SRC-BWC S.C.R. 20 77(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 20
77R2960 JXC-DBy: West, Royce
Jurisprudence
2/8/2001
As Filed


DIGEST 

Child custody law is a complex process involving a number of distinct
issues, such as child custody agreements, visitation and access privileges
for noncustodial parents, and child support obligations.  While custody
disputes generally entail competing or conflicting interests among the
various parties involved, both the public policy and the law of this state
require the judicial system to make the "best interest of the child" the
primary consideration in its resolution of custody issues.  The State of
Texas recognizes that a child's best interests, as well as those of the
child's parents or guardians, may be better served outside the courtroom in
a manner that also improves court-time efficiency and expedites the
process.  In child custody cases, alternatives to protracted litigation can
preserve the parent-child and parent-to-parent relationships and respond
more sensitively to the needs of the individuals involved.  Chapter 153 of
the Family Code addresses this concern and provides for alternative dispute
resolution procedures, such as arbitration and mediation, in cases
affecting the parent-child relationship.  Upon written agreement of
involved parties, the court may refer a case to arbitration or to
mediation. Arbitration and mediation involve the participation of a neutral
third party in a closed and confidential proceeding, offering an informal
approach and the opportunity for all parties to participate directly in
resolving the dispute, giving a child a less traumatic and more personal
experience than would be likely in a lengthy courtroom battle.  Because
alternative dispute resolution processes tend to be informal, quick, and
flexible, they can produce earlier settlements that save time, money, and
emotional expenditure, and they generally yield practical and creative
agreements to the greater satisfaction of the parties involved.  Although
alternative dispute resolution processes have been used across the state,
and the early use of such procedures has proven effective in preventing
protracted court battles, the Texas Senate Committee on Jurisprudence, in
its 2000 interim report, recognizes that a greater effort can be made by
Texas courts to exercise the remedy of alternative dispute resolution in
child custody disputes.   

PURPOSE

As proposed, S.C.R. 20 provides for the following resolutions:

Provides for the 77th Texas Legislature to urge judges who hear family law
cases to increase use of alternative dispute resolution procedures in
resolving child custody disputes.  Provides that the secretary of state
forward official copies of this resolution to the administrative director
of the Office of Court Administration of the Texas Judicial System and to
the chair of the Texas Judicial Council.