Legal Question in Family Law in Texas

Orders always supersede agreements. However, agreements are enforceable as CONTRACTS, but not enforceable with contempt. That means that a person can be jailed for violating an ORDER but not for failing to abide by an AGREEMENT.

You can file a notice with the court saying that you are withdrawing your consent from the Rule 11 agreement. Fax or mail a copy of your notice to the other attorney and then see what happens. I've sketched out a form below.

There is case law that says the Rule 11 agreement is enforceable even if you withdraw your consent and case law that says you can withdraw your consent at any time prior to judgment being rendered.

Cause No ______________________

In the Interest of | In the District Court

[child's name] | xxxth Judicial District

a Child | xxxxx County, Texas

NOTICE OF WITHDRAWAL OF CONSENT TO RULE 11 AGREEMENT

To the honorable judge of this court:

Respondent [your name] hereby notifies all parties and the court that he withdraws his consent to the agreement entered into between the parties on [date of agreement] pursuant to Rule 11 of the Texas Rules of Civil Procedure.

Respectfully submitted,

[your signature]

[Your Name]

Respondent, Pro So

[your address]

[your phone number]

Certificate of Service

I affirm that a true and correct copy of the foregoing has been sent to each party or attorney of record in compliance with the Texas Rules of Civil Procedure on [date you mailed to her attorney].

[your signature]

Respondent, Pro Se

Attorney Daley has given you some wonderful advice. You should call & thank him! What a generous and kind act for him to do!

Here is what I think the peace officer will do - NOTHING!

If he/she hears that this case is being actively litigated then he/she will say - go to court and let the judge decide.

That is what the peace officers in Harris County do all the time. I'm not sure what will happen when you call, but don't be disappointed if the officer just throws up his/her hands and walks away. They are not attorneys & don't intend to get pulled into trying to be judge/jury by being handed conflicting legal documents on a front porch.

I also recommend that you immediately retain new counsel. This is much too complicated for you to be attempting to handle pro se.

Look on this website & on www.avvo.com for new counsel.