Tex. Fam. Code Section 15.116
Authority of Tribunal in Case of Noncompliance

(a)

Notwithstanding that an agreement fails to meet the requirements of Section 15.101 (Requirements for Collaborative Family Law Participation Agreement) or that a lawyer has failed to comply with Section 15.111 (Informed Consent) or 15.112 (Family Violence), a tribunal may find that the parties intended to enter into a collaborative family law participation agreement if the parties:

(1)

signed a record indicating an intent to enter into a collaborative family law participation agreement; and

(2)

reasonably believed the parties were participating in a collaborative family law process.

(b)

If a tribunal makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, the tribunal may:

(1)

enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(2)

apply the disqualification provisions of Sections 15.106 (Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception), 15.107 (Exception from Disqualification for Representation of Low-income Parties), and 15.108 (Governmental Entity as Party); and

(3)

apply the collaborative family law privilege under Section 15.114 (Privilege Against Disclosure of Collaborative Family Law Communication).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.

Source: Section 15.116 — Authority of Tribunal in Case of Noncompliance, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­15.­htm#15.­116 (accessed Apr. 29, 2024).

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Accessed:
Apr. 29, 2024

§ 15.116’s source at texas​.gov