Wednesday, May 30, 2018

You need a mediator to have a "mediation" be valid

The case below reflects that you must have a mediator present to have a real mediation.
Kitchen table agreements between the parties do not count as a mediation.




158 S.W.3d 612 (2005)

James Franklin LEE, Appellant,
v.
Jane Clarius LEE, Appellee.

No. 2-03-359-CV.
Court of Appeals of Texas, Fort Worth.
February 10, 2005.
McClure Duffee & Eitzen LLP, Clint Westhoff, Dallas, for Appellant.
Harris Cook, L.L.P., Chris Harris and David Lee Cook, Arlington, for Appellee.
Panel A: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.
The issue before this court is whether a mediated settlement agreement requires mediation. We hold that it does.
Appellee Jane Clarius Lee retained an attorney, and, on May 15, 2003, filed a petition for divorce from her husband, Appellant James Franklin Lee ("Jim"). On June 1, 2003, Jane and Jim met in Jane's home to discuss settling the case. No one else was present at this meeting. They negotiated an agreement. The first page of the agreement was prepared by Jane's attorney. Jim typed the remaining pages. The agreement, entitled "Binding Settlement Agreement," contains the following language on the first page: "PURSUANT TO SECTION 6.602 OF THE TEXAS FAMILY CODE, THIS AGREEMENT IN [SIC] NOT SUBJECT TO REVOCATION." Jim and Jane both signed the agreement. Jim was not represented by an attorney at the time he signed the agreement. Before the rendition of divorce and the property division, Jim revoked or attempted to revoke his consent to the agreement, but the trial court found *613 that the signed agreement between the parties "is ... not subject to revocation." Similarly, on November 13, 2003, the trial court entered the following conclusion of law: "The Agreement meets the requirements of Texas Family Code section 6.602(b) and is therefore not subject to revocation."
In Jim's first issue, he questions whether the written agreement can be a mediated settlement agreement when there was no mediator. Section 6.602(b) and (c) provide:
(b) A mediated settlement agreement is binding on the parties if the agreement:
(1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.
(c) If a mediated settlement agreement meets the requirements of this section, a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.[1]
As Jane points out, neither mediated settlement agreement nor mediated is defined in section 6.602. As this court has already held when construing another part of this statute,
In construing a statute, our objective is to determine and give effect to the legislature's intent. When terms are not defined in a statute, we apply their ordinary meaning. We also presume that the legislature intended a just and reasonable result in enacting a statute. A court will not construe a statute in a manner that will lead to a foolish or absurd result when another alternative is available.[2]
The first definition for mediation in Webster's Third New International Dictionary is "intervention between conflicting parties or viewpoints to promote reconciliation, settlement, compromise, or understanding."[3] Similarly, mediation is defined in Black's Law Dictionary as "[a] method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution."[4]
Jane argues that the purpose of a neutral third party's presence is to facilitate communication and that when a neutral third party's presence is not necessary to facilitate communication, the parties can agree to reconcile their differences, voluntarily invoke section 6.602, and reach a mediated settlement agreement without a mediator.
Given that section 7.006(a) of the Texas Family Code, which has been in force for many years, already allows divorcing parties to enter into written agreements without requiring mediation concerning the division of the community assets and liabilities as well as spousal maintenance,[5] we decline to carve a common-law exception into section 6.602(b) that allows an *614 unmediated settlement agreement to morph into a mediated settlement agreement based on mere form.[6] We hold that a mediated settlement agreement necessarily requires mediation and a mediator.
Because there was no third party present at the settlement conference between Jim and Jane, there was no mediated settlement agreement. Instead, the couple's agreement is simply an agreement under section 7.006(a).[7] Such agreements may be revised or repudiated before the divorce is rendered unless the agreement is binding under another rule of law.[8] The trial court abused its discretion in preventing Jim from revoking his consent to the settlement on the basis that the agreement was a binding mediated settlement agreement. We therefore sustain Jim's first issue. Because of our disposition of this issue, we do not reach Jim's second issue challenging the legal sufficiency of the evidence to support the trial court's finding that he and Jane intended their agreement to comply with section 6.602(b) and that they voluntarily agreed to invoke section 6.602(b).
We affirm the divorce but remand this case to the trial court for trial on all remaining issues.

