Archive for the ‘Uncategorized’ Category

Mediated Settlement Agreement Irrevocable Even by Agreement?

On May 12, 2018

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This a pretty stunning case out of the Houston Court of Appeals – 14th District. In re Minix, 2018 Tex.App. LEXIS 1489 (Tex.App..– Houston [14th Dist.]. The parties entered a Mediated Settlement Agreement regarding custody of their three-year-old child. Prior to entry of judgment the father complained that Mother was not following the MSA and […]

Possession Decided by a Counselor/Therapist

On May 8, 2018

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I have had both lawyers and judges suggest from time to time that possession in particularly thorny custody cases be decided by a children’s therapist. Therapeutically and practically this always been problematic. The role of therapist is not to referee custody disputes and in doing so may violate the patient-client confidentiality so important in a […]

Contesting Spousal Gifts

On May 3, 2018

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A common dispute in a divorce is the appropriateness of gifts a spouse has made to third parties during the marriage. This ranges from gifts to children, parents, and paramours. Gifts fall under constructive fraud which is discussed in the prior post, but there are some additional factors. The courts have stated that as it […]