Texas Family Code - FAM § 153.00715. Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate

(a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration.

(b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law.

(c) This section does not apply to:

(1) a court order;

(2) an agreed parenting plan described by Section 153.007 ;

(3) a mediated settlement agreement described by Section 153.0071 ;

(4) a collaborative law agreement described by Section 153.0072 ;  or

(5) any other agreement between the parties that is approved by a court.


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