Thursday, October 4, 2007

Travis County's Standing Order regarding Children, Property and Conduct of the Parties

The Travis County District Courts have issued a "Standing Order" that applies automatically in all cases involving Divorce, Child Custody or Child Support, without the need for hearing, as soon as the case is filed. (See our "Links" section.) Among other items, the Standing Order prevents the parties from doing any of the following without seeking leave of Court:

  • removing any children involved in the case from the State of Texas (directly or in concert with other persons);

  • hiding the child from the other parent;

  • changing the child's residence;

  • withdrawing the child from school or day-care;

  • threatening or harassing the other party;

  • harassing the other party;

  • incurring indebtedness;

  • destroying, removing, concealing, selling, transferring, mortgaging, encumbering, or otherwise taking any action which would harm or reduce the value of either party's separate property or the parties' community property;

  • making withdrawals from any checking or savings accounts for ANY purpose other than payment of reasonable living expenses for food, clothing, shelter, transportation, medical care and reasonable attorneys' fees;

  • concealing or destroying personal and business records; and

  • canceling or altering insurance policies.

Similar standing orders have been entered by several district courts throughout the State of Texas. As a result, it is always a good idea to check with your lawyer, or to consult the court's local rules, to see what orders may be in place before taking any action related to your children, assets, ar debts while your divorce, custody or support case is pending.