Legal Question in Family Law in Texas

If there is currently a Rule 11 agreement in place and an "Agreed Order to Suit Parent Child Relationship", are those the only 2 orders you would go by? There was a Rule 11 agreement filed in 2006 demanded giving Iternerary to the other parent, but there have been 4 more Rule 11 agreements filed since that time and none of them require that information. Just want to make sure we are not in contempt by not going with the old Rule 11 from 2006. Ex wife has been known to cancel reservations when she has itenerary. The child is almost 17 so it's not like we are dealing with an infant here and this has been going on for 15 years!! Thanks and any help would be apprecated.


Asked on 2/07/11, 9:41 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Orders trump Rule 11 agreements. Only orders are enforceable by contempt. So if you violate an order, you face contempt. If you violate a Rule 11 THAT HAS NOT BEEN REDUCED TO AN ORDER, you face a breech of contract issue.

How are you filing rule 11 agreements if there is no litigation pending?

It might be helpful if you would post the dates for each R11 and Order and the subject matter/provisions (generally) of the R11s.

I would never advise anyone to breech an agreement, but if the only writing requiring notification is a Rule 11 agreement, you might consider the likelihood of the other parent filing a breech of contract action over it. Maybe it's a high risk--but you know the parties better than I do.

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Answered on 2/10/11, 6:08 pm


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