H.B. No. 252
AN ACT
relating to the use of parenting plans and parenting coordinators
in suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that the use of parenting
plans and parenting coordinators in suits affecting the
parent-child relationship will assist in promoting the best
interest of children and in helping litigants resolve their issues
relating to parenting. The legislature further finds that
conciliatory forms of dispute resolution, including mediation and
the use of parenting coordinators, promote the policy set forth in
Section 153.001, Family Code.
SECTION 2. Chapter 153, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. PARENTING PLAN AND PARENTING COORDINATOR
Sec. 153.601. DEFINITIONS. In this subchapter:
(1) "Dispute resolution process" means a process of
alternative dispute resolution conducted in accordance with
Section 153.0071 of this chapter and Chapter 154, Civil Practice
and Remedies Code.
(2) "High-conflict case" means a suit affecting the
parent-child relationship in which the parties demonstrate a
pattern of:
(A) repetitious litigation;
(B) anger and distrust;
(C) difficulty in communicating about and
cooperating in the care of their children; or
(D) other behaviors that in the discretion of the
court warrant the appointment of a parenting coordinator.
(3) "Parenting coordinator" means an impartial third
party appointed by the court to assist parties in resolving issues
relating to parenting and other family issues arising from an order
in a suit affecting the parent-child relationship.
(4) "Parenting plan" means a temporary or final court
order that sets out the rights and duties of parents in a suit
affecting the parent-child relationship and includes provisions
relating to conservatorship, possession of and access to a child,
and child support, and a dispute resolution process to minimize
future disputes.
Sec. 153.602. REQUIREMENT FOR TEMPORARY PARENTING PLAN.
(a) A temporary order that establishes a conservatorship in a suit
affecting the parent-child relationship must incorporate a
temporary parenting plan. The temporary parenting plan must comply
with the requirements for a final parenting plan under Section
153.603.
(b) Subject to Subsection (c), if the parties cannot agree
to a temporary parenting plan, the court may, on the motion of a
party or on the court's own motion, order the parties to participate
in a dispute resolution process to establish a temporary parenting
plan.
(c) At any time before the court orders the parties to
participate in a dispute resolution process under Subsection (b), a
party may file a written objection to the referral of the suit to a
dispute resolution process on the basis of family violence having
been committed by another party against the objecting party or a
child who is the subject of the suit. After an objection is filed,
the suit may not be referred to a dispute resolution process unless,
on the request of a party, a hearing is held and the court finds that
a preponderance of the evidence does not support the objection. If
the suit is referred to a dispute resolution process, the court
shall order appropriate measures be taken to ensure the physical
and emotional safety of the party who filed the objection. The
order may provide that the parties not be required to have
face-to-face contact and that the parties be placed in separate
rooms during the dispute resolution process.
(d) If a dispute resolution process is not available or is
not successful, a party may request and the court may order an
expedited hearing to establish a temporary parenting plan.
Sec. 153.603. REQUIREMENT OF FINAL PARENTING PLAN. (a) A
final order in a suit affecting the parent-child relationship must
incorporate a final parenting plan. A final parenting plan must:
(1) establish the rights and duties of each parent
with respect to the child, consistent with the criteria in this
chapter;
(2) minimize the child's exposure to harmful parental
conflict;
(3) provide for the child's changing needs as the child
grows and matures, in a way that minimizes the need for further
modifications to the final parenting plan; and
(4) provide for a dispute resolution process or other
voluntary dispute resolution procedures, before court action,
unless precluded or limited by Section 153.0071.
(b) In providing for a dispute resolution process, the
parenting plan must state that:
(1) preference shall be given to carrying out the
parenting plan; and
(2) the parties shall use the designated process to
resolve disputes.
(c) If the parties cannot reach agreement on a final
parenting plan, the court, on the motion of a party or on the
court's own motion, may order appropriate dispute resolution
proceedings under Section 153.0071 to determine a final parenting
plan.
(d) If the parties have not reached agreement on a final
parenting plan on or before the 30th day before the date set for
trial, each party shall file with the court and serve a proposed
final parenting plan. Failure by a party to comply with this
subsection may result in the court's adoption of the proposed final
parenting plan filed by the opposing party if the court finds that
plan to be in the best interest of the child.
(e) Each party filing a proposed final parenting plan must
attach:
(1) a verified statement of income determined in
accordance with the child support guidelines and related provisions
prescribed by Chapter 154; and
(2) a verified statement that the plan is proposed in
good faith and is in the best interest of the child.
