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Protective Order case was transferred to county where divorce was pending. Transfer order (not prepared by me) contained language assessing half of costs to each party. I would like to do a nunc pro tunc or something to remove the applicant from under that order (I don't believe that any costs can be assessed under section 81.002 of the Family Code). My question is, does the court here retain any jurisdiction to do anything about it, given the transfer. Also, just for future reference, could anything be done in our county to enforce the order for payment of costs, given the transfer?
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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The power to act on the case now belongs to the receiving court. If no final protective order has been entered, the matter is still interlocutory and subject to the receiving court's plenary authority to modify any interim orders. Commensurate with that jurisdiction, I think the receiving court would be the one with power to tax costs and enforce such an order.

Besides, who filed the motion to transfer? If it was the Respondent, section 85.064(e) provides that those costs are to be paid by the movant. Since P/O proceedings are statutory, its procedural provisions are mandatory and must be strictly complied with (suggesting that noncompliance may result in voiding).
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
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