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


Senate Research CenterC.S.S.C.R. 20
77R6646 JXC-DBy: West, Royce
Jurisprudence
2/12/2001
Committee Report (Substituted)


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, except in certain cases involving
domestic violence or abuse, 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, C.S.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.   

SUMMARY OF COMMITTEE CHANGES

Differs from As Filed version by adding "except in certain cases involving
domestic violence or abuse" when referring to alternatives to protracted
litigation that can preserve the parent-child and parentparent
relationships in child custody cases.