Texas Family Code 15.116 – Authority of Tribunal in Case of Noncompliance
(a) Notwithstanding that an agreement fails to meet the requirements of § 15.101 or that a lawyer has failed to comply with § 15.111 or 15.112, a tribunal may find that the parties intended to enter into a collaborative family law participation agreement if the parties:
(1) signed a record indicating an intent to enter into a collaborative family law participation agreement; and
(2) reasonably believed the parties were participating in a collaborative family law process.
(b) If a tribunal makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 15.106, 15.107, and 15.108; and
(3) apply the collaborative family law privilege under § 15.114.
Terms Used In Texas Family Code 15.116
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
