Texas Senate Bill SB265

Texas 2019 - 86th Regular

Caption

Relating to temporary orders during the pendency of an appeal in a suit affecting the parent-child relationship.

Impact

The bill's amendments to Section 109.001(b) of the Family Code signify a shift in how temporary orders are processed in family law cases. By alleviating the need for a bond or a detailed affidavit, the law is positioned to expedite the issuance of protective orders, which can be crucial in situations where a child's safety or well-being is at stake. This could lead to a more efficient judicial process, facilitating quicker access to protection for children and their guardians caught in lengthy legal battles.

Summary

Senate Bill 265 addresses the issue of temporary orders in cases that involve appeals concerning parent-child relationships. It modifies the Family Code to allow temporary orders to be issued without certain traditional legal requirements, such as the necessity for a bond between parties or an affidavit detailing the potential for immediate harm. This change aims to streamline the process for obtaining protective orders during the pendency of appeals, making legal interventions more accessible for parties involved in disputes regarding children.

Contention

Supporters of SB265 argue that the bill will enhance the ability of courts to respond promptly to situations where a child's welfare may be compromised during an appeal. Critics, however, may raise concerns about the potential for abuse of this streamlined process, suggesting that it could lead to protective orders being misused or issued without sufficient justification, thereby impacting parental rights and due process. Overall, the bill privileges expeditious legal action in urgent circumstances, but it also raises questions about balancing rapid response with the rights of all parties involved.