Parenting Plans, Parenting Coordinators,
and Parenting Facilitators
§ 16.1Parenting Plans Generally
A parenting plan is the provisions of a final court order that set out rights and duties of a parent or a person acting as a parent in relation to a child, provide for periods of possession of and access to the child, provide for child support, and optimize the development of a close and continuing relationship between each parent and the child. Tex. Fam. Code § 153.601(4).
Requirements in the Family Code related to parenting plans do 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, medical support, or dental support obligation. Tex. Fam. Code § 153.611.
§ 16.2No Temporary Parenting Plan Requirement
A temporary order in a suit affecting the parent-child relationship rendered in accordance with Family Code section 105.001 is not required to include a temporary plan, and the court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Tex. Fam. Code § 153.602.
§ 16.3Final Parenting Plan Requirement
With few exceptions, a final order in a suit affecting the parent-child relationship must include a parenting plan. Tex. Fam. Code § 153.603(a). These orders are not required to include a parenting plan: an order that only modifies child support, an order that only terminates parental rights, and a final order described by Family Code section 155.001(b). Tex. Fam. Code § 153.603(b).
If the parties have not reached agreement on a final parenting plan on or before the thirtieth day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. Tex. Fam. Code § 153.603(c).
These provisions do not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Tex. Fam. Code § 153.603(d).
§ 16.4Exception to Dispute Resolution Process Requirement
A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action to modify the parenting plan in an emergency, an action to modify child support, an action alleging that the child’s present circumstances will significantly impair the child’s physical health or significantly impair the child’s emotional development, an action to enforce, or an action in which the party shows that enforcement of the requirement is precluded or limited by Family Code section 153.0071. Tex. Fam. Code § 153.6031.
A dispute resolution process is a process of alternative dispute resolution conducted in accordance with Family Code section 153.0071 (mediation and arbitration) and chapter 154 of the Texas Civil Practice and Remedies Code or any other method of voluntary dispute resolution. Tex. Fam. Code § 153.601(1); see Tex. Fam. Code § 153.0071; Tex. Civ. Prac. & Rem. Code ch. 154.
To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. If the court finds that the agreed parenting plan is in the child’s best interest, the court shall render an order in accordance with the parenting plan. Terms of the agreed parenting plan 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. If the court finds the agreed parenting plan is not in the child’s best interest, the court may request the parties to submit a revised parenting plan. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the child’s best interest. Tex. Fam. Code § 153.007.
§ 16.6Parenting Plan for Joint Managing Conservatorship
If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan designates the conservator who has the exclusive right to designate the primary residence of the child and establishes, until modified by further order, the geographic area within which the conservator shall maintain the child’s primary residence or specifies that the conservator may designate the child’s primary residence without regard to geographic location. The parenting plan must also specify the rights and duties of each parent regarding the child’s physical care, support, and education; include provisions to minimize disruption of the child’s education, daily routine, and association with friends; allocate between the parents—independently, jointly, or exclusively—all of the remaining rights and duties of a parent provided by Family Code chapter 151; be voluntarily and knowingly made by each parent and not have been repudiated by either parent at the time the order is rendered; and be in the best interest of the child. Tex. Fam. Code § 153.133(a).
The agreed parenting plan 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. Tex. Fam. Code § 153.133(b).
Notwithstanding the requirement that the parenting plan designate the conservator who has the exclusive right to designate the child’s primary residence, the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents joint managing conservators if the parenting plan meets all the other requirements above and provides that the child’s primary residence shall be within a specified geographic area. Tex. Fam. Code § 153.133(c).
If a written agreed parenting plan 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 parents’ ability 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 twelve years of age or older, the child’s preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and (7) any other relevant factor. Tex. Fam. Code § 153.134(a).
[Sections 16.7 through 16.20 are reserved for expansion.]
§ 16.21Parenting Coordinators Generally
A parenting coordinator is an impartial third party who performs any function described by Family Code section 153.606 and who is appointed under subchapter K of chapter 153 of the Code (“subchapter K”) by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures and is not appointed under another statute or a rule of civil procedure. Tex. Fam. Code § 153.601(3).
Provisions in the Family Code related to parenting coordinators do 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, medical support, or dental support obligation. Tex. Fam. Code § 153.611.
The provisions for confidentiality of alternative dispute resolution procedures under chapter 154 of the Texas Civil Practice and Remedies Code apply equally to the work of a parenting coordinator and to the parties and any other person who participates in the parenting coordination. This confidentiality provision does not affect a person’s duty to report abuse or neglect under Family Code section 261.101. Tex. Fam. Code § 153.0071(g).
