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.
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