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08-12-11872
IN THE INTEREST OF IN THE DISTRICT COURT
H.L.J. AND M.T.J. 359" JUDICIAL DISTRICT
CHILDREN MONTGOMERY COUNTY, TEXAS
PETITION TO MODIFY PARENT-CHILD RELATIONSHIP
I Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Parties and Order to Be Modified
This suit to modify a prior order is brought by STEVEN CHARLES JORGENSEN,
Petitioner. Petitioner is the father of the children and has standing to bring this suit. The
requested modification will be in the best interest of the children.
Respondent is MARI JORGENSEN.
The order to be modified is entitled ORDER IN SUIT AFFECTING THE PARENT-
CHILD RELATIONSHIP and was rendered on APRIL 29, 2010.
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
Children
The following children are the subject of this suit:
Name: HANNAH LOUISE JORGENSEN
Sex: Female
Birth date: 02/15/1998
Name: MAXWELL THOMAS JORGENSEN
Sex: Male
Birth date: 05/05/2002
5. Parties Affected
The following parties may be affected by this suit:
Name: MARI JORGENSEN
Relationship: Mother
6 Health Insurance Information
Information required by section 154.181(b) of the Texas Family Code will be provided.
7. Children's Property
There has been no change of consequence in the status of the children's property since the
prior order was rendered.
& Modification of Conservatorship, Possession and Acces:
The order to be modified is based on a mediated settlement agreement. The
circumstances of the children, a conservator, or other party affected by the order to be modified
have materially and substantially changed since the date of the signing of the mediated
settlement agreement on which the order to be modified is based.
MAXWELL THOMAS JORGENSEN, the child the subject of this suit, is twelve years
of age or older and will express to the Court in chambers, as provided in section 153.009 of the
Texas Family Code, the name of the person who is the child's preference to have the exclusive
right to designate the primary residence of the child.
Petitioner requests that he be appointed as the person who has the right to designate the
primary residence of MAXWELL THOMAS JORGENSEN.
Petitioner requests that the rights and duties of the respective conservators of the children
be modified to make STEVEN CHARLES JORGENSEN the primary parent of MAXWELL
THOMAS JORGENSEN.
The requested modification is in the best interest of the children.
9. Support
The order to be modified is based on a mediated settlement agreement. The
circumstances of the children or a person affected by the order have materially and substantially
changed since the date of the signing of the mediated settlement agreement on which the order to
be modified is based, and the support payments previously ordered should be decreased.
Petitioner requests that all child support cease when the oldest child is emancipated.
The requested modification is in the best interest of the children.
10. Praye:
Petitioner prays that citation and notice issue as required by law and that the Court enter
its orders in accordance with the allegations contained in this petition.
Petitioner prays for general relief.
Respectfully submitted,
BRASS & MCCOTTER
207 Simonton
Conroe, TX 77301
Tel: (936) 8-: 700
Fax: (936 845701
By
K BRASS
tate Bar No. 2909450
ATTORNEY FOR STEVEN JORGENSEN
VE;
a Feces iDi
2 Clock al
IN THE DISTRICT COURTS AND COUNTY COURTS AT LAW
OF MONTGOMERY COUNTY, TEXAS * 2013
MONTGO OUN IR AMENDED STAND: DER ate 5: {AO AMICK
CHILDREN, PETS, PROP TY AND ‘T OF THE P. TE YY" as
ity
THIS MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES IS BINDING ON (1) THE PARTIES, (2} THE PARTIES’ OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS, AND (3) ANY
OTHER PERSON WHO ACTS IN CONCERT WiTH THE PARTIES OR THEIR
AGENTS AND WHO RECEIVES ACTUAL NOTICE OF THESE ORDERS, AND
IS ENFORCEABLE BY CONTEMPT OF COURT, INCLUDING FINE AND/OR
IMPRISONMENT.