§ 16.22Appointment of Parenting Coordinator
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 or assign a domestic relations office to appoint an employee or other person to serve as a parenting coordinator. Tex. Fam. Code § 153.605(a).
The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit and (2) the person appointed has the minimum qualifications required by Family Code section 153.610, as documented by the person, unless the court has waived those requirements with the agreement of the parties in accordance with Family Code section 153.610(c). Tex. Fam. Code § 153.605(b). A “high-conflict case” is a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of repetitiously resorting to the adjucative process, of anger and distrust, and of difficulty in communicating about and cooperating in the care of their children. Tex. Fam. Code § 153.601(2).
However, a party may at any time file a written objection to the appointment of a parenting coordinator on the basis that family violence has been committed by another party against the objecting party or against 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 they be placed in separate rooms during the parenting coordination. Tex. Fam. Code § 153.605(c).
An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney; guardian ad litem; child custody or adoption evaluator; friend of the court; or parenting facilitator. Tex. Fam. Code § 153.605(d).
§ 16.23Duties of Parenting Coordinator
The court must specify the duties of a parenting coordinator in the order appointing the parenting coordinator. Those duties are limited to matters that will aid the parties in identifying disputed issues; reducing misunderstandings; clarifying priorities; exploring possibilities for problem solving; developing methods of collaboration in parenting; understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; complying with the court’s order regarding conservatorship or possession of and access to the child; implementing parenting plans; obtaining training regarding problem solving, conflict management, and parenting skills; and settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. Tex. Fam. Code § 153.606(a).
The appointment of a parenting coordinator does not divest the court of its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child or of its authority to exercise management and control of the suit. Tex. Fam. Code § 153.606(b).
The parenting coordinator may not modify any order, judgment, or decree. Tex. Fam. Code § 153.606(c).
Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by subchapter K. Tex. Fam. Code § 153.606(d).
A parenting coordinator must comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. Docket No. 05–9107, June 13, 2005). On request by the court, the parties, or the parties’ attorneys, the parenting coordinator must sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. Tex. Fam. Code § 153.606(f).
§ 16.24Removal of Parenting Coordinator
If a parenting coordinator’s services have been conducted as provided by subchapter K and the Ethical Guidelines for Mediators, there is a rebuttable presumption that the parenting coordinator is acting in good faith. The court may remove the parenting coordinator in the court’s discretion. The court must remove the parenting coordinator on the request and agreement of all parties; on the request of the parenting coordinator; if good cause is shown, on the motion of a party; or if the parenting coordinator ceases to satisfy the minimum qualifications required by Family Code section 153.610. Tex. Fam. Code § 153.607.
§ 16.25Report of Parenting Coordinator
A parenting coordinator must submit a written report to the court and to the parties as often as ordered by the court. The report must be limited to a statement of whether the parenting coordination should continue. Tex. Fam. Code § 153.608.
§ 16.26Compensation of Parenting Coordinator
A court may not appoint a parenting coordinator other than a domestic relations office or a comparable county agency or a volunteer unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. Any fees of a parenting coordinator appointed under this provision shall be allocated between the parties as determined by the court. Public funds may not be used to pay the fees of a parenting coordinator, although the court may appoint the domestic relations office or a comparable county agency if personnel are available to serve that function. If due to hardship the parties are unable to pay the fees of a parenting coordinator and a domestic relations office or a comparable county agency is not available, the court, if feasible, may appoint a person, including a court employee, who meets the minimum qualifications prescribed by Family Code section 153.610 to act as a parenting coordinator on a volunteer basis and without compensation. Tex. Fam. Code § 153.609.
§ 16.27Qualifications of Parenting Coordinator
The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and (1) hold at least a bachelor’s degree in counseling, education, family studies, psychology, or social work or a graduate degree in a mental health profession, with an emphasis in family and children’s issues or (2) be licensed in good standing as an attorney in Texas. Tex. Fam. Code § 153.610(a).
In addition, a parenting coordinator must complete at least eight hours of family violence dynamics training provided by a family violence service provider; forty classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and twenty-four classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. Tex. Fam. Code § 153.610(b).
In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the stated requirements other than the family violence dynamics training requirement if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve as a parenting coordinator. Tex. Fam. Code § 153.610(c).
The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Tex. Fam. Code § 153.610(d).
§ 16.28Report of Joint Proposal or Statement of Intent; Agreements and Recommendations
If the court has ordered the parties to attempt to settle parenting issues with the assistance of a parenting coordinator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator must submit a written report describing the parties’ joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. Tex. Fam. Code § 153.6082(a).
