it is personal or real property and whether it is claimed as separate or community property, including electronically stored or recorded information.

3.6          Selling, transferring,  assigning,  mortgaging, encumbering,  or in any other manner   alienating   any  of  the  property  of  either  party,  regardless  of whether it is personal , real property or intellectual property and whether it is claimed as separate or community property, except as specifically authorized by this order or a subsequent order of this Court.

               3.7            Incurring any indebtedness, including cash advances from a credit card or line of credit, other than legal expense in connection with this suit, except as specifically authorized by this order or a subsequent order of this Court.

               3.8            Making withdrawals or  transfers  from  any  account  in  any  financial institution for any purpose, except as specifically authorized by this order or a subsequent order of this Court.

                3.9         Spending any sum of cash in either party's possession or subject to either party's control for any purpose, except as specifically authorized by this order or a subsequent order of this Court.

3.10      Withdrawing or  borrowing in any  manner for any  purpose from  any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order or a subsequent order of this Court.

3.11       Signing or endorsing the other party's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.

3.12      Taking any action to terminate, close, restrict, or limit lines of credit, credit cards, charge cards, or financial accounts in the name of or subject to the control of the other party, whether owned individually or jointly, except by subsequent order or written agreement signed by each party permitting such action.

3.13       Entering, operating, or exercising control over the motor vehicle in the possession of the other party.

3.14       Discontinuing or altering the withholding for federal income taxes on wages or salary while this suit is pending.

                3.15       Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual   services, such as security,  pest  control,  internet, landscaping, or  yard  maintenance at  the  other party's residence or in any manner attempting to withdraw any deposits for service in connection with such services.

3.16       Unlawfully   intercepting   or   recording   the   other   party's   electronic communications.

3.17      Opening, diverting, or disposing of mail  or e-mail or any other electronic communication addressed to the other party.

                 3.18       Excluding a spouse from the use and enjoyment of the marital residence in which the spouse had been residing within the thirty (30) day period prior to the date the original petition for divorce was filed.

3.19       Communicating with the other party's employer or a person with whom the other party has a business relationship without a legitimate purpose.

3.20       Entering any safe deposit box in the name of or subject to the control of a party, whether owned individually or jointly, except by subsequent court order or written agreement signed by each party permitting such entrance.

 

4.        PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE.  If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts:

4.1          Concealing or destroying any family records, property records, financial records, business records or any records of income, debts, or other obligations.

4.2          Falsifying any writing or record relating to the property of either party.

4.3          "Records" includes e-mail or other digital or  electronic data, whether stored  on  a  computer hard drive, diskette or  other  electronic  storage device.

 

5.            INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts, except by written agreement signed by each party permitting such acts:

5.1          Withdrawing or  borrowing in any manner all  or any part of  the cash surrender value of life insurance policies on the life of either party or the child of the parties, except as specifically authorized by this order or a subsequent order of this Court.

5.2          Changing or in any manner altering the beneficiary designation on any life insurance on the life of either party or the parties' children.

5.3          Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons including the parties' minor children.

 

6.      SPECIFIC AUTHORIZATION IN DIVORCE CASE. If this is a Divorce case, both parties to the marriage are specifically authorized to do the following:

6.1          To engage in acts reasonable and necessary to the conduct of  that party's

usual business and occupation.

6.2        To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit.

6.3          To   make  expenditures  and  incur  indebtedness  for  reasonable  and necessary living expenses.

6.4          To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

 

7.       SERVICE AND APPLICATION OF THIS ORDER.

7.1         The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.  At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

7.2        This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition.  If, after service, no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of service of the original petition this order shall continue in full force and effect as a temporary injunction until further order of this court.  This entire order will terminate and will no longer be effective only upon further order of the court, entry of a final order or dismissal of the case.

7.3          In addition to any other remedies available for the enforcement of this order, at the Court's discretion, the Court may award reasonable and necessary attorney fees against a party found to have violated a provision of this order.

 

8.        EFFECT  OF OTHER  COURT ORDERS.  If any part of this order conflicts with any part of a protective order that has already been entered or is later entered, the protective order provisions prevail. Any part of this order not changed by some later order remains in full force and effect until the court signs a final decree, other final order, or a dismissal order.

 

 9.      PARTIES ENCOURAGED  TO MEDIATE/COLLABORATE. The parties are encouraged to settle their disputes amicably without court intervention. The parties are encouraged to use alternative dispute resolution methods, such as mediation or the collaborative law process, to resolve the conflicts that may arise in this lawsuit.  The Court will not order mediation sua sponte.

 

10.      PARENT EDUCATION AND STABILIZATION. Parents of minor children are ORDERED to attend a parent education and stabilization program or an approved parenting class within sixty (60) days of the filing date of the Petition for Divorce and/or Suit Affecting the Parent Child Relationship, unless waived by the court.

