Tex. Fam. Code Section 153.0071
Alternate Dispute Resolution Procedures


(a)

On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. The agreement must state whether the arbitration is binding or non-binding.

(b)

If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator’s award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator’s award.

(c)

On the written agreement of the parties or on the court’s own motion, the court may refer a suit affecting the parent-child relationship to mediation.

(d)

A mediated settlement agreement is binding on the parties if the agreement:

(1)

provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;

(2)

is signed by each party to the agreement; and

(3)

is signed by the party’s attorney, if any, who is present at the time the agreement is signed.

(e)

If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.

(e-1)

Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds:

(1)

that:

(A)

a party to the agreement was a victim of family violence, and that circumstance impaired the party’s ability to make decisions; or

(B)

the agreement would permit a person who is subject to registration under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to:
(i)
reside in the same household as the child; or
(ii)
otherwise have unsupervised access to the child; and

(2)

that the agreement is not in the child’s best interest.

(f)

A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. After an objection is filed, the suit may not be referred to mediation unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. This subsection does not apply to suits filed under Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child).

(g)

The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154 (Alternative Dispute Resolution Procedures), Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601 (Definitions), and to the parties and any other person who participates in the parenting coordination. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101 (Persons Required to Report; Time to Report).
Added by Acts 1995, 74th Leg., ch. 751, Sec. 27, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 937, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 178, Sec. 7, eff. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 1351, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 7, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 2, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 99 (S.B. 495), Sec. 2, eff. September 1, 2017.

Source: Section 153.0071 — Alternate Dispute Resolution Procedures, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­153.­htm#153.­0071 (accessed Mar. 23, 2024).

153.001
Public Policy
153.002
Best Interest of Child
153.003
No Discrimination Based on Sex or Marital Status
153.004
History of Domestic Violence or Sexual Abuse
153.005
Appointment of Sole or Joint Managing Conservator
153.006
Appointment of Possessory Conservator
153.007
Agreed Parenting Plan
153.009
Interview of Child in Chambers
153.010
Order for Family Counseling
153.011
Security Bond
153.012
Right to Privacy
153.013
False Report of Child Abuse
153.014
Visitation Centers and Visitation Exchange Facilities
153.015
Electronic Communication with Child by Conservator
153.0071
Alternate Dispute Resolution Procedures
153.071
Court to Specify Rights and Duties of Parent Appointed a Conservator
153.072
Written Finding Required to Limit Parental Rights and Duties
153.073
Rights of Parent at All Times
153.074
Rights and Duties During Period of Possession
153.075
Duties of Parent Not Appointed Conservator
153.076
Duty to Provide Information
153.131
Presumption that Parent to Be Appointed Managing Conservator
153.132
Rights and Duties of Parent Appointed Sole Managing Conservator
153.133
Parenting Plan for Joint Managing Conservatorship
153.134
Court-ordered Joint Conservatorship
153.135
Equal Possession Not Required
153.138
Child Support Order Affecting Joint Conservators
153.191
Presumption that Parent to Be Appointed Possessory Conservator
153.192
Rights and Duties of Parent Appointed Possessory Conservator
153.193
Minimal Restriction on Parent’s Possession or Access
153.251
Policy and General Application of Guidelines
153.252
Rebuttable Presumption
153.253
Standard Possession Order Inappropriate or Unworkable
153.254
Child Less than Three Years of Age
153.255
Agreement
153.256
Factors for Court to Consider
153.257
Means of Travel
153.258
Request for Findings When Order Varies from Standard Order
153.311
Mutual Agreement or Specified Terms for Possession
153.314
Holiday Possession Unaffected by Distance Parents Reside Apart
153.315
Weekend Possession Extended by Holiday
153.316
General Terms and Conditions
153.317
Alternative Beginning and Ending Possession Times
153.371
Rights and Duties of Nonparent Appointed as Sole Managing Conservator
153.372
Nonparent Appointed as Joint Managing Conservator
153.373
Voluntary Surrender of Possession Rebuts Parental Presumption
153.374
Designation of Managing Conservator in Affidavit of Relinquishment
153.375
Annual Report by Nonparent Managing Conservator
153.376
Rights and Duties of Nonparent Possessory Conservator
153.377
Access to Child’s Records
153.431
Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
153.432
Suit for Possession or Access by Grandparent
153.433
Possession of or Access to Grandchild
153.434
Limitation on Right to Request Possession or Access
153.501
Necessity of Measures to Prevent International Parental Child Abduction
153.502
Abduction Risk Factors
153.503
Abduction Prevention Measures
153.551
Suit for Access
153.601
Definitions
153.602
Parenting Plan Not Required in Temporary Order
153.603
Requirement of Parenting Plan in Final Order
153.605
Appointment of Parenting Coordinator
153.606
Duties of Parenting Coordinator
153.607
Presumption of Good Faith
153.608
Report of Parenting Coordinator
153.609
Compensation of Parenting Coordinator
153.610
Qualifications of Parenting Coordinator
153.611
Exception for Certain Title Iv-d Proceedings
153.701
Definitions
153.702
Temporary Orders
153.703
Appointing Designated Person for Conservator with Exclusive Right to Designate Primary Residence of Child
153.704
Appointing Designated Person to Exercise Visitation for Conservator with Exclusive Right to Designate Primary Residence of Child in Certain Circumstances
153.705
Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of Child
153.707
Expedited Hearing
153.708
Enforcement
153.709
Additional Periods of Possession or Access
153.00715
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate
153.3721
Access to Certain Records by Nonparent Joint Managing Conservator
153.6031
Exception to Dispute Resolution Process Requirement
153.6051
Appointment of Parenting Facilitator
153.6061
Duties of Parenting Facilitator
153.6071
Presumption of Good Faith
153.6081
Report of Parenting Facilitator
153.6082
Report of Joint Proposal or Statement of Intent
153.6083
Communications and Recordkeeping of Parenting Facilitator
153.6091
Compensation of Parenting Facilitator
153.6101
Qualifications of Parenting Facilitator
153.6102
Parenting Facilitator

Accessed:
Mar. 23, 2024

§ 153.0071’s source at texas​.gov