Sec. 201.1041. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED ORDER OR JUDGMENT. (a) If a request for a de novo hearing before the referring court is not timely filed or the right to a de novo hearing before the referring court is waived, the proposed order or judgment of the associate judge, other than a proposed order or judgment providing for enforcement by contempt or the immediate incarceration of a party, shall become the order or judgment of the referring court by operation of law without ratification by the referring court.
(b) An associate judge's proposed order or judgment providing for enforcement by contempt or the immediate incarceration of a party becomes an order of the referring court only if:
(1) the referring court signs an order adopting the associate judge's proposed order or judgment; and
(2) the order or judgment meets the requirements of Section 157.166.
(c) Except as provided by Subsection (b), a proposed order or judgment of the associate judge is in full force and effect and is enforceable as an order or judgment of the referring court pending a de novo hearing before the referring court.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 43, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 47, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1258, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1235 (H.B. 2501), Sec. 9, eff. September 1, 2007.
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 2004–2025 · leading case:
in the Interest of R.A.O, 561 S.W.3d 704 (Tex. App. 2018).
in the Interest of R.A.O, 561 S.W.3d 704 (Tex. App. 2018).
· cites it 2× “See Tex. Fam. Code Ann § 201.1041(a) (West, Westlaw through 2017 1st C.”
Ryan Lee Graham v. Kelly Michelle Graham, 414 S.W.3d 800 (Tex. App. 2013).
“Tex. Fam.Code Ann. § 201.1041(a). However, an order “providing for enforcement *802 by contempt or the immediate incarceration of a party” will not become final automatically.”
Charlton v. State, 334 S.W.3d 5 (Tex. App. 2008).
“at 3070 (current version at Tex. Fam.Code Ann. § 201.1041 (Vernon Supp.”
in the Interest of G. S. G., 145 S.W.3d 351 (Tex. App. 2004).
· cites it 2× “Tex Fam.Code Ann. § 201.1041. Because the order at issue in this case does not involve contempt or incarceration, we will not address the special provisions related to such orders.”
In Re Gsg, 145 S.W.3d 351 (Tex. App. 2004).
· cites it 2× “TEX. FAM.CODE ANN. § 201.1041. Because the order at issue in this case does not involve contempt or incarceration, we will not address the special provisions related to such orders.”
in Re H.F. (Tex. App. 2016).
“Tex. Fam. Code Ann. §§ 201.1041 (a), .1042(b).”
in the Interest of B.C. & A.B., Child. (Tex. App. 2019).
“TEX. FAM. CODE ANN. §§ 201.1041(a) (except for proposed orders providing for enforcement by contempt or immediate incarceration of a party in Title IV-D cases) (West 2014), 201.”
— Tex. Fam. Code § 201.1041(a) — 12 cases
in the Interest of R.A.O, 561 S.W.3d 704 (Tex. App. 2018).
“See Tex. Fam. Code Ann § 201.1041(a) (West, Westlaw through 2017 1st C.”
Ryan Lee Graham v. Kelly Michelle Graham, 414 S.W.3d 800 (Tex. App. 2013).
“Tex. Fam.Code Ann. § 201.1041(a). However, an order “providing for enforcement *802 by contempt or the immediate incarceration of a party” will not become final automatically.”
in the Interest of G. S. G., 145 S.W.3d 351 (Tex. App. 2004).
“Tex Fam.Code Ann. § 201.1041. Because the order at issue in this case does not involve contempt or incarceration, we will not address the special provisions related to such orders.”
— Tex. Fam. Code § 201.1041(b) — 2 cases
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