HB 3783 seeks to enhance protections for children and abuse survivors during family law proceedings by amending Section 153.010 of the Texas Family Code. Specifically, the bill regulates how and when courts can order counseling in suits affecting the parent-child relationship, particularly in cases involving conflict between parties over conservatorship or visitation rights. The bill is responsive to concerns that court-ordered counseling, in some cases, has been used in ways that isolate or harm children or force victims to interact with their abusers.
Under the revised statute, courts may continue to order counseling with qualified mental health professionals when high-conflict situations exist, but they must now consider credible evidence of family violence or sexual abuse before making such an order. Importantly, the bill prohibits courts from requiring joint counseling sessions between victims and alleged perpetrators of abuse. It also bars courts from mandating counseling programs that involve isolating children from support systems, relocating children out of state, using coercive or threatening transportation methods, altering visitation arrangements, or applying undue psychological pressure on children.
The legislation applies to all suits pending or filed on or after its effective date and explicitly states that the changes it makes constitute a “material and substantial change of circumstances.” This designation is significant in family law, as it enables affected parties to seek a modification of existing court orders based on the new provisions. The Committee Substitute therefore provides both forward-looking and retroactive protections to ensure children and parents are not subjected to harmful or inappropriate counseling mandates during legal disputes.
The Committee Substitute retains the core purpose of the originally filed bill—to limit and define how courts may order counseling in suits affecting the parent-child relationship—but introduces important structural, stylistic, and legal refinements that improve clarity and enforceability. While the original bill consolidated most provisions into a single, dense subsection, the substitute bill reorganizes the text into multiple subsections (namely, (a), (c), and (d)), separating the criteria for ordering counseling, considerations regarding abuse, and a list of prohibited practices. This restructuring aligns the bill with the Texas Legislative Council's drafting standards and makes the statute easier to interpret and apply in court.
One of the most notable improvements in the substitute version is the clearer articulation of protections for abuse victims. Whereas the original bill stated that victims “shall not be ordered” into counseling with the offender if there is a history of family violence or sexual abuse, the committee substitute rephrases this more definitively and directly: courts “may not order counseling in which a victim… participates… with the perpetrator.” This modification simplifies the language and emphasizes the protective intent of the statute, while referencing existing law under Section 153.004 of the Family Code to ensure legal consistency.
Additionally, the substitute version refines and slightly reorganizes the list of prohibited counseling practices. While both versions prohibit similar actions—such as isolating children from support systems, using forceful transport, or imposing unauthorized custody changes—the substitute separates these into clearly numbered subclauses and improves phrasing to avoid redundancy or interpretive confusion. By removing less precise language (such as “as a condition of enrollment”) and specifying what types of conduct are categorically disallowed, the substitute version strengthens judicial guidance and enforceability.
In summary, the Committee Substitute preserves the original bill’s protective aims while enhancing its legal clarity and structure. The result is a more precise, readable, and aligned legislative product that better supports the rights of children and abuse victims in family law proceedings.