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The Texas Visitation Enforcement form is a legal document designed to help parents enforce court-ordered visitation rights. If the other parent is not following the visitation schedule, this form can assist in taking the necessary steps to ensure compliance. Understanding how to use this form effectively is crucial for maintaining your relationship with your children.

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Article Guide

Dos and Don'ts

When filling out the Texas Visitation Enforcement form, it is crucial to follow specific guidelines to ensure your submission is effective. Here’s a list of dos and don’ts:

Do read your court order carefully to understand your visitation rights.
Do arrive at the designated pick-up location on time.
Do document every attempt to exercise your visitation rights in the Visitation Journal.
Do keep copies of all correspondence related to visitation.
Do be polite and calm when communicating with the other parent.

Don't assume that verbal agreements will suffice; always rely on the court order.
Don't engage in confrontations at the pick-up location.
Don't forget to gather evidence of your presence if visitation is denied.
Don't ignore the importance of legal notice when preparing for court.

Sample - Texas Visitation Enforcement Form

Visitation Enforcement Kit

If you have a Texas court order that allows you to spend time with your children, but the other parent wo ’t follow the order, this kit ca help you e force that order.

This Kit includes the following documents:

1.Sample Demand Letter for Visitation (1 page)

Reminds the other parent of the legal consequences for violating the court order

2.What Counts as a Denial of Visitation??? (1 page) and theVisitation Journal (3 pages) Documents the denied visitation to prepare your case for court

3.Court at a Glance (1 page)

Describes the seven steps to enforcing your order

4.Step 1: Do Your Homework (1 page)

Outlines the first step involved in filing your case

5.Step 2: File your Motion, Set your Hearing (1 page) Explains the second step in your case)

6.Motion for Enforcement of Visitation Order (9 pages)

The docu e t that’s filed to start your legal action.

7.Step 3: Ask the Judge to sign the Order to Appear (1 page) Explains the third step in your case

8.Order to Appear and Show Cause (1 page)

Order, signed by a judge ordering the other party to come to court for your hearing

9.Step 4: Give Legal Notice (1 page)

Explains the fourth step in your case.

10.Step 5: Prepare for Hearing (1 page) Explains the fifth step in your case.

11.Sample Testimony (8 pages)

Can be used as a sample to help you prepare your testimony.

12.Step 6: Hearing (1 page)

Describes the sixth step in your case.

13.Step 7: Decision (1 page)

Describes the seventh step in your case.

14.Order for Capias and Setting Bond (2 pages, an order for the judge to sign, requesting the arrest of the Respondent, if the Respondent was served with legal notice of your hearing, but did not appear in court.)

15.Capias (2 pages, issues by the District Clerk, if the judge signed an Order for Capias)

16.Order on Motion for Enforcement of Visitation Order (7 page order, signed by the judge after your hearing.)

[DATE]

[Custodial Parent]

[Custodial Parent’s Address]

Re: Notice to Exercise Court-Ordered Possession and Access (Visitation)

Dear [Custodial Parent]:

Iplan to see our [children / child], according to the court-ordered possession and access (visitation) schedule, as written in the most recent court order which was signed by the judge in our case in Cause No. ______ (cause number).

Iwill be at

□[your residence at 6:00 pm]

□[the school where our [children /child] is enrolled, when school is dismissed]

□[Other fill in the time and place where your visitation is ordered to take place. ]

on [the date designated in the court order for you to take possession] to exercise my rights to see our [children / child].

You should have our [children / child ]ready for my visitation as provided for in the court order.

I will return our [children / child] to you as required by the court order.

I intend to continue exercising my possession and access (visitation) rights according to the court ordered schedule from now on.

Interfering with my court-ordered access and visitation rights could result in a contempt action being filed against you. Failure to pay child support is not a justification or defense to a charge of contempt for interference with court-ordered visitation rights. If a court

finds you in contempt for denying me court-ordered access to our [children / child] the court may sentence you to jail time, and order you to pay a fine, attorney’s fees and

court costs. It would be best for everyone, especially our [children / child], to avoid such litigation.

Sincerely,

[Your Name]

[Your Address]

[Your Telephone]

WHAT COUNTS AS A DENIAL OF VISITATION???

To enforce your visitation order and ask the court to hold the other parent in contempt, you must follow very specific rules when you try to exercise your visitation.

You are not technically denied visitation unless you actually appear in person at the pick-up location listed in your court order, even if the other parent has already told you that she will not be there or that she will not be giving you your child.

