Sec. 15.116. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE. (a) Notwithstanding that an agreement fails to meet the requirements of Section 15.101 or that a lawyer has failed to comply with Section 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 Section 15.114.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
Structure Texas Statutes
Title 1-A - Collaborative Family Law
Chapter 15 - Collaborative Family Law Act
Subchapter C. Collaborative Family Law Process
Section 15.101. Requirements for Collaborative Family Law Participation Agreement
Section 15.102. Beginning and Concluding Collaborative Family Law Process
Section 15.103. Proceedings Pending Before Tribunal; Status Report
Section 15.104. Emergency Order
Section 15.105. Effect of Written Settlement Agreement
Section 15.107. Exception From Disqualification for Representation of Low-Income Parties
Section 15.108. Governmental Entity as Party
Section 15.109. Disclosure of Information
Section 15.110. Standards of Professional Responsibility and Mandatory Reporting Not Affected
Section 15.111. Informed Consent
Section 15.112. Family Violence
Section 15.113. Confidentiality of Collaborative Family Law Communication
Section 15.114. Privilege Against Disclosure of Collaborative Family Law Communication
Section 15.115. Limits of Privilege
Section 15.116. Authority of Tribunal in Case of Noncompliance