In re Lee
Supreme Court of Texas
411 S.W.3d 445 (Tex. 2013)
Benjamin Redus (plaintiff) sought a custody change from Stephanie Lee (defendant) regarding their minor daughter, alleging Stephanie's poor parenting decisions, including contact with her husband Scott Lee, a registered sex offender, endangered the child; Benjamin and Stephanie attended mediation and reached a settlement agreement (MSA) giving Benjamin custody, Stephanie access and possession, and enjoining Scott from being within five miles of the child, with both parties agreeing the MSA was binding and non-revocable. At a hearing to approve the MSA, the trial court refused to approve it, finding it not in the child's best interests, without finding any instance of family violence; Stephanie sought mandamus relief, the court of appeals affirmed the trial court, and the Texas Supreme Court granted review.
Whether a trial court may reject a mediated settlement agreement that satisfies statutory requirements based solely on a broad inquiry into the best interests of the minor child, without a specific finding of family violence.