EP329 New Rules for Reunification Therapy: Navigating HB 3783 In Texas Custody Cases with John Millard

The world of family law, particularly in Texas custody cases, has seen significant shifts with the implementation of House Bill 3783. This new legislation, effective June 20, 2025, alters how reunification therapy is approached and ordered by courts. In this episode, lawyer-mediator, and former Associate Judge of the 328th Family District Court of Fort Bend County Texas, John Millard of MediationJudges.com, discusses his recent article on the implications of Texas HB 3783 (now codified in Chapter 153 of the TFC).

For lawyers and mediators, understanding these changes is not just beneficial, but critical for ethical and effective practice. Historically, reunification therapy emerged from the simple idea of court-ordered counseling, aiming to mend damaged parent-child relationships, often after a bitter divorce. The initial intent was to create a safe, therapeutic environment for a child and a rejected parent. However, as Judge Millard discusses, this well-intentioned concept frequently “morphed into something quite different,” becoming a tool for control, isolation, or even to force reunification with an abusive parent.

Key provisions of the law include:

• Prohibition of Isolation and Coercion: The new law explicitly forbids the isolation of children from family or school, forced overnight stays, and coercive transportation.
• No Therapist-Driven Visitation Changes: Crucially, therapists can no longer alter court-ordered visitation schedules. This authority remains solely with the judiciary.
• Increased Therapist Qualifications: Therapists must now hold a master’s level license and possess specialized training in the dynamics of family violence.
• Protection Against Forced Joint Therapy: If credible evidence of abuse exists, courts cannot mandate joint therapy between a victim and an abuser, nor can the victim be compelled to pay for such therapy.
• Material and Substantial Change: The legislature has declared this new law a material and substantial change of circumstances, providing legal grounds to modify existing reunification orders that don’t comply with the new rules.

For lawyers, this might mean a significant shift in strategy for their client. Requests for therapy must now be precise, clearly outlining goals and qualifications.

Mediators also have a vital role to play. As Judge Millard points out, parties often enter mediation casually requesting “reunification therapy” without a clear understanding of what it entails or how it aligns with the new law. Mediators can guide parties to research qualified therapists and understand appropriate therapeutic approaches before reaching an agreement. The law creates an opportunity for mediators to develop new clauses that ensure therapy is both needed and compliant with the statute, fostering safe and respectful processes.

Finally, while some fear the pendulum may have swung too far, potentially stifling necessary therapy, the consensus is that HB 3783 is a positive step. It is not about banning therapy, but about “stopping the abuse of it,” ensuring that court-ordered reunification efforts are safe, respectful, and court-controlled, ultimately prioritizing the best interests of children in Texas.

Learn more about Judge Millard (LinkedIn) at MediationJudges.com

Links:

• https://mediationjudges.com/new-rules-for-reunification-therapy-navigating-hb-3783-in-texas-custody-cases/