By not producing the child at the pick-up location at a certain date and time, the other parent is violating the court order. However, that parent cannot be required to testify against herself in court, so you have to be able to testify

that you were there and she was not.

APRIL 11th

6 pm – pick up son at

his mother’s house

Step 1: Look at your court order, or at your Visitation Calendar if one has been prepared for you. Find the next exact date and time that you are supposed to pick up your child.

Step 2: Arrive at the pick-up location at the exact date and time you are supposed to be there. Give yourself plenty of time to get there. If you are early, wait a few minutes.

Step 3: Knock on the door. Wait. Knock on the door again. You must give some indication that you are there and are ready to pick up your child.

Step 4: Try to obtain evidence that you were at the right location at the right date and time. You can take a witness with you to observe what happened. You can go to a nearby convenience store or fast food restaurant and buy a drink or a pack of gum, and keep the receipt showing you were in the area at a certain date and time. Some police departments may be willing to file

a report for you.

Step 5: Immediately write down what happened in your visitation journal. Write down the date, time, and place where you tried to pick up your child. If you have a witness, write down his or her name. If you have a receipt or other evidence, keep it safe.

VISITATION JOURNAL (Use this journal to document your attempts to exercise your court ordered visitation. An accurate and complete Visitation Journal can help you explain your case to the court.)

My name is: _____________________________________________________.

I am the child’s □father.

□mother.

□______________________________.

My child’s name is/ My children’s names are:		(other, please print your relationship to the child.)
My child’s name is/ My children’s names are:
Child’s Name		Child’s Birthday (month, day, and year)

The child/ren live(s) with (print name of person child/ren live with):

_____________________________________________________________________.

I have court orders allowing me to see my child/ren on specific days and at specific times. My court order states a specific location for me to pick up my children.

(If you do not have a court order, or your order does not include specific days and times for your visitation, or if your order does not include a specific location for you to exchange your child/ren with the other parent, you will need to go back to court to get an order that includes these things, before a court can enforce your order.)

I have tried to see my children, according to my court order, but the child’s other parent did not allow me to see the child/ren.

This journal records the times I tried to see my child/ren, according to the court ordered schedule. I tried to see my child/ren on the following dates, but was not allowed to.

(Complete the charts with information about when you tried to see your child/ren, according to your court schedule, but were not allowed to. You can copy and add additional charts, if you need to.)

Date
	Month: ______		Day: _______ Year: ________
Day (check one.)	□Monday	□Tuesday		□Wednesday □Thursday
	□Friday	□Saturday		□Sunday
Time	______:______		□am □pm
	______:______		□am □pm
Place
(ex. Mother’s residence,
McDonald’s, etc.)

Address	Street Address:
		__________________________________________________________
	City, State:
Witnesses
(List names of people
who were there when
you tried to see your
child/ren.)
What happened?
(no one home, wouldn’t
let me see child/ren, etc)

Visitation Journal, Texas Law Help, POLL, April 15, 2011
page 1 OF 3

Date
	Month: ______		Day: _______ Year: ________
Day (check one.)	□Monday	□Tuesday		□Wednesday □Thursday
	□Friday	□Saturday		□Sunday
Time	______:______		□am □pm
	______:______		□am □pm
Place
(ex. Mother’s residence,
McDonald’s, etc.)

Address	Street Address:
		__________________________________________________________
	City, State:
Witnesses
(List names of people
who were there when
you tried to see your
child/ren.)
What happened?
(no one home, wouldn’t
let me see child/ren, etc)

Date
	Month: ______		Day: _______ Year: ________
Day (check one.)	□Monday	□Tuesday		□Wednesday □Thursday
	□Friday	□Saturday		□Sunday
Time	______:______		□am □pm
	______:______		□am □pm
Place
(ex. Mother’s residence,
McDonald’s, etc.)

Address	Street Address:
		__________________________________________________________
	City, State:
Witnesses
(List names of people
who were there when
you tried to see your
child/ren.)
What happened?
(no one home, wouldn’t
let me see child/ren, etc)

Visitation Journal, Texas Law Help, POLL, April 15, 2011 page 2 OF 3

Date
	Month: ______	Day: _______ Year: ________
Day (check one.)	□Monday □Tuesday □Wednesday □Thursday
	□Friday □Saturday □Sunday
Time	______:______	□am □pm
	______:______	□am □pm
Place
(ex. Mother’s residence,
McDonald’s, etc.)

