Click here for the archive of prior Mongoose newsletters.

To view properly, please click option to DISPLAY IMAGES!

International Journal on the Reform of Family Courts

The Mongoose

Together, family law attorneys can reform our family courts!  

              Published by attorney Greg Enos 

Issue: No. 29
September 27, 2013
   The Enos Law Firm
   17207 Feather Craft Lane, Webster, Texas 77598
   (281) 333-3030    Fax: (281) 488-7775
   Web site:

Please forward this e-mail newsletter
to everyone on your e-mail contact list!


The Texas Supreme Court has decided the Lee mandamus case arising from Harris County.  The majority opinion states:

"If a mediated settlement agreement meets [certain requirements], a party is entitled to judgment on the mediated settlement agreement notwithstanding... another rule of law." TEX. FAM. CODE � 153.0071(e) (emphasis added). We are called upon today to determine whether a trial court abuses its discretion in refusing to enter judgment on a statutorily compliant mediated settlement
agreement (MSA) based on an inquiry into whether the MSA was in a child's best interest. We hold that this language means what it says: a trial court may not deny a motion to enter judgment on a properly executed MSA on such grounds. Accordingly, we conditionally grant the writ of mandamus.

. . . .

In sum, we hold today that a trial court may not deny a motion to enter judgment on a properly executed MSA under section 153.0071 based on a broad best interest inquiry. But we certainly do not hold that a child's welfare may be ignored. Rather, we recognize that section 261.101's mandatory duty to report abuse or neglect, the numerous other statutes authorizing protective action by the trial court, and the safeguards inherent in the mediation process fulfill the need to ensure that children are protected. And they do so without subjecting MSAs to an impermissible level of scrutiny that threatens to undermine the benefits of mediation. The trial court's authority to continue an MSA hearing and to take protective action under the various statutes discussed above is triggered not by a determination that an MSA is not in a child's best interest, but by evidence that a child's welfare is in jeopardy. Thus, the mediation process and its benefits are preserved, and, most importantly, children are protected.

Click here to download the majority opinion.

Click here to download Justice Guzman's concurring opinion.

Click here to download the dissenting opinion. 



mongoose is watching
The Mongoose is watching! 


Please Participate in the HBA Judicial Evaluation Poll  

Be sure to participate in the Houston Bar Association Judicial Evaluation Poll (which can only be done on-line from September 25 through October 16) and accurately and fairly evaluate Judge Pratt and our other family court judges.   The poll is done 100% on-line this year and it takes about 10 minutes to finish.


Here are directions on how to participate in the HBA Online Judicial Evaluation poll: 


If you are member of the HBA, you should have received an e-mail from Ballot Box .  Please set your spam filter to allow the following:  


The closing date and time for the questionnaire is 11:45 p.m. on October 16, 2013.


The email will be from:  

Houston Bar Assn Online Voting <>

The Subject Line: BallotBox: New Poll '2013 HBA Judicial Evaluation Questionnaire'


Once you open your BallotBox e-mail, click on the link "Click here to vote." It will take you to a login page. You will create a password of your choosing following the directions.  (Please be sure to remember and make note of your password, as you will need it to access a saved questionnaire.) After you create your password, you will be taken straight to a Web page that summarizes the Judicial Evaluation Questionnaire. 










be him

The Lee Case Partially Solves Our Biggest Problem With Judge Pratt

The Lee opinion issued by the Texas Supreme Court today should help solve one of our biggest problems with Judge Pratt, who regularly refuses to accept settlement agreements in cases.  Now, as long as the agreement is embodied in a properly worded Mediated Settlement Agreement, then Judge Pratt has to enter an order based on the agreement.  I would be happy to conduct 30 minute mediations for folks who already have their agreement so that the wishes of the parents can be put into effect and a judge who has never met their kids cannot unilaterally change or reject their agreement.
 Campaign_events2Upcoming Campaign Events

I am going to try to post notices for upcoming campaign functions for all races in Galveston County and family court races in Harris County.  Candidates: please send me your notices and I will help get the word out and please stop holding secret exclusive events for just a few big fat cats that us little people are not invited to!


Anthony Magdaleno for 311th District Court

Wednesday, October 2  from 5:30 - 7:30 pm  

Home Plate Bar & Grill 
1800 Texas, Houston

Judge David Farr Fundraiser Dinner
Wednesday, October 17 at 6:30 p.m
Dinner at Cullen's
11500 Space Center Blvd, Houston, TX 77059
RSVP to Dennis Slate (everyone welcome, but dinner is $500 per person).

Phil Placzek for Judge Fund Raiser
Wednesday, October 17, 6 pm - 8 pm
Hughes Hangar on Washington

Re-elect D.A. Jack Roady BBQ Party
Thursday, October 24, 6 pm - 8 pm
Joe's BBQ, Highway 6 and 35, Alvin












Attorney Greg Enos has been through his own divorce and  child custody battle (he won) and understands  what his clients are going through.  Enos  graduated from the University of Texas Law  School and was a very successful personal injury  attorney in Texas City before he decided his true  calling was to help families in divorce and child  custody cases. Greg Enos is active in politics and in Clear Lake area charities.  He has served as President of the Bay Area Bar Association and President of the Board of  Interfaith Caring Ministries. 

Attorney Greg Enos