Lee Case Could Change Landscape of Texas Child Custody Disputes Involving Mediated Settlements

September 14, 2012 (Press-News.org) A case currently before the Texas Supreme Court has garnered national attention, shining a light on the practice of allowing judicial review of mediated divorce and child custody agreements. The case -- In re Stephanie Lee, Relator; No 11-0732 -- involves the validity of a previously mediated child custody and visitation arrangement. The case could very well change the landscape of mediated family law settlements throughout Texas.

The Underlying Dispute

The Lee matter is a particularly noteworthy one not only because it deals with the practice of judicial review of mediated Texas family law agreements, but also because it involves one of the average parents' greatest fears, that a sex offender could be in contact with their child.

The parents divorced several years ago, and then had a dispute about modifying their existing child custody agreement. A new agreement -- one that transferred primary physical custody of the child in question to her father -- was reached with the help of a trained family law mediator.

Once the child's mother tried to have the agreement enforced in a Texas courtroom, the child's father questioned the validity of the agreement, arguing that his former wife shouldn't be allowed to have unsupervised overnight weekend visits with their daughter any longer because her new significant other was a registered sex offender who allegedly had intimate contact with the little girl.

A Texas trial court judge agreed with the father, and, acting upon the child's best interests, refused to enter the agreement into the official court record. A Texas State District Court Judge also refused to enter the agreement, at which time the child's mother appealed to the Texas Supreme Court, seeking to have the agreement entered into the official court record and made enforceable.

What Is at Stake?

This case has a much larger possible swath of influence than over just the parties themselves. Should the mediated agreement be thrown out, there are concerns from some family law experts -- including the State Bar of Texas, who entered a "friend of the court" brief on behalf of the mother in this case -- that judges will overstep their authority and essentially overrule all manner of mediated agreements governing child custody and visitation disputes. Other legal experts -- including the Texas State Attorney General himself -- take the side of the child's father, arguing that the protection of the child must be the court's foremost concern in any custody or visitation dispute regardless of whether a prior agreement had been reached through trial, mediation, mutual settlement or arbitration.

What Now?

For now, the ball is firmly in the hands of the Texas Supreme Court. They are still in the process of deciding this matter, so the Texas laws governing mediated agreements in family law cases is still valid and subject to lower court interpretation if challenged. In the meantime, if you or a loved one has questions about mediation or about having a mediated agreement entered into the official court record in order to ensure judicial enforceability, speak with a skilled family law attorney in your area.

Article provided by The Law Office of Ryan S. Dougay
Visit us at www.dougaylaw.com