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House Bill 555 |
House Author: Phillips et al. |
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Effective: 9-1-07 |
Senate Sponsor: Harris |
House Bill 555 amends provisions of the Family Code relating to the use of parenting plans and parenting coordinators in suits affecting the parent-child relationship. The bill authorizes a court, after notice and hearing, to order a parenting plan that the court finds to be in the best interests of the child, rather than to render an order for the conservatorship and possession of the child, if the parties do not submit a revised parenting plan that is satisfactory to the court. The bill authorizes, rather than requires, an agreed parenting plan to contain an alternative dispute resolution procedure, and it establishes that the dispute resolution process can include any method of voluntary dispute resolution. It also provides certain exceptions to a parenting plan requirement that a party engage in a dispute resolution process before filing a court action. It revises provisions relating to the content of a parenting plan in a final court order, and provides that a parenting plan is not required in certain court orders. The bill authorizes, rather than requires, a party to file with the court and serve a proposed parenting plan if the parties have not reached agreement on a final plan within 30 days of going to trial, and it removes a provision specifying that failure to do so could result in the court adopting the other party's proposed plan if it finds the plan to be in the best interests of the child.
The bill requires notice and hearing and a showing of good cause before a court appoints a parenting coordinator, and it requires, rather than authorizes, a court to remove a parenting coordinator under certain circumstances. The bill adds to the list of duties of a parenting coordinator to include aiding the parties in understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan, and it requires that any agreement made with the assistance of a parenting coordinator must be written and signed by the parties and their attorneys, if any. The bill establishes that provisions for confidentiality of alternative dispute resolution procedures apply equally to the work of a parenting coordinator, the parties, and any other person who participates in the parenting coordination. The bill repeals a provision relating to the modification of a final parenting plan and a provision relating to a prohibition against compelling a parenting coordinator to disclose certain information, submit evidence, or testify in court.