I bolded those because while YOUR ORDER might state those things... if OP's does NOT, there is NO STATUTORY BASIS (as far as I know) for notice in Texas.
See this post
FreeAdvice Legal Forum - View Single Post - moving kids away n 1 week from last week or so by ProudParent.
It really does matter if an order is 'silent' on an issue or not... and OP doesn't seem too interested in answering questions.
I went back and edited my prior post as you were entering your post---Pointed out where this information was found in my Order as to where he might start looking in his.
As I stated my order was written in 04 and clearly states in the areas of possession that these are part of the Standard Order. His order may be different (as to living in the same county and pick up drop off points etc)..
Notification for changes falls under the section of my order INFORMATION REGARDING PARTIES AND CHILD. Under this section is listed our names and the child's, SS#, DL#, current residence address, mailing address, home telephone number, name of employer, address of employment, and work telephone number. My order is very specific as to how to give notice not only to the other party, but to the court etc.
Not trying to be argumentative, just want to clarify that I am not trying to say his order is going to read exactly as mine---just trying to give him an idea of where to find the info in the order.
Here's a great site that may answer many of the OP's questions:
www.texasbar.com/TemplateRedirect.cfm?Template=/ContentManagement/ContentDisplay.cfm&ContentID=17003
There also seems to be some confusion as to whether there is statutory basis for notice in TX for a parent whose order states he/she can relocate anywhere geographically. I copied and pasted the statutes and hope this helps make things a little clearer---105.006 and 105.007. It may help in the future in regards to other OPs in TX when they have a question about relocation. (105.006 is rather long so I just copied the section pertaining to notice of relocation):
§ 105.006. CONTENTS OF FINAL ORDER. (a) A final order, other than in a proceeding under Chapter 161 or 162, must contain: (1) the social security number and driver's license number of each party to the suit, including the child, except that the child's social security number or driver's license number is not required if the child has not been assigned a social security number or driver's license number; and (2) each party's current residence address, mailing address, home telephone number, name of employer, address of employment, and work telephone number, except as provided by Subsection (c). (b) Except as provided by Subsection (c), the court shall order each party to inform each other party, the court that rendered the order, and the state case registry under Chapter 234 of an intended change in any of the information required by this section as long as any person, as a result of the order, is under an obligation to pay child support or is entitled to possession of or access to a child. The court shall order that notice of the intended change be given at the earlier of: (1) the 60th day before the date the party intends to make the change; or (2) the fifth day after the date that the party knew of the change, if the party did not know or could not have known of the change in sufficient time to comply with Subdivision (1). (c) If a court finds after notice and hearing that requiring a party to provide the information required by this section to another party is likely to cause the child or a conservator harassment, abuse, serious harm, or injury, the court may: (1) order the information not to be disclosed to another party; or (2) render any other order the court considers necessary. (d) An order in a suit that orders child support or possession of or access to a child must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS." "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT." "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY." (e) Except as provided by Subsection (c), an order in a suit that orders child support or possession of or access to a child must also contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE." "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD." "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
§ 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
CHANGE OF REQUIRED INFORMATION. (a) A party shall comply with the
order by giving written notice to each other party of an intended
change in the party's current residence address, mailing address,
home telephone number, name of employer, address of employment, and
work telephone number.
(b) The party must give written notice by registered or
certified mail of an intended change in the required information to
each other party on or before the 60th day before the change is
made. If the party does not know or could not have known of the
change in sufficient time to provide 60-day notice, the party shall
provide the written notice of the change on or before the fifth day
after the date that the party knew of the change.
(c) The court may waive the notice required by this section
on motion by a party if it finds that the giving of notice of a
change of the required information would be likely to expose the
child or the party to harassment, abuse, serious harm, or injury.
These instructions are currently given in all Final Decrees of divorce in TX.(And 105.007 is quite specific as to how notification is to be given). Therefore, all parents that have the right to establish primary residence of the child, and can set up the primary residence anywhere geographically, are still required to give the other parent notice of their intent to move within a certain time frame. The time frame is the 60th day before the date the party intends to make the change; or the fifth day after the date that the party knew of the change, if the party did not know or could not have known of the change in sufficient time to comply with the 60th day requirement. 105.007 is explicit as to how notice is to be given.
LOL, the only reason why I'm familiar with the Statute at all is because OZ is an attorney. At times he has his own "special way" of interpreting the law that generally benefits his needs rather than what is legally correct. (Hence another reason why I call him the Great and Powerful Oz).
