On October 22, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Perez, Nancy Ann,
and
Perez, Lesli Nicole,
for Parent Child Relationship - Conservatorship, Access, Support
in the District Court of Montgomery County.
Preview
DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1
IN THE INTEREST OF IN THE DISTRICT COURT
GERARDO LONNIE BALTIERRA JUDICIAL DISTRCIT
AND NAYDEAN PEREZ,
CHILDREN MONTGOMERY COUNTY,
TEXAS
EDIATED SETTLEMENT AGREEMENT
The parties hereto agree that the issues surrounding the request for Temporary
Orders filed in this cause are hereby settled in accordance with the following terms of this
Mediated Settlement Agreement.
The parties acknowledge that bona fide disputes and controversies exist
between them, and that they desire to compromise and settle those issues regarding the
pleadings filed in this cause. It is further understood and agreed that this is a compromise
of the parties’ respective positions.
Each signatory hereto hereby warrants and represents that they each have
the authority to bind the party or parties for whom such person acts.
The parties agree as follows:
Nancy shall have the right to consent to that the child attend grief counseling. Nancy shall
select a counselor by July 1, 2022 and provide Gerardo with the counselor’s name and
contact information. Gerardo shall have the right to contact the counselor to discuss
relevant background information for the counselor and to learn of the child’s progress.
Facetime: Gerardo shall have the right to Facetime with the child on Sundays and
Wednesdays of each week between the hours of 6pm and 8pm (central time). Gerardo
shall initiate the Facetime call. If the child does not answer or is unavailable at the time
the Gerardo calls, Nancy shall assist the child to return the Facetime call before the child’s
bedtime.
Other agreements
This agreement is effective immediatel
Attorney for Petitioner shall draft long form order to reflect this agreement.
The parties and their counsel agree to cooperate with each other in the
drafting and execution of such additional documents as are reasonably requested or
required to implement the provisions and spirit of this Settlement Agreement, but
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Created on 6/27/2022 2:35:00 PM
DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1
withstanding such additional documents the parties confirm that this is a written
settlement agreement as contemplated by Section 6.602 or 153.0071 of the Texas Family
Code.
This Settlement Agreement is made and performable in the county in which
this suit was filed and shall be construed in accordance with the laws of the State of Texas.
The parties AGREE that this Mediated Settlement Agreement provides a
basic outline of their complete Agreement. However, the parties ACKNOWLEDGE that
this agreement may omit specific details or terms that must be included in an enforceable
order based upon this Agreement. Consequently, the parties AGREE that whether this
Mediated Settlement Agreement specifically provides the necessary language to make the
underlying order enforceable the parties intend that the drafting party insert all appropriate
dates, times, locations, and/or notice requirements necessary to enforce the agreement of
the parties in their Order/Decree.
If one or more disputes arise with regard to drafting disputes of this
Agreement, the parties agree to binding arbitration of same with Allan J. Reitzer, the
Mediator, who facilitated this settlement. This provision does not include resolution of any
disputes after entry of a order arising out of this Mediated Settlement Agreement. The
parties waive any potential conflict between the mediator serving as both the mediator and
arbitrator.
The mediator is a member of the family law bar and frequently associates
with other family law practitioners and, as a result, has developed relationships with such
practitioners. Each party acknowledges they are aware that Mr. Reitzer has professional
and/or social relationships with the counsel involved in this case. The parties, and their
respective attorneys, acknowledge that they have had ample opportunity to make an inquiry
of Mr. Reitzer as to such relationships and decide whether they perceive any such
relationships present a conflict of interest or exhibit evident impartiality that would be
adverse to them. Both parties agree that any such conflict or evident partiality that could
have been the basis for disqualification is hereby waived.
The parties further AGREE that unless provided otherwise, the Texas
Family Code provisions and the State Bar of Texas Practice Manual shall be the source
for all enabling language.
All signatories to this Mediated Settlement Agreement hereby release the
Mediator from any and all responsibility arising from the drafting of this Settlement
Agreement, and by signing this Settlement Agreement acknowledge that they, or their
attorneys, have been advised by the mediator in writing that this Mediated Settlement
Agreement should be independently reviewed by counsel before executing the Agreement.
MEDIATED SETTLEMENT AGREEMENT: EACH PARTY
INTENDS AND AGREES THAT EITHER PARTY SHALL BE ENTITLED TO
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Created on 6/27/2022 2:35:00 PM
DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1
JUDGMENT ON THIS AGREEMENT UNDER THE PROVISIONS OF SECTION
153.0071 OR SECTION 6.602 OF THE TEXAS FAMILY CODE.
EACH PARTY UNDERSTANDS AND AGREES THAT THIS
AGREEMENT IS NOT REVOCABLE.
