1-1 By: West S.C.R. No. 20 1-2 (In the Senate - Filed January 30, 2001; February 1, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 February 13, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; 1-6 February 13, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.C.R. No. 20 By: West 1-8 SENATE CONCURRENT RESOLUTION 1-9 WHEREAS, Child custody law is a complex process involving a 1-10 number of distinct issues such as child custody agreements, 1-11 visitation and access privileges for noncustodial parents, and 1-12 child support obligations; while custody disputes generally entail 1-13 competing or conflicting interests among the various parties 1-14 involved, both the public policy and the law of this state require 1-15 the judicial system to make the "best interest of the child" the 1-16 primary consideration in its resolution of custody issues; and 1-17 WHEREAS, The State of Texas recognizes that a child's best 1-18 interests, as well as those of the child's parents or guardians, 1-19 may be better served outside of the courtroom in a manner that also 1-20 improves court-time efficiency and expedites the process; in child 1-21 custody cases, except in certain cases involving domestic violence 1-22 or abuse, alternatives to protracted litigation can preserve the 1-23 parent-child and parent-to-parent relationships and respond more 1-24 sensitively to the needs of the individuals involved; and 1-25 WHEREAS, Chapter 153 of the Family Code addresses this 1-26 concern and provides for alternative dispute resolution procedures, 1-27 such as arbitration and mediation, in cases affecting the 1-28 parent-child relationship; upon written agreement of involved 1-29 parties, the court may refer a case to arbitration or to mediation; 1-30 and 1-31 WHEREAS, Arbitration and mediation involve the participation 1-32 of a neutral third party in a closed and confidential proceeding, 1-33 offering an informal approach and the opportunity for all parties 1-34 to participate directly in resolving the dispute, and giving a 1-35 child a less traumatic and more personal experience than would be 1-36 likely in a lengthy courtroom battle; and 1-37 WHEREAS, Because alternative dispute resolution processes 1-38 tend to be informal, quick, and flexible, they can produce earlier 1-39 settlements that save time, money, and emotional expenditure, and 1-40 they generally yield practical and creative agreements to the 1-41 greater satisfaction of the parties involved; and 1-42 WHEREAS, Although alternative dispute resolution processes 1-43 have been used across the state, and the early use of such 1-44 procedures has proven effective in preventing protracted court 1-45 battles, the Texas Senate Committee on Jurisprudence, in its 2000 1-46 interim report, recognizes that a greater effort can be made by 1-47 Texas courts to exercise the remedy of alternative dispute 1-48 resolution in child custody disputes; now, therefore, be it 1-49 RESOLVED, That the 77th Legislature of the State of Texas 1-50 hereby respectfully urge judges who hear family law cases to 1-51 increase use of alternative dispute resolution procedures in 1-52 resolving child custody disputes; and, be it further 1-53 RESOLVED, That the secretary of state forward official copies 1-54 of this resolution to the administrative director of the Office of 1-55 Court Administration of the Texas Judicial System and to the chair 1-56 of the Texas Judicial Council. 1-57 * * * * *