Mediated Settlement Agreements Trump Inquiries Into Best Interests of Child, Texas Supreme Court Rules
This post has been viewed 2,899 times.
In a decision that has significant implications for family law in Texas, a majority of the Texas Supreme Court ruled on Sept. 27 that trial court judges may not overturn mediated settlement agreements between parents — even when the judge believes the agreement may not be in the best interest of a child.
The 5-4 ruling in In Re Stephanie Lee resolves one of the high court’s oldest and most difficult cases; it’s a decision many family law practitioners and judges have been anticipating for nearly two years.
The case pits two fundamental family law policies against each other: a trial court’s fealty to the alternative dispute resolution process under of the Texas Family Code §153.0071 and a judge’s duty to decide cases in the best interest of children as mandated under Family Code §153.002.
A majority of the court decided that, in situations where trial court judges are called to make tough choices about whether to overturn a mediated settlement agreement, they must adhere to §153.0071, a law the Texas Legislature passed encouraging parties to resolve their disagreements through mediated settlement agreements (MSAs).
“It is clear that the MSA statute was enacted with the intent that, when parents have agreed that a particular arrangement is in their children’s best interest and have reduced that agreement to a writing complying with section 153.0071, courts must defer to them and their agreement,” wrote Justice Debra Lehrmann. She was joined by Justices Phil Johnson, Don Willett, Eva Guzman and Jeff Boyd for the central parts of her opinion.
Read original articleTags: Texas, Texas Supreme Court, trial court judges
Related Posts
