C.B. v. Texas Department of Family and Protective Services
In C.B. v. Texas Department of Family and Protective Services, 440 S.W.3d 756 (Tex. App.--El Paso 2013, no pet.) the jury was instructed that the parties' mediated settlement agreement was a judicial admission that conclusively established that as of the date of agreement, it was in the best interests of the children to be returned to their mother. Id. at 765.
The El Paso court observed that based on the unobjected-to instruction, the jury was directed to focus on the mother's behavior between the date the children were returned to her and the date of re-removal. Id. at 766.
The El Paso court specifically refused to address the propriety of the instruction as that issue was not before them.