Consent to treatment of a child by non-parent of the child

Section 32 of the Texas Family Code addresses how and who may consent to medical, dental, psychological and surgical treatment of a child by someone NOT a parent to the child.

Section 32.002 covers the Consent form and what is required in Texas.


Emancipation in Texas

Removal of disabilities is what emancipation is called in Texas.

You must be 16 or 17 to even apply for it. AND judges usually won't grant it unless you are able to 100% support yourself without anyone else's assistance.

I find that most attorneys won't help a minor seek emancipation without at least $5,000 on account plus all fees (filing fee is approx. $300) since it is not easy and there is a lot of work to be done to prove that a child is able to 100% support themselves without help from anyone. I find that only athletes and entertainers qualify - they need to be able to sign endorsement contracts. I don't see the regular teenager convince a judge to sign unless both parents agree to this lawsuit. And normally you still need a good reason for a judge to make you an adult.

Chapter 31 of the Texas Family Code covers "Removal of Disabilities of Minority". 

It goes into detail under Section 31.002 of the minimum required info that the Petition must contain.

Section 31.004 requires the judge to appoint an amicus attorney or attorney ad litem to represent the interests of the petitioner (the child) at the hearing. You pay for this attorney and it normally costs at least $750 and can go up to $5,000 depending on their hourly rate and how much work they have to do.

Even if you are emancipated no one HAS to lease to you or sell you a car with a note. You probably won't have any credit established in your name if you are 16 or 17. Therefore, most companies won't extend you a line of credit or lease to you until you have a credit score.

Emancipating is not "magical".

Current Texas law on getting married

The Texas legislature changed the law effective September 1, 2017.

It's Section 2.101 of the Texas Family code and it's on-line for free.

It states:
The county clerk may not issue a marriage license if either applicant is under 18 years of age, unless each underage applicant shows that the applicant has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purposes.

Removal of disabilities is what emancipation is called in Texas. You must be 16 or 17 to even apply for it. AND judges usually won't grant it unless you are able to 100% support yourself without anyone else's assistance.

I find that most attorneys won't help a minor seek emancipation without at least $5,000 on account since it is not easy and there is a lot of work to be done to prove that a child is able to 100% support themselves without help from anyone. I find that only athletes and entertainers qualify - they need to be able to sign endorsement contracts. I don't see the regular teen-ager convince a judge to sign unless both parents agree to this lawsuit.

Chapter 31 of the Texas Family Code covers "Removal of Disabilities of Minority".  It goes into detail under Section 31.002 of the minimum required info that the Petition must contain.

Section 31.004 requires the judge to appoint an amicus attorney or attorney ad litem to represent the interests of the petitioner (the child) at the hearing. You pay for this attorney and it normally costs at least $750 and can go up to $5,000 depending on their hourly rate and how much work they have to do.

If a judge signs the removal of disability paperwork then you take it to the county clerk who issues marriage licenses.

You will need a certified copy of the judge's court order. Generally a certified copy is approx. $1 per page. Clerks accept credit cards and cash. No checks.


So even with a parent's approval you cannot marry until you are 18.


Wednesday, May 16, 2018

Popular amicus attorneys in Harris County


Here is a partial list of amicus attorneys used in Harris County:

Joe Indelicato

Leo Farias

Geric Tipsword 

Rogers Beaudreaux

Israel Saldivar, Jr.

Dara Percely

Rock Pilgrim 

Marsha Reed

Patricia Bushman

Allyson Brubacher

Rose Cardenas

Myrna Gregory

Gina Gilstrap

Karleana Farias

Rogers Boudreaux

Holli Palmer

Lori Laird

Itze Soliz

Allison Travers Hamilton 

Claudia Canalas

Gigi Hedelten Oglesby

Jetty Abraham