Address	Street Address:
	__________________________________________________________
	City, State:
Witnesses
(List names of people
who were there when
you tried to see your
child/ren.)
What happened?
(no one home, wouldn’t
let me see child/ren, etc)

Date
	Month: ______		Day: _______ Year: ________
Day (check one.)	□Monday	□Tuesday		□Wednesday □Thursday
	□Friday	□Saturday		□Sunday
Time	______:______		□am □pm
	______:______		□am □pm
Place
(ex. Mother’s residence,
McDonald’s, etc.)

Address	Street Address:
		__________________________________________________________
	City, State:
Witnesses
(List names of people
who were there when
you tried to see your
child/ren.)
What happened?
(no one home, wouldn’t
let me see child/ren, etc)

Visitation Journal, Texas Law Help, POLL, April 15, 2011 page 3 OF 3

Court at a Glance, Enforcement Kit

There are basically 7 steps in enforcement cases.

Step 1: Do your Homework.

Step 2: File your Motion, and set your hearing

Step 3: Ask the Judge to sign the Order to Appear

Step 4: Give Legal Notice

Tell the other party what you want.

(Process server or Post Office does this for you.)

Step 5: Prepare for Hearing

More homework.

Step 6: Hearing

Ask the judge for what you want, and explain why you should get it.

Step 6: Decision

The Judge decides whether or not you should get what you asked for.

You give the judge an Order to sign.

The order needs to say exactly what the judge decided.

Court at a Glance, Visitation Enforcement, Texas Law Help, POLL, April 15, 2011

Step 1: Do your Homework

For “tep O e, you’ll need the following:

 Civil Case Information Sheet you’ll get this fro the District Clerk’s office.

Motion for Enforcement of Visitation Order

1.Civil Case Information Sheet get this when you are at the District Clerk’s Office.

Complete it.

Make a copy for your records. (The District Clerk will keep the original.)

2.Motion for Enforcement of Possession or Access

Read through the Motion for Enforcement of Visitation Order and Order to Appear very

carefully. Fill in your case information in the blank spaces. Check only those boxes that apply i your case. If you’re ot sure what to put i the la ks, talk to a lawyer.

Sign the last page of the Motion for Enforcement of Possession or Access, in front of a notary.

Make a copy for yourself and for every party in your case (The District Clerk will keep the original.)

3.Filing Fee

Be prepared to pay a filing fee to the clerk when you file your papers.

	Call the District Clerk to fi d out how	uch you’ll ha e to pay.
	If you ca ’t afford to pay, you ca file a	Affidavit of Inability to Pay Costs, which asks

the court to waive the filing fees.

You can get this form from the this we site’s www.TexasLawHelp.org ) alphabetical list of forms

4.Learn how to set the hearing, and have the judge sign your Order to Appear

Call the judge’s court coordi ator,

_________________________________________________________(name), at

_________________________________________________________ (phone).

 E plai that you’re fili g a Motion to Enforce, and you need know :

1.What the procedure is to get the judge to sign the Order to Appear, and

2.What the procedure is to set the motion for a hearing.

Write the instructions down here:

______________________________________________________________________________

Court at a Glance, Visitation Enforcement, Texas Law Help, POLL, April 15, 2011

STEPS 2 - 4 will be completed the same day

and at the courthouse

Step 2: File your Motion, and set your hearing

For Step Two, you’ll eed the followi g:

 Civil Case Information Sheet get this fro the District Clerk’s Office

Motion for Enforcement of Visitation Order

A check or money order for your filing fee (or the Affidavit of Inability to Pay Costs)

1.File your papers with the District Clerk’s Office in the county where you got the order that you’re trying to enforce.

Take your documents (and your copies) to the District Clerk’s Office.

	Tell the clerk you’re there to file a Motio	to E force, a d ha	d the clerk all of your
	documents. (Place the original on top, and the copies of each document behind the
	original.)
	The clerk will file sta p your papers,	oti g the date whe	you filed your Motio .

The clerk will give you your copies, but will keep the original for the court’s file.

Make sure to keep a copy of everything for yourself.

2.Set the Hearing

Follow the Court Coordinator’s i structio s to set a hearing to have your motion heard. (You should have written them in Step One: Do your Homework.)

