moore county court at law standing order regarding children

MOORE COUNTY COURT AT LAW STANDING ORDER REGARDING CHILDREN,

PROPERTY, AND CONDUCT OF THE PARTIES

THIS MOORE COUNTY COURT AT LAW 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

Moore County Court at Law that applies in every divorce suit and every suit affecting the parent-

child relationship filed in the Moore County Court at Law in Moore County, Texas. The Moore

County Court at Law 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 69th District Attorney, or the Moore County Attorney.

The Moore County Court at Law 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.

Making disparaging remarks about another party or another party's family members,

including but not limited to the child's grandparents, aunts, uncles, cousins, siblings,

stepparents, or anyone with whom the other party has a dating relationship.

1.7 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 8:00 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.

10. APPLICATION FOR EX PARTE ORDERS. By presenting any application for an ex parte

order, counsel is deemed to represent to the Court that:

a. to the best of counsel’s knowledge, the party against whom the relief is sought is not

represented by counsel; or

b. 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.

11. TIME LIMITS IN TEMPORARY HEARINGS. In all matters in which temporary managing

conservatorship is in issue, the parties shall be granted not more than three (3) hours to present the case,

which time shall be equally divided. In all other temporary matters, including a modification of a temporary

order, the parties shall be granted not more than two (2) hours 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.

12. 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:

12.1 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.

12.2 Copies of that party’s federal income tax returns for the two calendar years prior to the

temporary hearing.

12.3 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.

13. PROPOSED PROPERTY DIVISION FORM REQUIRED.

13.1 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.

14. 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:

14.1 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.

14.2 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.

14.3 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 June at 6:00 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.

14.4 18 MONTHS TO 3 YEARS:

(1) 1

and 3

weekends-standard visitation

(2) 5

weekend-Saturday 8:00 a.m. to 8:00p.m. Sunday-noon to 8:00p.m.

(3) Thursday-standard visitation

(4) Father’s Day-standard visitation

(5) Christmas Day-standard visitation

(6) Summer-two (2) two week periods between June 1 and August 15; if designated

by May 1. If not, beginning 1

Friday in June at 6:00p.m. to 6:00p.m. 14 days later

and beginning 3

Friday in July at 6:00p.m. to 6:00p.m. on expiration 14 days

later.

15. BOND WAIVED. IT IS ORDERED that the requirement of a bond is waived.

THIS MOORE COUNTY COURT AT LAW STANDING ORDER REGARDING

CHILDREN, PROPERTY, AND CONDUCT OF PARTIES IS EFFECTIVE IN ALL

DIVORCE SUITS AND SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

FILED ON OR AFTER AUGUST 1, 2022.

/s/ Jerod Pingelton

Jerod Pingelton

Judge Presiding

Moore County Court at Law