 

11.      APPLICATION FOR EX PARTE ORDERS.  By presenting any application for an ex parte order, counsel is deemed to represent to the Court that:

  1. to the best of counsel’s knowledge, the party against whom the relief is sought is not represented by counsel; or

  2. if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstance do not permit additional efforts to give such notice.  

12.    TIME LIMITS IN TEMPORARY HEARINGS.  In all matters in which temporary managing conservatorship is in issue, the parties shall be granted not more than two (2) hours to present the case, which time shall be equally divided. Additionally, no party will be allowed to call more than the party and one other witness to testify. In all other temporary matters, including a modification of a temporary order, the parties shall be granted not more than one (1) hour to present the case, which time shall be equally divided. Counsel should request a special setting at the time the application for temporary relief is presented to the Court for scheduling when, because of unusual circumstances, the limits are unworkable or inappropriate. The Court shall then determine the amount of time that shall be allotted for the hearing.

 

13.      DOCUMENTS REQUIRED IN TEMPORARY HEARINGS.   In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish:

            13.1         A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.

            13.2          Copies of that party’s federal income tax returns for the two calendar years prior to the temporary hearing.

            13.3          All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party’s earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.

 

14.       PROPOSED PROPERTY DIVISION FORM REQUIRED.

            14.1         In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties. It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.

          

15.    STANDARD VISITATION UNDER THREE YEARS OLD.  In all cases involving children under 3, unless the parties agree otherwise or there are exceptional circumstances the following visitation shall apply:

           15.1     TO 6 MONTHS:

                      (1)       1st, 3rd, 5th weekend: between 8:00 a.m. and 7:00 p.m.  On Saturday-2 hours and Sunday-2 hours at the residence of

                                  the one with custody.

                      (2)       Thursday-6:00 p.m. to 7:00 p.m. at residence of the one with custody.

        (3)       Father's Day or Mother's Day-2 hours-8:00 a.m. to 7:00 p.m. at the residence of one with custody.

                      (4)       Christmas Day- 2 hours-12:00 Noon to 7:00 p.m. at residence of one with custody.

                      (5)       Child's Birthday- 2 hours-5:00 p.m. to 7:00 p.m. at residence of one with custody.

 

15.2    6 MONTHS TO ONE YEAR

      (1)    1st, 3rd & 5th weekend- Saturday from Noon to 4:00 p.m.  Sunday from Noon to 4:00 p.m.

                    (2)   Thursday from 6:00 p.m. to 7:00 p.m.

                    (3)   Father's Day-Noon to 4:00 p.m.

                    (4)   Christmas Day-Noon to 4:00 p.m.

                    (5)   Child's Birthday-5:00 p.m. to 7:00 p.m.

 

15.3 ONE YEAR TO 18 MONTHS:

                    (1)       1st & 5th weekends-Saturday 8:00 a.m. to 8:00 p.m.  Sunday Noon to 8:00 p.m.

                    (2)       3rd weekend-standard visitation

                    (3)       Thursday-standard visitation

                    (4)       Father's Day-standard visitation

                    (5)       Christmas Day-standard visitation

      (6)       Summer-two (2) one week periods between June 1 and August 15, if designated by May 1.  If not, 1st Friday in June6:00

                  p.m-6:00 p.m. 7 days later and 3rd Friday in July until 7 days later 6:00 p.m. to 6:00 p.m.

15.4 18 MONTHS TO 3 YEARS:

                    (1)       1st and 3rd weekends-standard visitation

                    (2)       5th weekend- Saturday 8:00 a.m. to 8:00 p.m.  Sunday Noon to 8:00 p.m.

                    (3)       Thursday-standard visitation

                    (4)       Father's Day-standard visitation

                    (5)       Christmas Day-standard visitation

      (6)      Summer-two (2) 2 week periods between June 1 and August 15; if  designated  by May 1.  If not, beginning 1st Friday in

                June at 6:00 p.m. to 6:00 p.m. 14 days later and beginning 3rd Friday in July at 6:00 p.m. to 6:00 p.m. on expiration 14

                days later.

 

16.   BOND WAIVED.  It is ORDERED that the requirement of a bond is waived.

 

THIS 316TH DISTRICT COURT STANDING ORDER REGARDING CHILDREN, PROPERTY, AND CONDUCT OF THE PARTIES IS EFFECTIVE IN ALL DIVORCE SUITS AND SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP FILED ON OR AFTER JANUARY 1, 2015.

                                                                               

                                                                                                /s/ James M. Mosley

                                                                                                JAMES M. MOSLEY

                                                                                                JUDGE PRESIDING

                                                                                                316th District Court

 

Approved this 21st day of March, 2016.

 

 

                                                                                                /s/ Kelly G. Moore

                                                                                                KELLY G. MOORE

                                                                                                PRESIDING JUDGE

                                                                                                9th Administrative Judicial Region