In the state of Texas, the legal system grants courts the power to issue both temporary and final orders in cases related to family law. These orders, which are legally binding, address various matters including child custody, child support, and spousal support. A common question that arises is: What if a party doesn’t adhere to these orders? Can Texas courts take action to enforce them?
Legal Provisions for Enforcement
The straightforward answer is affirmative. According to Texas law, courts possess the authority to enforce any clause of a temporary or final order that has been issued in a legal suit. This is explicitly mentioned in Section 157.001 of the Texas Family Code, which states, “The court may enforce by contempt any provision of a temporary or final order.” In simpler terms, if a party doesn’t comply with a court’s order, the opposing party has the right to submit a Motion for Enforcement, requesting the court to implement the order.
Requirements for a Motion for Enforcement
For a Motion for Enforcement to be valid, Section 157.002 of the Texas Family Code outlines certain requirements. The motion should:
- Clearly identify the specific provision of the order that has allegedly been violated and which the movant seeks to enforce.
- Describe in detail the manner in which the respondent has allegedly failed to comply.
- Specify the relief the movant is seeking.
- Bear the signature of the movant or the attorney representing the movant.
It’s crucial to understand that the Motion for Enforcement must be presented to the court that retains continuing, exclusive jurisdiction, meaning the court that originally issued the order. Moreover, there are specific time constraints within which the Motion for Enforcement should be filed, and these vary based on the nature of the order in question.
Seeking Legal Assistance
In conclusion, Texas courts undoubtedly have the authority to enforce both temporary and final orders. If you find yourself in a situation where the opposing party isn’t adhering to a court order, it’s imperative to consult with a seasoned family law attorney. Such professionals can guide you through the process of filing a Motion for Enforcement and navigating the legal intricacies. At The Blacknall Firm, our team of attorneys is well-equipped with the expertise required to safeguard your rights and ensure that court orders are duly enforced.
To discuss retaining our firm for your divorce or child custody case, please schedule a consultation with us today.