Texas Family Code - Section 109.001. Temporary Orders During Pendency Of Appeal
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 109.001. Temporary Orders During Pendency Of Appeal
§ 109.001. TEMPORARY ORDERS DURING PENDENCY OF
APPEAL. (a) Not later than the 30th day after the date an appeal is
perfected, on the motion of any party or on the court's own motion
and after notice and hearing, the court may make any order necessary
to preserve and protect the safety and welfare of the child during
the pendency of the appeal as the court may deem necessary and
equitable. In addition to other matters, an order may:
(1) appoint temporary conservators for the child and
provide for possession of the child;
(2) require the temporary support of the child by a
party;
(3) restrain a party from molesting or disturbing the
peace of the child or another party;
(4) prohibit a person from removing the child beyond a
geographical area identified by the court;
(5) require payment of reasonable attorney's fees and
expenses; or
(6) suspend the operation of the order or judgment
that is being appealed.
(b) A court retains jurisdiction to enforce its orders
rendered under this section unless the appellate court, on a proper
showing, supersedes the court's order.
(c) A temporary order rendered under this section is not
subject to interlocutory appeal.
(d) The court may not suspend under Subsection (a)(6) the
operation of an order or judgment terminating the parent-child
relationship in a suit brought by the state or a political
subdivision of the state permitted by law to bring the suit.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 539, § 1, eff. Sept. 1,
2001.
Section: 108.004 108.005 108.006 108.007 108.008 108.009 108.110 109.001 109.002 109.003 110.001 110.002 110.003 110.004 110.005
Last modified: August 10, 2007
|