Kaufman County Standing Order Regarding Children, Property and Conduct of the Parties in Family Cases

Filing for divorce usually involves a two to three-week wait for a temporary orders hearing. This hearing decides interim arrangements like use of the marital home, child possession, and other issues. But what about the period between filing and the hearing?

To address this, Kaufman county judges issue standing orders. These apply to all family cases and guide parties on acceptable behavior. They aim to maintain civility, protect children, and preserve property during a divorce.

If you fear property damage, money withdrawal, or child abduction, these orders can help. They can’t physically prevent actions, but they offer recourse if the other party acts improperly. For instance, if your joint bank account is drained or your children are taken, these orders are enforceable. You can go to court, prove the violation, and the court can punish accordingly.

If you’re considering divorce or a child-related suit, review the Kaufman County Standing Orders below. They outline the rules in place between filing your suit and your court appearance.

KAUFMAN COUNTY STANDING ORDER IN FAMILY CASES

This order wasn’t requested by any party in this lawsuit. It’s a standing order from the Kaufman County District Courts and County Court at Law. It applies to every divorce suit and suit affecting parent-child relationships filed in Kaufman County. The District Court and County Courts at Law of Kaufman adopted this order. The aim is to protect parties, children, and property while the lawsuit is pending. Therefore, it is ORDERED:

NO DISRUPTION OF CHILDREN:

Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this case:

1. Removing the children from the State of Texas, acting directly or in concert with others, without the written agreement of both parties or an order of this Court.
2. Disrupting or withdrawing the children l:’rom the school or day-care facility where the children are presently enrolled, without the written agreement of both parents, or an order of this Court.
3. Hiding or secreting the children from the other parent or changing the children’s place of abode, without the written agreement of both parents or an order of this Court.
4. Disturbing the peace of the children.
5. Making disparaging remarks about each other or the other person’s family members, including, but not limited to, the children‘s grandparents, aunts, uncles, or stepparents, in the presence or within the hearing of the children.
6. 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.
7. If this is an original divorce action, allowing an unrelated adult with whom the party has an intimate or dating relationship to remain in the same residence with the children between the hours of 10:00 p.m. and 7:00 a.m.

CONDUCT OF THE PARTIES DURING THE CASE

Both parties are ORDERED to refrain from doing the following acts:

1. Using vulgar, profane, obscene, or indecent language, or a coarse or offensive manner to communicate with other party, whether in person, by telephone, in writing, or by electronic transmission.
2. Threatening the other party in person, by telephone, in writing, or by electronic transmission to take unlawful action against any person.
3. Causing bodily injury to the other party or to a child of either party.
4. Threatening the other party or a child of either party with imminent bodily injury.
5. Placing one or more telephone calls, at any unreasonable hour, in an offensive or repetitious manner without a legitimate purpose of communication, or anonymously.
6. Opening or diverting mail addressed to the other party.

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 doing the following acts:

1. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.
2. Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.
3. 3. Damaging or destroying the tangible property of one or both of the parties, including and document that represents or embodies anything of value.
4. Tampering with the tangible property of one or both of the parties, including any documents that represents or embodies anything of value, and causing pecuniary loss to the other party.
5. 5. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real estate property, and whether separate of community, except as specifically authorized by this order.
6. 6. Incurring any indebtedness, other than legal expense in connection with this suit, except as specifically authorized by this order.
7. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.
8. 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.
9. 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.
10. Signing or endorsing the other party’s name or 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.
11. Taking any action to terminate or limit credit or charge cards in the name of the other party.
12. Entering, operating, or exercising control over the motor vehicle in the possession of the other party.
13. Discontinuing or reducing the withholding for federal income taxes on wages or salary while this suit is pending.
14. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services such as security, peat control, 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.
15. Intercepting or recording the other party’s electronic communications.
16. Excluding the other party from the use and enjoyment of the other party‘s residence.

PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE

“Records” refers to any tangible document or recording. This includes emails and other digital data, stored on any electronic device.

If this is a divorce case, both parties to the marriage are ORDERDED to refrain from doing the following acts:

1. Concealing or destroying any family records, property records, financial records, business records, or any records of income, debt or other obligations.
2. Falsifying any writing or record relating to the property of either party.

INSURANCE IN DIVORCE CASE

If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts:

1. Don’t withdraw or borrow any part of the cash surrender value of life insurance policies on either party’s life, unless this order specifically authorizes it.
2. Don’t change or alter the beneficiary designation on any life insurance on either party’s life or the children’s lives.
3. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties‘ property or persons including the parties‘ children.

SPECIFIC AUTHORIZATION IN DIVORCE CASE

If this is a divorce case, both parties to the marriage are ORDERDED to refrain from doing the following acts:

1. To engage in acts reasonably and necessary to the conduct of that party’s usual business and occupation.
2. To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.
3. To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation and medical care.
4. To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

SERVICE AND APPLICATION OF THIS ORDER

The Petitioner must attach a copy of this order to the original petition and all copies. If the Petitioner doesn’t do this when filing, the Clerk will attach a copy to the petition and its copies.

This order becomes effective upon filing the original petition. It acts as a temporary restraining order for fourteen days post-filing. If no party contests this order within fourteen days, it continues. It remains as a temporary injunction until the court says otherwise. The order terminates when the court signs a final order or the case is dismissed.

EFFECT OF OTHER COURT ORDERS

If this order conflicts with any part of a previously or later entered protective order, the protective order takes precedence. Any unchanged part of this order stays effective until the court signs a final decree.

PARTIES ENCOURAGED TO MEDIATE

Parties are urged to resolve disputes amicably without court involvement. They’re encouraged to use alternative dispute resolution methods, like mediation, to settle any conflicts that may arise in this lawsuit.