Section 153.0071 of the Texas Family Code does not allow parties to change the terms of the negotiated transaction agreement or revoke them altogether. Although both parties strongly agree to revoke the transaction agreement and enter into a new agreement, the Texas Family Code prohibits it. Tex. Fam. Code 153.0071. If the negotiated transaction contract is in accordance with this section, the court must rule on the agreement. Tex. Fam. Code 153.0071 (e).
In a perfect world, you and your ex-spouse would come together and come to a practical agreement that would change the current agreement; A perfect plan that makes parents and children happy. If there has been no agreement, that is, MSA, and the divorce has been challenged in court (or a jury), the decree sets the conditions for the judgment. Can a divorce be granted without a transaction agreement? If a party attempts to change a previous AGREED order in which the child care obligation deviates from the “Directive” assistance (the amount is either larger or less than what would have been required by the Texas Family Code guidelines), the ability to change that premium is significantly altered. While changes are still possible when substantial and substantial changes to the circumstances of the child or a person affected by the injunction are made, the Court can no longer change custody of the children if the parties have not previously consented to custody of the children until after three years and the difference of 100/20%. But elsewhere in the Texas family code, the legislature requires that “the welfare of the child is always the primary consideration of the court in determining issues of custody and possession and access to the child.” Tex. Fam. What will the court do if it believes that the terms of a negotiated transaction contract are not in the best interests of the child? No no. Not exactly…. If the parties reach a negotiated transaction agreement, they have the right to judge that document. The Texas Supreme Court recently addressed this issue in In re Lee, 411 S.W.3d 445 (2013). It was there that the parties entered into a negotiated transaction agreement that prohibited the mother`s new husband from contacting the subject of the complaint. Id.
at 447-48. The court asked why the new husband was mentioned in the agreement, and the father revealed that the new husband was a registered sex offender. Id. at 448. When the court heard that the new husband could have slept naked in bed with his daughter next to him, the court refused to rule on the negotiated transaction contract because it was not in the best interests of the child. Id. The mother filed a complaint to compel the court to comply with the negotiated transaction contract. Id.
What a lot of people don`t know is that it`s really hard to change a geographic restriction in Texas after a divorce and custody. If your custody agreement contains a geographic restriction, which is an assumption in Texas, you must present exceptional circumstances to change them. Judges are very unlikely to deprive the other parent of the opportunity to see their child frequently and continuously. Negotiated transaction agreements are a great way for parties to solve problems without the high cost of litigation, by mutual agreement. However, the parties should be extremely cautious about what their agreements involve and be sure that this is the agreement on which the Court of Justice must rule. One of the main advantages of a negotiated transaction agreement is that it allows the parties to make their own decisions and prevents the courts from amending or amending those decisions. Like the courts, each party is bound by its terms after the conclusion of the negotiated transaction agreement and cannot make any changes. Are you sure you agree with your own negotiated transaction contract? Section 153.0071 of the Texas Family Code governs negotiated transaction agreements and states that they are binding on the parties if the agreement meets all the conditions set out in the subsection (d).