What Are Standing Orders?

If you have recently filed for divorce or a child custody case, you may have heard the term "standing orders." Many people assume that standing orders are unique to their case or that the judge entered them after reviewing the facts of their lawsuit.

That is generally not the case.

Standing orders are pre-existing court orders adopted by many Texas counties that automatically apply to every family law case filed in that county. They are intended to preserve the status quo while the lawsuit is pending and to prevent either party from taking actions that could unfairly affect the other spouse, the children, or the marital estate before the court has an opportunity to hear the evidence.

Standing orders are different from temporary restraining orders and temporary orders. They are already in effect before your case is filed and become applicable simply because the lawsuit has been initiated in a county that has adopted them.

Why Do Courts Use Standing Orders?

The period immediately after a divorce or custody case is filed is often the most emotionally difficult stage of the litigation.

Unfortunately, that is also when parties are most likely to close bank accounts, sell property, change passwords, cancel insurance, remove children from school, interfere with visitation, or make major decisions affecting the family without consulting the other parent.

Standing orders are designed to reduce those problems by preserving stability until the court can conduct a temporary orders hearing or the parties reach an agreement.

The goal is not to favor one party over the other. Rather, the objective is to maintain the family's existing circumstances long enough for the court to make informed decisions based upon evidence rather than reacting to unilateral actions taken during the early stages of the case.

Not Every County Has Standing Orders

Standing orders are not part of the Texas Family Code.

Instead, they are adopted by individual district courts or groups of courts within particular counties.

As a result, the standing orders in Williamson County may differ from those used in Travis County, Bell County, Hays County, or another jurisdiction. Some counties have comprehensive standing orders that automatically apply to nearly every family law case, while other counties do not utilize standing orders at all.

For that reason, it is important to carefully review the standing orders applicable to the county where your case has been filed rather than assuming every Texas court follows the same procedures.

Standing Orders Frequently Restrict Financial Transactions

One of the primary purposes of standing orders is protecting the marital estate.

Many standing orders prohibit either spouse from selling, concealing, destroying, transferring, borrowing against, or otherwise disposing of community property except for ordinary living expenses, reasonable attorney's fees, or activities conducted in the usual course of business.

These restrictions often apply to bank accounts, investment accounts, retirement accounts, vehicles, firearms, jewelry, household furnishings, business assets, and other property accumulated during the marriage.

The purpose is to ensure that assets remain available for inventory, valuation, and eventual division by agreement or court order.

Standing Orders Often Protect Children

Standing orders commonly include provisions designed to minimize conflict involving children while the lawsuit is pending.

Depending upon the county, the orders may prohibit either parent from removing the child from the State of Texas, changing the child's primary residence, withdrawing the child from school, applying for a new passport, hiding the child's location, or interfering with the other parent's possession.

Many standing orders also prohibit parents from making disparaging remarks about the other parent in the presence or hearing of the child or allowing third parties to do so.

These provisions reflect the court's recognition that children benefit when they are shielded from adult conflict during family law litigation.

You Usually Cannot Move With the Child While the Case Is Pending

One of the most common issues addressed by standing orders involves relocation.

Many counties prohibit either parent from changing the child's residence or removing the child from Texas while the case is pending unless the other parent agrees or the court authorizes the move.

The purpose is to preserve the status quo until the court has an opportunity to determine conservatorship, possession, and the child's best interests.

Parents considering a move during the divorce should discuss the issue with their attorney before relocating. In many cases, permission must first be obtained through a temporary orders hearing.

Temporary Orders Can Change the Status Quo

Standing orders are intended to govern the case only until the court enters additional orders.

At a temporary orders hearing, the judge may establish temporary conservatorship, possession schedules, child support, use of the marital residence, payment of debts, temporary spousal support, injunctions, and numerous other issues.

Once temporary orders are signed, they generally control the parties' conduct on the issues addressed by the court, even if those provisions differ from the county's standing orders.

Violating Standing Orders Can Have Serious Consequences

Standing orders are court orders.

A party who knowingly violates them may face significant consequences, including sanctions, adverse rulings during the divorce, contempt proceedings where authorized by law, monetary penalties, or attorney's fees.

Violations may also affect the court's view of a party's credibility and willingness to comply with future court orders.

Before selling property, moving a child, withdrawing large sums of money, changing insurance coverage, or taking other significant actions during the litigation, parties should first determine whether the standing orders restrict that conduct.

Standing Orders Do Not Decide the Final Outcome of Your Case

Standing orders are temporary procedural safeguards.

They do not determine who will receive the house, who will be awarded the right to designate the child's primary residence, how retirement accounts will be divided, or what the final possession schedule will be.

Those issues are resolved later through negotiation, mediation, temporary hearings, or trial after the court has considered the evidence.

Standing orders simply preserve stability while that process takes place.

Fergus & Tomanka Helps Clients Navigate Standing Orders

Many violations of standing orders occur because parties are unaware that the restrictions exist. Understanding your obligations from the beginning of the case can prevent unnecessary disputes and avoid costly litigation.

At Fergus & Tomanka, we advise clients throughout Central Texas regarding the standing orders applicable in their county, temporary restraining orders, temporary orders, divorce, custody disputes, and post-divorce litigation. We help our clients understand what actions require court approval and develop strategies that protect both their legal rights and their long-term objectives while the case is pending.