Collaborative Family Law Act… Explained

The Collaborative Family Law Act, TCFLA §15.001, was created in an attempt to provide peaceable resolution of family disputes. Special consideration is given under this Act to those that involve a parent-child relationship. Parent-child relationship disputes may include conservatorships, visitation, custody, and support.

The Collaborative Family Law Act is intended to encourage the early settlement of pending litigation. However, this process is entirely voluntary. Family lawyers are trained to decipher the intricacies of the law. The Collaborative Family Law Act details the steps that a couple must go through in order to reach a collaborative family agreement. This agreement may be considered in reference to custody or any other family law interest.

Below are some of the ideas expressed in the TCFLA. Don’t be alarmed if it seems confusing because most of these concepts are designed to be interpreted by family attorneys how can apply these rules to situations that are unique to each family.

Details of the Law – Eligibility & Noncompliance

When determining eligibility for a family to be evaluated using The Collaborative Family Law Act, there must also be a determination in reference to family violence. (TCFLA § 15.112) Family violence can occur in a variety of different relationships like between spouses, between parents and children or in dating relationships. These definitions are listed in the act, but to fully understand the law an attorney should be asked about the specific circumstances. Your family lawyers are best equipped to help a family determine how TCFLA will affect their individual situations.

Enforcing the Law – Make Sure the Agreement Sticks

It is §15.116 that defines the Authority of the Tribunal in case of any noncompliance of parties. This statute specifically states that injunctions can be placed against persons who fail to comply through their family lawyers. The tribunal may decide that the intent of the parties was to enter into a collaborative family law agreement in absence. If the parties signed a record indicating that this was their intent or if the parties reasonably believed that they were participating in a collaborative family law intervention.

Some of the actions that may be enforced by the tribunal for The Collaborative Family Law Act are to enforce an agreement created in this process by both parties, apply any disqualifications, or apply any collaborative family law privilege. This law is complicated at best. Although it describes the intent to handle domestic disputes outside of the court venue, it does not out weight a decision made in court.

TFLA § 15.115 defines the limits to the privileges accorded by this statute. It clarifies that the privileges described in §15.114 are limited and does not apply if the Collaborative Family Law Act agreement was signed by all parties. It does not apply if all parties sign a waiver. It does not apply if it was signed under a threat or physical action to inflict bodily injury or a crime of violence. It also does not apply if one of the included reports includes a disclosure of child abuse or neglect, abuse or neglect of the elderly or disabled. There are other limitations as well.

Understanding How All This Applies

It is clear that these situations can quickly become very confusing to those who don’t have a background in family law. To understand how this law could shape a family dispute, it’s a good idea to hire a family lawyer. A great family lawyer can translate legal lingo into a language that you will understand.