AGREED on June 27, 2022
PETITIONER RESPONDENT
AGREED AS TO FORM:
ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT
MEDIATOR ALLAN J. REITZER AMICUS
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Created on 6/27/2022 2:35:00 PM
Document Filed Date
June 28, 2022
Case Filing Date
October 22, 2021
Category
Parent Child Relationship - Conservatorship, Access, Support
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Preview
DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1 IN THE INTEREST OF IN THE DISTRICT COURT GERARDO LONNIE BALTIERRA JUDICIAL DISTRCIT AND NAYDEAN PEREZ, CHILDREN MONTGOMERY COUNTY, TEXAS EDIATED SETTLEMENT AGREEMENT The parties hereto agree that the issues surrounding the request for Temporary Orders filed in this cause are hereby settled in accordance with the following terms of this Mediated Settlement Agreement. The parties acknowledge that bona fide disputes and controversies exist between them, and that they desire to compromise and settle those issues regarding the pleadings filed in this cause. It is further understood and agreed that this is a compromise of the parties’ respective positions. Each signatory hereto hereby warrants and represents that they each have the authority to bind the party or parties for whom such person acts. The parties agree as follows: Nancy shall have the right to consent to that the child attend grief counseling. Nancy shall select a counselor by July 1, 2022 and provide Gerardo with the counselor’s name and contact information. Gerardo shall have the right to contact the counselor to discuss relevant background information for the counselor and to learn of the child’s progress. Facetime: Gerardo shall have the right to Facetime with the child on Sundays and Wednesdays of each week between the hours of 6pm and 8pm (central time). Gerardo shall initiate the Facetime call. If the child does not answer or is unavailable at the time the Gerardo calls, Nancy shall assist the child to return the Facetime call before the child’s bedtime. Other agreements This agreement is effective immediatel Attorney for Petitioner shall draft long form order to reflect this agreement. The parties and their counsel agree to cooperate with each other in the drafting and execution of such additional documents as are reasonably requested or required to implement the provisions and spirit of this Settlement Agreement, but Page of Created on 6/27/2022 2:35:00 PM DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1 withstanding such additional documents the parties confirm that this is a written settlement agreement as contemplated by Section 6.602 or 153.0071 of the Texas Family Code. This Settlement Agreement is made and performable in the county in which this suit was filed and shall be construed in accordance with the laws of the State of Texas. The parties AGREE that this Mediated Settlement Agreement provides a basic outline of their complete Agreement. However, the parties ACKNOWLEDGE that this agreement may omit specific details or terms that must be included in an enforceable order based upon this Agreement. Consequently, the parties AGREE that whether this Mediated Settlement Agreement specifically provides the necessary language to make the underlying order enforceable the parties intend that the drafting party insert all appropriate dates, times, locations, and/or notice requirements necessary to enforce the agreement of the parties in their Order/Decree. If one or more disputes arise with regard to drafting disputes of this Agreement, the parties agree to binding arbitration of same with Allan J. Reitzer, the Mediator, who facilitated this settlement. This provision does not include resolution of any disputes after entry of a order arising out of this Mediated Settlement Agreement. The parties waive any potential conflict between the mediator serving as both the mediator and arbitrator. The mediator is a member of the family law bar and frequently associates with other family law practitioners and, as a result, has developed relationships with such practitioners. Each party acknowledges they are aware that Mr. Reitzer has professional and/or social relationships with the counsel involved in this case. The parties, and their respective attorneys, acknowledge that they have had ample opportunity to make an inquiry of Mr. Reitzer as to such relationships and decide whether they perceive any such relationships present a conflict of interest or exhibit evident impartiality that would be adverse to them. Both parties agree that any such conflict or evident partiality that could have been the basis for disqualification is hereby waived. The parties further AGREE that unless provided otherwise, the Texas Family Code provisions and the State Bar of Texas Practice Manual shall be the source for all enabling language. All signatories to this Mediated Settlement Agreement hereby release the Mediator from any and all responsibility arising from the drafting of this Settlement Agreement, and by signing this Settlement Agreement acknowledge that they, or their attorneys, have been advised by the mediator in writing that this Mediated Settlement Agreement should be independently reviewed by counsel before executing the Agreement. MEDIATED SETTLEMENT AGREEMENT: EACH PARTY INTENDS AND AGREES THAT EITHER PARTY SHALL BE ENTITLED TO Page of Created on 6/27/2022 2:35:00 PM DocuSign Envelope ID: F0FDA612-A18D-4950-B8D0-36A60A1ABEB1 JUDGMENT ON THIS AGREEMENT UNDER THE PROVISIONS OF SECTION 153.0071 OR SECTION 6.602 OF THE TEXAS FAMILY CODE. EACH PARTY UNDERSTANDS AND AGREES THAT THIS AGREEMENT IS NOT REVOCABLE. AGREED on June 27, 2022 PETITIONER RESPONDENT AGREED AS TO FORM: ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT MEDIATOR ALLAN J. REITZER AMICUS Page of Created on 6/27/2022 2:35:00 PM