The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is (1) prepared by the parties’ attorneys, if any, in a form that meets the applicable requirements of rule 11 of the Texas Rules of Civil Procedure, a mediated settlement agreement described by Family Code section 153.0071, a collaborative law agreement described by Family Code section 153.0072, a settlement agreement described by section 154.071 of the Civil Practice and Remedies Code, or a proposed court order and (2) incorporated into an order signed by the court. A parenting coordinator may not draft the resolution or statement. Tex. Fam. Code § 153.6082(b), (c).
The actions of a parenting coordinator in this process do not constitute the practice of law. Tex. Fam. Code § 153.6082(d).
[Sections 16.29 through 16.40 are reserved for expansion.]
§ 16.41Parenting Facilitators Generally
A parenting facilitator is an impartial third party who performs any function described by Family Code section 153.6061 and who is appointed under subchapter K of chapter 153 of the Family Code (“subchapter K”) by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential and is not appointed under another statute or a rule of civil procedure. Tex. Fam. Code § 153.601(3–a).
Provisions in the Family Code related to parenting facilitators do 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, medical support, or dental support obligation. Tex. Fam. Code § 153.611.
§ 16.42Appointment of Parenting Facilitator
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 facilitator or assign a domestic relations office to appoint an employee or other person to serve as a parenting facilitator. Tex. Fam. Code § 153.6051(a).
The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit and (2) the person appointed has the minimum qualifications required by Family Code section 153.6101, as documented by the person. Tex. Fam. Code § 153.6051(b); see In re Z.J.M.A., No. 13-20-00469-CV, 2022 WL 480252, at *12 (Tex. App.—Corpus Christi–Edinburg Feb. 17, 2022, no pet.) (mem. op.). A “high-conflict case” is a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of repetitiously resorting to the adjucative process, of anger and distrust, and of difficulty in communicating about and cooperating in the care of their children. Tex. Fam. Code § 153.601(2).
However, a party may at any time file a written objection to the appointment of a parenting facilitator on the basis that family violence has been committed by another party against the objecting party or against a child who is the subject of the suit. After an objection is filed, a parenting facilitator 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 facilitator 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 they be placed in separate rooms during the parenting facilitation. Tex. Fam. Code § 153.6051(c).
§ 16.43Duties of Parenting Facilitator
The court must specify the duties of a parenting facilitator in the order appointing the parenting facilitator. Those duties are limited to matters that will aid the parties in identifying disputed issues; reducing misunderstandings; clarifying priorities; exploring possibilities for problem solving; developing methods of collaboration in parenting; understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; complying with the court’s order regarding conservatorship or possession of and access to the child; implementing parenting plans; obtaining training regarding problem solving, conflict management, and parenting skills; settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes; and monitoring compliance with court orders. In performing the duties, the parenting facilitator must comply with the standard of care that applies to the professional license the parenting facilitator holds. Tex. Fam. Code § 153.6061(a), (b); see Tex. Fam. Code § 153.606(a).
The appointment of a parenting facilitator does not divest the court of its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child or of its authority to exercise management and control of the suit. Tex. Fam. Code § 153.6061(c).
The parenting facilitator may not modify any order, judgment, or decree. Tex. Fam. Code § 153.6061(d).
Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by subchapter K or the standards or practice of the parenting facilitator’s professional license. Tex. Fam. Code § 153.6061(e).
§ 16.44Removal of Parenting Facilitator
If a parenting facilitator’s services have been conducted as provided by subchapter K and the standard of care that applies to the parenting facilitator’s professional license, there is a rebuttable presumption that the parenting facilitator is acting in good faith. The court may remove the parenting facilitator in the court’s discretion. The court must remove the parenting facilitator on the request and agreement of all parties; on the request of the parenting facilitator; if good cause is shown, on the motion of a party; or if the parenting facilitator ceases to satisfy the minimum qualifications required by Family Code section 153.6101. Tex. Fam. Code § 153.6071.
§ 16.45Report of Parenting Facilitator
A parenting facilitator must submit a written report to the court and to the parties as often as the court orders. The report may include a recommendation described by Family Code section 153.6082(e) (to implement or clarify an existing court order) and any other information the court requires, but it may not include recommendations regarding conservatorship of, possession of, or access to the child. Tex. Fam. Code § 153.6081.