Sec. 153.604. MODIFICATION OF FINAL PARENTING PLAN. (a) In
a suit for modification, a proposed parenting plan shall be filed
with the court and served with the petition for modification and
with the response to the petition for modification, unless the
modification is sought only with regard to child support. The
obligor party's proposed parenting plan must be accompanied by a
verified statement of income determined in accordance with the
child support guidelines and related provisions prescribed by
Chapter 154.
(b) The procedure for modifying a final parenting plan is
governed by Chapter 156.
Sec. 153.605. APPOINTMENT OF PARENTING COORDINATOR. (a)
In a suit affecting the parent-child relationship, the court may,
on its own motion or on a motion or agreement of the parties,
appoint a parenting coordinator to assist the parties in resolving
issues related to parenting or other family issues in the suit.
(b) The court may not appoint a parenting coordinator if any
party objects unless the court makes specific findings that:
(1) the case is or is likely to become a high-conflict
case; or
(2) the appointment of a parenting coordinator is in
the best interest of any minor child in the suit.
(c) Notwithstanding any other provision of this subchapter,
a party may at any time prior to the appointment of a parenting
coordinator file a written objection to the appointment of a
parenting coordinator on the basis of family violence having been
committed by another party against the objecting party or a child
who is the subject of the suit. After an objection is filed, a
parenting coordinator may not be appointed unless, on the request
of a party, a hearing is held and the court finds that a
preponderance of the evidence does not support the objection. If a
parenting coordinator is appointed, the court shall order
appropriate measures be taken to ensure the physical and emotional
safety of the party who filed the objection. The order may provide
that the parties not be required to have face-to-face contact and
that the parties be placed in separate rooms during the parenting
coordination.
Sec. 153.606. AUTHORITY OF PARENTING COORDINATOR. (a) The
authority of a parenting coordinator must be specified in the order
appointing the parenting coordinator and limited to matters that
will aid the parties in:
(1) identifying disputed issues;
(2) reducing misunderstandings;
(3) clarifying priorities;
(4) exploring possibilities for problem solving;
(5) developing methods of collaboration in parenting;
(6) developing a parenting plan; and
(7) complying with the court's order regarding
conservatorship or possession of and access to the child.
(b) The appointment of a parenting coordinator does not
divest the court of:
(1) its exclusive jurisdiction to determine issues of
conservatorship, support, and possession of and access to the
child; and
(2) the authority to exercise management and control
of the suit.
(c) The parenting coordinator may not modify any order,
judgment, or decree but may urge or suggest that the parties agree
to minor temporary departures from a parenting plan if the
parenting coordinator is authorized by the court to do so. Any
agreement made by the parties and the parenting coordinator may be
reduced to writing and presented to the court for approval.
(d) Meetings between the parenting coordinator and the
parties may be informal and are not required to follow any specific
procedures.
(e) A parenting coordinator may not:
(1) be compelled to produce work product developed
during the appointment as parenting coordinator;
(2) be required to disclose the source of any
information;
(3) submit a report into evidence, except as required
by Section 153.608; or
(4) testify in court.
(f) Subsection (e) does not affect the duty to report child
abuse or neglect under Section 261.101.
Sec. 153.607. REMOVAL OF PARENTING COORDINATOR. (a)
Except as otherwise provided by this section, the court shall
reserve the right to remove the parenting coordinator in the
court's discretion.
(b) The court may remove the parenting coordinator:
(1) on the request and agreement of both parties; or
(2) on the motion of a party, if good cause is shown.
Sec. 153.608. REPORT OF PARENTING COORDINATOR. A parenting
coordinator shall submit a written report to the court and to the
parties as often as ordered by the court. In the report, the
parenting coordinator may give only an opinion regarding whether
the parenting coordination is succeeding and should continue.
Sec. 153.609. COMPENSATION OF PARENTING COORDINATOR. (a)
A court may not appoint a parenting coordinator, other than an
employee described by Subsection (c) or a volunteer appointed under
Subsection (d), unless the court finds that the parties have the
means to pay the fees of the parenting coordinator.
(b) Any fees of a parenting coordinator appointed under
Subsection (a) shall be allocated between the parties as determined
by the court.
(c) Public funds may not be used to pay the fees of a
parenting coordinator. Notwithstanding this prohibition, a court
may appoint an employee of the court, the domestic relations
office, or a comparable county agency to act as a parenting
coordinator if personnel are available to serve that function.
(d) If due to hardship the parties are unable to pay the fees
of a parenting coordinator, and a public employee is not available
under Subsection (c), the court, if feasible, may appoint a person
to act as a parenting coordinator on a volunteer basis.
