Vexatious Litigants in Family Law

A vexatious litigant is someone who files a lawsuit without good reason, often just to annoy or harass the other party. In family law, this is often called a "frivolous" lawsuit. Vexatious litigation can also happen when someone files unnecessary motions during an ongoing case.

Discovery is the process of getting information from the other side in a case. While discovery is usually necessary, sometimes it can be used to overwhelm or burden the other parent. Even if you think the requests are unfair, you must respond. If you have concerns, talk to a lawyer.

Some parents file unnecessary lawsuits to make things harder for the other parent. This can be called vexatious litigation. If one parent keeps filing motions to wear down the other parent, that could be considered vexatious. One common example is filing to modify a custody order without a good reason. Courts only allow modifications if there’s been a big change in circumstances and it’s in the child’s best interest.

If you think the other parent is filing lawsuits just to harass you, file a motion asking the judge to deny their requests. You can also file a separate document called a Motion to Deny Relief and Motion for Sanctions, explaining how the lawsuit is improper. Talk to a lawyer for help drafting these documents.

If the court decides a lawsuit was filed without good reason, the person who filed it may have to pay the other side’s attorney fees. Texas Family Code 156.005.

Signing legal documents means you are saying they have a valid basis. If not, the court can punish the person who filed it.

Rule 13 of the Texas Rules of Civil Procedure says that when lawyers or parties sign legal documents, they are saying they believe the information is true and not meant to mislead or harass anyone. If someone files a false or bad-faith document, they can be punished. The court assumes documents are filed honestly unless there's a good reason to think otherwise. If a document breaks this rule, the court can issue penalties after giving notice and holding a hearing.

• Paternity suits are generally not seen as frivolous. Paternity cases serve the child’s best interest by determining the legal father. Whether you’re trying to prove or disprove paternity, Texas courts prioritize establishing the child’s legal parent.

• SAPCRs. Similarly, when parents who were never married need a court order for custody, visitation, or support, either parent can file a Suit Affecting the Parent-Child Relationship (SAPCR). SAPCRs are not frivolous because they help ensure proper legal arrangements for the child.

• Divorces. In divorce cases, either parent can file for divorce, and the court can make decisions not only about the children but also about dividing property and debt.

• Modifications. And modifications to custody or support orders require strong legal or factual reasons (usually a material and substantial change.). For a judge to change an existing order, there must be a “material and substantial change” in circumstances that affect the child.

• Enforcements. Enforcement actions are also legitimate when a parent is not following the court’s orders, and adoptions or terminations of parental rights are generally not considered frivolous.

• Alternative dispute resolution. Finally, requests for mediation or arbitration are encouraged by the courts and are unlikely to be seen as vexatious.

A nonparent’s lawsuit for custody or visitation could be frivolous if it is not based on solid facts or law. Nonparents must prove the parent is unfit, which is hard to do. If you think a nonparent is involved in your case just to bother you, speak with a lawyer.