§ 16.46Compensation of Parenting Facilitator
A court may not appoint a parenting facilitator other than a domestic relations office or a comparable county agency or a volunteer unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting facilitator. Any fees of a parenting facilitator appointed under this provision shall be allocated between the parties as determined by the court. Public funds may not be used to pay the fees of a parenting facilitator, although the court may appoint the domestic relations office or a comparable county agency if personnel are available to serve that function. If due to hardship the parties are unable to pay the fees of a parenting facilitator and a domestic relations office or a comparable county agency is not available, the court, if feasible, may appoint a person, including a court employee, who meets the minimum qualifications prescribed by Family Code section 153.6101 to act as a parenting facilitator on a volunteer basis and without compensation. Tex. Fam. Code §§ 153.609, 153.6091.
§ 16.47Qualifications of Parenting Facilitator
A parenting facilitator must hold a license to practice in Texas as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney. A parenting facilitator must also have completed at least eight hours of family violence dynamics training provided by a family violence service provider; forty classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; twenty-four classroom hours of training in the fields of family dynamics, child development, and family law; and sixteen hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. Tex. Fam. Code § 153.6101(b).
The court must determine whether the qualifications of a proposed parenting facilitator satisfy these requirements. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator must provide proof that the person satisfies the required minimum qualifications. Tex. Fam. Code § 153.6101(a).
The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Tex. Fam. Code § 153.6101(c).
§ 16.48Conflicts of Interest and Bias of Parenting Facilitator
Before being appointed as parenting facilitator in a suit, a person who has a conflict of interest with, or previous knowledge of, a party or a child who is the subject of a suit must disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney. Unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the person’s appointment as parenting facilitator, the person must decline appointment. Tex. Fam. Code § 153.6102(a).
A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or previous knowledge of, a party or a child who is the subject of the suit must immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney. Unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the person’s continuation as parenting facilitator, the person must withdraw. Tex. Fam. Code § 153.6102(b).
Before accepting appointment in a suit, a parenting facilitator must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney a pecuniary relationship with an attorney, party, or child in the suit; a relationship of confidence or trust with an attorney, party, or child in the suit; and other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person’s service as parenting facilitator. Unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the person’s service as parenting facilitator in the suit, the person must decline appointment. Tex. Fam. Code § 153.6102(c), (d).
A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. These provisions do not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this provision applies is as a teacher of coparenting skills in a class conducted in a group setting. The definition of the term family in Family Code section 71.003 applies in these provisions. Tex. Fam. Code § 153.6102(e); see Tex. Fam. Code § 71.003.
A parenting facilitator must promptly and simultaneously disclose to each party’s attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party’s attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside a parenting facilitator session and involved the substance of parenting facilitation. Tex. Fam. Code § 153.6102(f).
§ 16.49Communications and Recordkeeping of Parenting Facilitator
A communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence, regardless of any rule, standard of care, or privilege applicable to the parenting facilitator’s professional license. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. Tex. Fam. Code § 153.6083(a). However, it is not error for a court to exclude testimony at trial regarding the facilitator’s recommendation regarding conservatorship and possession, as such a recommendation is statutorily prohibited. Gadekar v. Zankar, No. 12-16-00209-CV, 2018 WL 2440393 at *3–4 (Tex. App.—Tyler May 31, 2018, no pet.) (mem. op.).
A parenting facilitator must keep a detailed record about meetings and contacts with the parties, attorneys, or other persons involved in the suit. A person who participates in parenting facilitation is not a patient as defined by section 611.001 of the Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator’s duties is confidential. On request, the parenting facilitator must make records of parenting facilitation available to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. Tex. Fam. Code § 153.6083(b)–(d).
A parenting facilitator must keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator’s services are terminated, unless the licensing authority that issues the parenting facilitator’s professional license establishes a different period. Tex. Fam. Code § 153.6083(e).
§ 16.50Report of Joint Proposal or Statement of Intent; Agreements and Recommendations
If the court has ordered the parties to attempt to settle parenting issues with the assistance of a parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting facilitator must submit a written report describing the parties’ joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. Tex. Fam. Code § 153.6082(a).
The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement (1) is prepared by the parties’ attorneys, if any, in a form that meets the applicable requirements of rule 11 of the Texas Rules of Civil Procedure, a mediated settlement agreement described by Family Code section 153.0071, a collaborative law agreement described by Family Code section 153.0072, a settlement agreement described by section 154.071 of the Civil Practice and Remedies Code, or a proposed court order and (2) is incorporated into an order signed by the court. A parenting facilitator may not draft the resolution or statement. Tex. Fam. Code § 153.6082(b), (c).
The actions of a parenting facilitator in this process do not constitute the practice of law. Tex. Fam. Code § 153.6082(d).
If the court has ordered the parties to attempt to settle parenting issues with the assistance of a parenting facilitator and the parties are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. Such a recommendation does not affect the terms of an existing court order. Tex. Fam. Code § 153.6082(e).