Be sure to set your case at least 20 days from the date you file your motion. This

will give you enough time to give the other parties legal notice. The parties must ha e at least days’ otice for a co te pt heari g.

Court at a Glance, Visitation Enforcement, Texas Law Help, POLL, April 15, 2011

In the interest of (List children):		§
		§
1	Name:		§ Cause No:
2	Name:		§

3	Name:		§ In the __________  District  County Court of:

4	Name:	§		County, T

MOTION FOR ENFORCEMENT OF VISITATION ORDER

1.DISCOVERY LEVEL

Discovery should be conducted under Level 2 of Rule 190 of the Texas Rules of Civil

Procedure. [Discovery is a procedure that can be used by parties in a lawsuit to find out information about the other party.]

2.PARTIES

Petitioner [You]

I am the Movant.

My name is ___________________________________________________________.

		[PRINT your full name]
I live at	__________________________________________________________
	[address].
I am the child/ren’s [CHECK one.]
mother.	father.	______________________________ .
I am the child/ren’s [CHECK one.]
Joint Managing Conservator.		Possessory Conservator.

Respondent

The child lives with the Respondent. The Respondent in this case is the child’s:

mother.	father.	______________________________ .
Respondent is the child/ren’s [CHECK one.]
Joint Managing Conservator.		Possessory Conservator

The Respondent’s name is:

______________________________________________________________________.

[PRINT Respondent’s full name]

1 OF 9

Motion for Enforcement of Visitation, Texas Law Help, POLL, April 15, 2011

More PDF Templates

Dl 64 - Always check that your address follows the guidelines and is a legitimate residence to avoid complications.

Efiled - It helps streamline the cash and securities management process.

Documents used along the form

The Texas Visitation Enforcement form is a crucial document for parents seeking to uphold their court-ordered visitation rights. Along with this form, several other documents are often utilized to ensure a smooth process in enforcing visitation orders. Below is a list of these important forms and documents, along with a brief description of each.

Sample Demand Letter for Visitation: This letter serves as a reminder to the other parent about the legal implications of not adhering to the visitation order.
What Counts as a Denial of Visitation: This document outlines specific actions that constitute a denial of visitation, helping parents understand their rights and responsibilities.
Visitation Journal: A vital tool for parents to document their attempts to exercise visitation. It helps track denied visits and serves as evidence in court.
Motion for Enforcement of Visitation Order: This is the formal document filed to initiate legal action against the other parent for violating the visitation order.
Order to Appear and Show Cause: Signed by a judge, this order requires the other parent to attend a court hearing regarding the visitation enforcement.
Sample Testimony: This document provides a template for parents to prepare their testimony for court, ensuring they present their case effectively.
Order on Motion for Enforcement of Visitation Order: This is the final order issued by the judge after the hearing, confirming the enforcement of the visitation order.

Utilizing these documents in conjunction with the Texas Visitation Enforcement form can significantly strengthen a parent's case when facing visitation challenges. Each document serves a specific purpose and contributes to a comprehensive approach in ensuring compliance with court-ordered visitation rights.

Common mistakes

Filling out the Texas Visitation Enforcement form can be a crucial step for parents seeking to ensure their visitation rights are upheld. However, several common mistakes can hinder the effectiveness of the form. One significant error is failing to provide accurate information regarding the court order. It is essential to reference the correct cause number and specific details from the court order. Inaccuracies can lead to confusion and may weaken the case.

Another mistake involves neglecting to document visitation attempts properly. The visitation journal is a critical tool for recording instances where visitation was denied. Parents often forget to include essential details such as the date, time, and location of their attempts. Without this documentation, it becomes challenging to prove that visitation was denied, which is vital for any enforcement action.

Some individuals also overlook the importance of notifying the other parent about their intent to visit. The sample demand letter included in the kit serves as a reminder of the legal consequences for violating the court order. Failing to send this letter can result in a lack of evidence showing that the other parent was informed of the visitation schedule, which could be detrimental to the case.

Additionally, parents may not follow the outlined steps in the enforcement process. Each step, from filing the motion to preparing for the hearing, is designed to build a strong case. Skipping steps or not adhering to the recommended procedures can lead to delays or even dismissal of the case. It is crucial to follow the guidance provided in the kit closely.

Lastly, some individuals may misinterpret what constitutes a denial of visitation. Simply being told by the other parent that they will not be present is not sufficient. To enforce visitation rights, one must appear at the designated location as specified in the court order. If the other parent does not show up, this can be documented as a denial. Understanding this distinction is vital for successfully navigating the enforcement process.

