Texas Family Court Judge Carl Hayes critiques Bill limiting counseling orders

May 21, 2025 | Committee on Jurisprudence, Senate, Legislative, Texas


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Texas Family Court Judge Carl Hayes critiques Bill limiting counseling orders
A heated debate unfolded during the Texas Senate Committee on Jurisprudence meeting on May 21, 2025, as lawmakers and witnesses discussed a controversial bill aimed at reforming family counseling practices in cases involving domestic violence and child custody. Central to the discussion was the bill's provision that would limit a court's ability to order counseling for families, particularly in situations where one parent is accused of abuse.

Judge Carl Hayes, who oversees family law cases in Hays County, expressed strong concerns about the bill's implications. He highlighted that the legislation would strip courts of the authority to order counseling costs, which he argued is essential for facilitating therapy between parents and children. "We’re throwing the baby out with the bathwater," Hayes stated, emphasizing that the removal of this provision could hinder necessary therapeutic interventions aimed at improving family dynamics.

Paul O'Brien, a witness and father involved in a custody dispute, echoed these sentiments, warning that the bill could prevent children from receiving critical therapy needed to mend fractured parent-child relationships. He criticized the bill for banning effective therapeutic practices, particularly in cases of parental alienation, and argued that it undermines judicial discretion in determining the best interests of the child.

In contrast, supporters of the bill, including Jen Mudge from the Texas Council on Family Violence, argued that it is crucial to protect victims of domestic violence from being forced into counseling sessions with their abusers. Mudge asserted that the bill would prevent further trauma for victims and their children, ensuring that therapy is conducted in a safe environment.

The committee's discussions revealed a deep divide over the balance between protecting victims and ensuring that children have access to necessary therapeutic support. As the meeting concluded, it was clear that further deliberation would be needed to address the concerns raised by both sides, particularly regarding the definitions of abuse and the role of judicial discretion in family counseling cases. The outcome of this bill could significantly impact how family courts handle sensitive cases involving domestic violence and child custody in Texas.

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