No party to this lawsuit has requested this order, Rather, this order is a standing
order of the Montgomery County District Courts and County Courts at Law that applies
in every divorce suit and every suit affecting the parent-child relationship filed in
Montgomery County. The District Courts and County Courts at Law have adopted this
order because the parties, their children and the family pets should be protected and their
property preserved while the lawsuit is pending before the court, The term “party” as
used in this order does not include the Office of the Attomey General of Texas,
Therefore, it is ORDERED:
1 KO DISRUPTION OF CHILDREN. All parties are ORDERED to refrain from
doing the following acts concerning any children who are subjects of this case:
La Removing the children from the State of Texas, for the purpose of
changing the residence of the children or evading the jurisdiction of the
court, acting directly or in concert with others, without the written
agreement of both parties or an order of the court; provided, however, that
this paragraph shall not prohibit or restrict a party from so removing the
children if an active prior court order gives that party the right to designate
the children’s primary residence outside the State of Texas or without
regard to geographic location.
1.2 Disrupting or withdrawing the children fom the school or day-care
facility where the children are presently enrolled, without the written
agreement of both parents or an order of the court; provided, however, that
this paragraph shall not prohibit or restrict a party from so withdrawing the
children from a school or day-care facility if that party is changing the
children’s domicile or residence within that party’s rights pursuant to an
active prior court order as described in $1.1 above.
13 Hiding or secreting the children from the other party.
14 Changing the children’s current place of abode, without the written
agreement of all parties or an order of the court; provided, however, that
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS,PROPERTY AND CONDUCT OF THE PARTIES
this paragraph shall not prohibit or restrict a party from changing such
place of abode if an active prior court order gives that party the right to
designate the children’s primary residence without geographic restriction,
or if the new place of abode lies within the geographic limits established
by that active prior court order.
15 Disturbing the peace of the children.
1.6 Making disparaging remarks about another party or another party’s family
members, including but not limited to the child’s grandparents, aunts,
uncles, stepparents, or anyone with whom a party has a dating
relationship, in the presence or within the hearing of the children.
L7 Discussing with the chifdren, or with any other person in the presence of
the children, any litigation related to the children or any other party.
18 If this is an original divorce action, allowing anyone with whom the party
has an intimate or dating relationship to be in the same dwelling or on the
same premises overnight while in the possession of the children.
Overnight is defined from 9:00 p.m. until 8:00 a.m.
PROTECTION OF FAMILY PETS OR COMPANION ANIMALS, All
parties are to refrain from harming, threatening, interfering with the care, custody,
or control of a pet or companion animal that is possessed by a person protected by
this order or by a member of the family or household of a person protected by this
order.
CONDUCT OF THE PARTIES DURING THE CASE. All parties are
ORDERED to refrain from doing the following acts:
3.1 Using vulgar, profane, obscene, or indecent language, or a coarse or
offensive manner, to communicate with the other party, whether in person,
by telephone, or in writing, including by email, text message, or any other
electronic communication.
3.2 Threatening the other party in person, by telephone, or in writing,
including by email, text message, or any other electronic communication,
to take unlawful action against any person.
3.3 Placing one or more telephone calls to another party, at an unteasonable
hour, in an offensive or repetitious manner, without a legitimate purpose
of communication, or anonymoualy.
34 Causing bodily injury to another party or to a child of any party.
3.5 Threatening another party or a child of any party with imminent bodily
injury.
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS. PROPERTY AND CONDUCT OF THE PARTIES
3.6 Opening or diverting mail addressed to another party.
3.7 Unlawfully intercepting or recording another party’s electronic
communications.
P E) RO AND. 0) NDS_ DURING
If this is a divorce case, both parties to the mariage are
ORDERED to refrain from doing the following acts:
4d Destroying, removing, concealing, encumbering, transferring, orotherwise
harming or reducing the value of the property of one or both of the parties.
4.2 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.
43 Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
44 Tampering with the tangible property of one or both of the parties,
including any document that represents or embodies anything of value,
and causing pecuniary loss to the other party.
45 Selling, transferring, assigning, mortgaging, encumbering, or in any other
manner alienating any of the property of either party, whether personal
property or real property, and whether separate or community, except as
specifically authorized by this order.
4.6 Incurring any indebtedness, other than legal expenses in connection with
this suit, except as specifically authorized by this order.
47 Making withdrawals from any checking or savings account in any
financial institution for any purpose, except as specifically authorized by
this order.
48 Spending any sum of cash in sither party’s possession or subject to either
party's control for any purpose, except as specifically authorized by this
order.
49 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.