Misconceptions

Misconceptions about the Texas Visitation Enforcement form can lead to confusion and frustration. Here are nine common misconceptions, along with clarifications to help you understand the process better.

It’s not necessary to document denied visitation. Many believe they can simply tell the court about denied visitation. However, documenting each attempt in a Visitation Journal is crucial for your case.
You can skip steps if you feel confident. Some think they can bypass certain steps in the process. Each step is important and skipping them can weaken your case.
The other parent will face immediate consequences. Many expect swift action against the other parent. In reality, the court process takes time, and immediate consequences are not guaranteed.
Verbal agreements are enough. Some believe that a verbal agreement with the other parent suffices. However, only a court order has legal weight in visitation matters.
You can enforce visitation without being present. It’s a misconception that you can enforce your rights without being at the designated location. You must be present to claim a denial of visitation.
Child support issues affect visitation enforcement. Many think that if child support is unpaid, it justifies denying visitation. This is incorrect; visitation rights are separate from child support obligations.
Filing a motion is complicated. Some feel overwhelmed by the idea of filing a motion. The process is laid out in the kit, making it more manageable than it seems.
You must have an attorney to file. While having legal representation can be helpful, it’s not mandatory. Parents can file motions on their own using the provided forms.
The judge will automatically rule in your favor. Many assume that simply filing a motion guarantees a favorable ruling. The judge will consider all evidence and circumstances before making a decision.

Free Texas Visitation Enforcement File

Key takeaways

Utilize the Sample Demand Letter for Visitation to remind the other parent of the legal consequences for not adhering to the court order.
Document every instance of denied visitation in the Visitation Journal. This record is essential for building your case in court.
Follow the seven steps outlined in the "Court at a Glance" section. Each step is crucial for enforcing your visitation rights.
Ensure you arrive at the designated pick-up location on time. If the other parent does not comply, you must provide evidence of your presence.
Understand that interference with visitation can lead to contempt charges. Documenting your attempts to see your child is vital to avoid legal complications.

File Characteristics

Fact Name	Details
Purpose	The Texas Visitation Enforcement form helps custodial parents enforce court-ordered visitation when the other parent fails to comply.
Components	This kit includes a sample demand letter, visitation journal, and various step-by-step guides to navigate the enforcement process.
Legal Basis	The enforcement of visitation orders in Texas is governed by the Texas Family Code, particularly Section 153.001.
Documentation	Maintaining a visitation journal is crucial. It documents denied visitations and serves as evidence in court.
Steps to Enforcement	The process involves several steps: from doing homework on your court order to preparing for a hearing and obtaining a judge's order.
Consequences of Violation	If a parent denies visitation, they may face contempt of court charges, which can lead to fines or even jail time.
Importance of Compliance	Following the correct legal procedures is vital. Non-compliance can complicate enforcement and negatively impact the children involved.

How to Use Texas Visitation Enforcement

Once you have gathered the necessary information and documents, you can begin filling out the Texas Visitation Enforcement form. This process will help you formally address any issues regarding visitation rights and ensure that your court order is enforced. Follow these steps carefully to complete the form accurately.

Obtain the Form: Download or print the Texas Visitation Enforcement form from the official Texas court website or your local courthouse.
Read the Instructions: Familiarize yourself with the instructions provided with the form. Understanding the requirements is crucial.
Fill in Your Information: At the top of the form, enter your name, address, and contact information. Include the date you are filling out the form.
Identify the Other Parent: Provide the name and address of the other parent involved in the visitation case.
Reference the Court Order: Clearly state the cause number and details of the existing court order that outlines your visitation rights.
Document Denials of Visitation: Use the visitation journal to record specific dates and times when you attempted to exercise your visitation rights but were denied access.
Include Evidence: Attach any evidence you have, such as receipts or witness statements, to support your claims of denied visitation.
Sign the Form: After completing all sections, sign and date the form at the bottom. Your signature indicates that the information provided is true and accurate.
Make Copies: Before submitting, make copies of the completed form and any supporting documents for your records.
File the Form: Submit the completed form to the appropriate court. Be sure to check if there are any filing fees and how to pay them.

After filing the form, you will await a hearing date. During this hearing, you will present your case to the judge, who will decide on the enforcement of your visitation rights. Being prepared with your documentation and evidence will be crucial for a successful outcome.