Sec. 153.610. QUALIFICATIONS OF PARENTING COORDINATOR. (a)
The court shall determine the required qualifications of a
parenting coordinator, provided that a parenting coordinator must
at least:
(1) hold a bachelor's degree in counseling, education,
family studies, psychology, or social work and, unless waived by
the court, complete a parenting coordinator course of at least 16
hours; or
(2) hold a graduate degree in a mental health
profession, with an emphasis in family and children's issues.
(b) In addition to the qualifications prescribed by
Subsection (a), a parenting coordinator must complete at least
eight hours of family violence dynamics training provided by a
family violence service provider.
(c) The actions of a parenting coordinator who is not an
attorney do not constitute the practice of law.
Sec. 153.611. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS.
Notwithstanding any other provision of this subchapter, this
subchapter does not apply to a proceeding in a Title IV-D case
relating to the determination of parentage or establishment,
modification, or enforcement of a child support or medical support
obligation.
SECTION 3. Section 153.007, Family Code, is amended to read
as follows:
Sec. 153.007. AGREED PARENTING PLAN [AGREEMENT CONCERNING
CONSERVATORSHIP]. (a) To promote the amicable settlement of
disputes between the parties to a suit, the parties may enter into a
written agreed parenting plan [agreement] containing provisions
for conservatorship and possession of the child and for
modification of the parenting plan [agreement], including
variations from the standard possession order.
(b) If the court finds that the agreed parenting plan
[agreement] is in the child's best interest, the court shall render
an order in accordance with the parenting plan [agreement].
(c) Terms of the agreed parenting plan [agreement]
contained in the order or incorporated by reference regarding
conservatorship or support of or access to a child in an order may
be enforced by all remedies available for enforcement of a
judgment, including contempt, but are not enforceable as a
contract.
(d) If the court finds the agreed parenting plan [agreement]
is not in the child's best interest, the court may request the
parties to submit a revised parenting plan [agreement] or the court
may render an order for the conservatorship and possession of the
child.
SECTION 4. Section 153.133, Family Code, is amended to read
as follows:
Sec. 153.133. PARENTING PLAN [AGREEMENT] FOR JOINT MANAGING
CONSERVATORSHIP. (a) If a written agreed parenting plan
[agreement of the parents] is filed with the court, the court shall
render an order appointing the parents as joint managing
conservators only if the parenting plan [agreement]:
(1) designates the conservator who has the exclusive
right to designate the primary residence of the child and:
(A) establishes, until modified by further
order, the geographic area within which the conservator shall
maintain the child's primary residence; or
(B) specifies that the conservator may designate
the child's primary residence without regard to geographic
location;
(2) specifies the rights and duties of each parent
regarding the child's physical care, support, and education;
(3) includes provisions to minimize disruption of the
child's education, daily routine, and association with friends;
(4) allocates between the parents, independently,
jointly, or exclusively, all of the remaining rights and duties of a
parent provided by Chapter 151;
(5) is voluntarily and knowingly made by each parent
and has not been repudiated by either parent at the time the order
is rendered; and
(6) is in the best interest of the child.
(b) The agreed parenting plan must [agreement may] contain
an alternative dispute resolution procedure that the parties agree
to use before requesting enforcement or modification of the terms
and conditions of the joint conservatorship through litigation,
except in an emergency.
SECTION 5. Section 153.134(a), Family Code, is amended to
read as follows:
(a) If a written agreed parenting plan [agreement of the
parents] is not filed with the court, the court may render an order
appointing the parents joint managing conservators only if the
appointment is in the best interest of the child, considering the
following factors:
(1) whether the physical, psychological, or emotional
needs and development of the child will benefit from the
appointment of joint managing conservators;
(2) the ability of the parents to give first priority
to the welfare of the child and reach shared decisions in the
child's best interest;
(3) whether each parent can encourage and accept a
positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing
before the filing of the suit;
(5) the geographical proximity of the parents'
residences;
(6) if the child is 12 years of age or older, the
child's preference, if any, regarding the appointment of joint
managing conservators; and
(7) any other relevant factor.
SECTION 6. Subchapter J, Chapter 153, Family Code, as added
by this Act, and the changes in law made by this Act to Sections
153.007, 153.133, and 153.134, Family Code, apply only to a suit
affecting the parent-child relationship filed on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by Chapter 153, Family Code, as it existed before
amendment by this Act, and the former law is continued in effect for
that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 252 was passed by the House on April
22, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 252 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor