Can Family Violence Render a Mediated Settlement Agreement Void?

This past week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog article that centered around mediated settlement agreements in family law cases. We discussed how these documents are binding in almost every circumstance. State law mandates that a court issue an order reflective of the mediated settlement agreement of two parties that enter into one.

Courts typically are in favor of MSAs because they lighten their overburdened docket of cases. Parties typically prefer these arrangements as they save time and money by avoiding a full trial. Additionally, the agreements they reach are often more favorable than any judgment a court could render.

What happens in a situation where you believe that good cause exists for a court to not enforce a MSA? Given the treatment of MSAs by our State law there is certainly an uphill battle to face if your intent is have one overruled, essentially.

In a recent family case in Texas, a mother appealed, focusing her argument on the inadequate use of family violence evidence in mediation to increase her child support. Today, let’s discuss this case and its implications.

In the Interest of C.C.E., a child

This section is titled with the same name as the case under discussion. We’ll explore a notable child custody case in Texas appellate law, cited as 14-16-00571-CV. In this case, a mother appealed to one of our State’s appellate courts, challenging the enforcement of the Mediated Settlement Agreement (MSA) she had entered. She argued against the child support terms of the MSA, claiming they violated public policy, asserting her lack of genuine approval for the MSA, and highlighting the insufficient consideration of family violence in the agreement.

The mother and father, previously divorced years before this custody case, became embroiled in a dispute focusing on child support. Through mediation, they eventually agreed on a modified child support amount, different from that in their divorce order.

A critical aspect of their agreement was a clause preventing either party from changing the new child support figure for a set period after signing the MSA. The MSA, similar to any that you or I might sign in a family law case, was non-revocable and entered into voluntarily, as stated in the document.

Mother seeks to overturn MSA

Months later, the Mother attempted to take back her decision to settle and sign the MSA.

By this time, the judge had signed an agreed order, entitling both parties to a judgment based on the mutually agreed Mediated Settlement Agreement (MSA). In her effort to overturn the Order and MSA, the Mother contended that due to the occurrence of family violence, she deserved a different (higher) level of child support than the amount established.

What the mother was asking for specifically was to overturn the MSA on the grounds that any agreement that limits her ability to ask for a change in child support is void as against public policy.

Furthermore, she argued, she could pull back her consent to an agreement any time prior to the court signing the order. She had also not had an opportunity to present her positions on how family violence affected her ability to be awarded a higher than agreed to level of child support.

The court disagreed, arguing that the domestic violence assertion had occurred a long while before mediation. The large gap in time between the events made it irrelevant. Though the court certainly wasn’t defending the alleged actions of violence, the allegations alone were not enough to overturn a MSA in the court’s opinion.

Mother appeals the lower court’s decision to honor MSA

The mother vigorously argued before the appellate court, advocating for voiding the MSA because it restricted her ability to request an increase in child support. She claimed that, without the influence of family violence, she would never have signed an MSA she disagreed with. She emphasized the injustice resulting from her inability to present evidence about the family violence she endured.

The appellate court ended up upholding the decision from the lower court. It argued that while a party could revoke their consent to settle the case at any point prior to the court signing the order, there was an exception in State law that covered MSAs.

Due to the MSA having contained language stating it was irrevocable, and since the MSA met the standard set by state law for irrevocability, the MSA should have stood despite the claims of the Mother.

While the appellate court did point out that yes, there was an exception under the law that allowed for the victim of family violence to have a MSA overturned, the ability to do so was not available to the Mother in this specific instance. When everything concluded, the appellate court upheld the MSA and the order drafted based on it.

Questions on Mediation and settlement agreements? Contact the Law Office of Bryan Fagan, PLLC

If you have questions about how mediation works in the context of a family law case please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys will be available to meet with you six days a week to answer any questions that you may have.

We represent clients across southeast Texas and we would be honored to speak to you about doing the same for you and your family.

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Other Articles you may be interested in:

1. Will a Texas Court enforce a Mediated Settlement Agreement when one party is a registered sex offender?
2. Dividing community property in mediation: What can be done to settle your divorce in Texas
3. Mediation: A time and money saver for your Texas Divorce
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5. 3 Great Texas Divorce Mediation Ideas
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7. What is Divorce and Family Law Mediation in Spring and Houston Texas?
8. 6 things You Need to Know Before You File for Divorce in Texas
9. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
10. Can I sue my spouse’s mistress in Texas?
11. 6 Tips – On How to prepare for a Texas Divorce
12. Child Custody Basics in Texas
13. 6 Mistakes that can Destroy Your Texas Divorce Case

Frequently Asked Questions

Are mediated settlement agreements enforceable in Texas?

Yes, mediated settlement agreements (MSAs) are generally enforceable in Texas. They serve as legally binding contracts that outline the terms of a settlement reached through mediation.

What is 153.0071 of the Texas Family Code?

Section 153.0071 of the Texas Family Code pertains to the appointment of a managing conservator in cases where there is credible evidence of a history or pattern of past or present child neglect, physical abuse, or sexual abuse by one parent against the other parent, a spouse, or a child.

What is the Rule 11 agreement in Texas Family Code?

A Rule 11 agreement, as per the Texas Family Code, refers to an agreement that is in writing, signed by the parties involved, and filed with the court. These agreements are legally binding and are often used in family law cases to resolve disputes.

Can a mediation agreement be overturned in Texas?

Yes, under certain circumstances, a mediation agreement in Texas can be overturned. This typically requires a valid legal reason, such as a violation of public policy or specific exceptions outlined in the law.

What is a mediated settlement agreement in Texas?

A mediated settlement agreement (MSA) in Texas is a legally binding contract that documents the terms of a settlement reached through mediation in a family law case. It can cover various aspects, such as child custody, support, and property division.

What is Section 261.101 of the Texas Family Code?

Section 261.101 of the Texas Family Code deals with the duty of individuals, including professionals and medical personnel, to report child abuse or neglect to the appropriate authorities in Texas.

What is Section 155.102 of the Texas Family Code?

Section 155.102 of the Texas Family Code relates to the establishment and enforcement of child support orders in the state. It outlines the procedures and guidelines for calculating child support payments.

What is Section 105.006 of the Texas Family Code?

Section 105.006 of the Texas Family Code pertains to the confidentiality of records and reports in child abuse or neglect cases. It outlines the restrictions on accessing and disclosing such records.

Law Office of Bryan Fagan, PLLC | Tomball, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Tomball, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Tomball TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.