4.10 Entering any safe-deposit box in the name of or subject to the control of
Petitioner or Respondent, whether individually or jointly with others.
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
3
4.11 Signing or endorsing the other party’s name on 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.
4.12 Taking any action to terminate or limit credit or charge cards in the name
of the otber party.
4.13 Entering, operating, or exercising control over the motor vehicle in the
possession of the other party.
414 Discontinuing or reducing the withholding for federal income taxes on
wages or salary while this suit is pending.
4.15 Terminating or in any manner affecting the service of water, electricity,
gas, telephone, cable television, or other contractual services, such as
security, pest 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.
4.16 Excluding the other party from the use and enjoyment of the other party’s
residence.
4.17 Communicating with the other party’s employer or a person with whom
the other party has a business relationship without a legitimate purpose.
ONAL, Us IN DIVORCE S “Records”
means any tangible document or recording and includes e-mail or other digital or
electronic data, whether stored on a computer hard drive, diskette or other
electronic storage device. If this is a divorce case, both parties to the mariage are
ORDERED io refrain from doing the following acts:
5a Concealing, destroying, disposing of, or altering any family records.
property records, financial records, business records or any records of
income, debts, or other obligations.
42 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
maniage are ORDERED to refrain from doing the following acts:
61 Withdrawing or borrowing in any manner all or any part of the cash
surrender value of life insurance policies on the life of either party, except
as specifically authorized by this order or a subsequent order of the court.
6.2 Changing
or in any mauner altering the beneficiary designation on any life
insurance on the life of either party or the parties” children.
MONTGOMERY COUNTY FIRST AMENDED STANDING ORI
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
4
63 Canceling, altering, or in any manner affecting any casualty, automobile,
or health insurance policies insuring the parties’ property or persons,
including the parties’ minor children.
SPECIFIC AUTHORIZATIONS IN DIVORCE CASE, If this is a divorce
case, both parties to the marriage are specifically authorized to do the following:
Fl To engage in acts reasonable and necessary to conduct each party’s usual
business and occupation.
72 To make expenditures and incur indebtedness for reasonable attorney's
fees and expenses in connection with this suit.
13. To make expenditures and incur indebtedness for reasonable and
necessary living expenses for food, clothing, shelter, transportation and
medical care.
14 To make withdrawals from accounts in financial institutions only for the
purposes authorized by this order.
SERVICE AND APPLICATION OF THIS ORDER.
8.1 The Petitioner shall attach a copy of this order to the original petition and
to each copy of the petition, At the time the petition is filed, if the
Petitioner has failed to attach a copy of this order to the petition and any
copy of the petition, the Clerk shall ensure that a copy of this order is
attached to the petition and every copy of the petition presented.
8.2 This order is effective upon the filing of the original petition and shall
remain in full force and effect as a temporary restraining order for fourteen
days after the date of the filing of the original petition. If, after service, no
party contests this order by presenting evidence at a hearing on or before
fourteen days after the date of service of the filing of the original petition,
this order shall continue in full force and effect as a temporary injunction
until further notice of the court. This entire order will terminate and will
no longer be effective only upon further order of the court, entry of a final
order, or dismissal of the case.
8.3 In addition to any other remedies available for the enforcement of this
order, at the court’s discretion, the court may award reasonable and
necessary attorney fees against a party found to have violated a provision
of this order.
EFFECT OF OTHER COURT ORDERS. If any part of this order is
different from any part of 3 protective order that has alrcady been entered
or 4g later entered, the protective order provisions prevail. Any part of this
order not changed by some later order remains in full force and effect until the
court signs a final order.
MONTGOMERY COUNTY FIRST AMENDSD STANDING ORDER
REGARDING CHILDREN, PETS,PROPERTY AND CONDUCT OF THE PARTIES
10 T ‘D_ TO DI The parties are encouraged to
settle their disputes amicably without cout intervention, The parties are
encouraged to use alternative dispute resolution methods, such as mediation, to
resolve the conflicts that may arise in this lawsuit. Mediation may be required by
the court to which the case is assigned, and the patties are ordered to comply with
any such requirement from said court.
11 BOND WAIVED. It is ORDERED that the requirement of a bond is waived.
THIS MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2014
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MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES: