In Texas, the presence of family violence can impact the validity of a mediation settlement agreement, potentially affecting its enforcement. This blog examines how family violence can render such agreements void, ensuring that all parties involved receive a fair and just resolution. Understanding these circumstances is crucial to protecting your rights and ensuring the integrity of the mediation process.
Examining the Challenges to Enforcing Mediated Settlement Agreements in Texas Family Law Cases
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. She challenged the enforcement of the Mediated Settlement Agreement (MSA) she had signed. She argued that the child support terms violated public policy and claimed she had not genuinely approved the MSA. Additionally, she highlighted 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 child support figure for a set period. The MSA, like any family law agreement, was non-revocable. It was 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. This entitled both parties to a judgment based on the mutually agreed Mediated Settlement Agreement (MSA). In her attempt to overturn the Order and MSA, the Mother argued that family violence had occurred. She claimed this warranted a different, higher level of child support than what had been established.
The mother specifically sought to overturn the MSA. She argued that any agreement limiting her ability to request a change in child support is void. She claimed this violated public policy.
Furthermore, she argued that she could withdraw her consent to the agreement anytime before the court signed the order. She claimed she had not been given the opportunity to explain how family violence affected her ability to receive higher child support than originally agreed.
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. The argument was that a party could revoke their consent to settle at any time before the court signs the order. However, state law includes an exception that applies to MSAs.
In this case, the MSA contained language stating it was irrevocable. Since it met the state’s standard for irrevocability, the agreement should have stood, despite the Mother’s claims.
The appellate court did recognize that state law allows a victim of family violence to have an MSA overturned. However, the Mother could not use this exception in her specific case. 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
In conclusion, understanding how family violence can influence the validity of a mediation settlement agreement is essential for ensuring a fair outcome in Texas divorce or family law cases. If family violence is present, it can compromise the integrity of the agreement, potentially making it void. By being aware of these considerations, individuals can better protect their rights and work towards a resolution that is just and legally sound. Seeking experienced legal guidance can help navigate these complex issues and ensure a fair process.
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 proudly represent clients across southeast Texas and would be honored to discuss how we can assist you and your family.
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Other Articles you may be interested in:
- Is a Mediated Settlement Agreement Still Valid in Texas if a Case is Dismissed?
- Can You Challenge a Mediated Settlement Agreement in Texas?
- Can I Revoke or Set Aside a Mediated Settlement Agreement in a Texas Divorce?
- 3 Great Texas Divorce Mediation Ideas
- What is mediation?
- What is Divorce and Family Law Mediation in Spring and Houston Texas?
- 6 things You Need to Know Before You File for Divorce in Texas
- I Want a Texas Divorce but My Husband Doesn’t: What can I do?
- Can I sue my spouse’s mistress in Texas?
- 6 Tips – On How to Prepare for a Texas Divorce
- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
Frequently Asked Questions
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.
Section 153.0071 of the Texas Family Code pertains to the appointment of a managing conservator. It applies in cases where there is credible evidence of a history or pattern of child neglect, physical abuse, or sexual abuse. This abuse must involve one parent against the other parent, a spouse, or a child.
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 commonly used in family law cases to settle disputes.
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.
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.
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.
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.
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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
