In re B.W.A. and A.R-A.

Summary

The Texas Court of Appeals, Third District, conditionally granted mandamus relief in a dispute over biological grandparents’ access to children who had been adopted after their biological father’s death and their biological mother’s parental-rights termination. The court held that a mediated settlement agreement did not confer standing because the trial court had not entered an order on the agreement before its plenary power expired. The court directed the trial court to vacate its later orders and dismiss the grandparents’ suit.

Holdings

1. Execution of the mediated settlement agreement, without a motion or petition requesting that the trial court enter an order on it while the court had plenary power, did not confer statutory standing on the grandparents to seek possession of or access to the children after the children's biological parents' death or termination of parental rights and their adoption by nonstepparents.
2. Texas Family Code section 153.0071 did not empower the trial court to enter an order on the MSA after its plenary power over the final adoption order had expired.
3. Mandamus relief was warranted because the trial court's post-plenary-power orders were void and constituted an abuse of discretion.

Questions Presented

1. Whether the mediated settlement agreement, without having been incorporated into a trial-court order during the court's plenary power, conferred statutory standing on the biological grandparents to seek possession of or access to children who were later adopted.
2. Whether the trial court retained authority under Texas Family Code section 153.0071 to enter an order on the mediated settlement agreement after its plenary power over the final adoption order expired.
3. Whether mandamus relief was appropriate to correct the trial court's post-plenary-power orders and require dismissal of the grandparents' suit.

Disposition

writ_granted