in the Interest of G.S. and J. W., Children, 12-15-00210-CV

Mother J.N. had two children (G.S., b.2006; J.W., b.2014). The Department filed for protection, conservatorship, and termination on July 30, 2014; Department was named temporary sole managing conservator.
Parties attended mediation on July 13, 2015 and signed a mediated settlement agreement (MSA) providing J.N. would execute an affidavit relinquishing parental rights; MSA included explicit acknowledgments that J.N. signed voluntarily and without mediator legal advice.
J.N. executed an affidavit of voluntary relinquishment consenting to the Department’s placement and adoption of the children; the trial court terminated J.N.’s parental rights under Tex. Fam. Code §161.001(b)(1)(K) and (b)(2) on July 15, 2015.
On appeal J.N., proceeding pro se, argued the relinquishment was coerced/fraudulent and that the mediator gave legal advice; she did not obtain or pay for the reporter’s record and did not appear at hearings on her pauper’s oath.
The appellate court treated the appeal as submitted on the clerk’s record alone and applied the presumption that missing reporter’s-record evidence supports the trial court’s findings; it found the trial court implicitly found the affidavit voluntary and affirmed termination.

Issue	J.N.’s Argument	Department’s Argument	Held
Voluntariness of affidavit of relinquishment	J.N. says she was coerced, misled, or given legal advice by the mediator and thus did not voluntarily sign the affidavit	The MSA and affidavit contain explicit written acknowledgments of voluntariness, no evidence in the clerk’s record shows coercion	Court held affidavit was voluntary; termination affirmed (trial court found affidavit executed pursuant to §161.001)
Effect of absent reporter’s record on appeal	N/A (J.N. failed to secure reporter’s record)	Lack of reporter’s record requires presumption that the missing evidence supports the trial court’s ruling; written findings in judgment are probative	Court applied presumption, relied on trial court’s findings and clerk’s record, overruled J.N.’s issue, and affirmed judgment

Bryant v. United Shortline Inc. Assurance Servs., N.A., 972 S.W.2d 26 (Tex. 1998) (missing reporter’s record presumed to support trial court’s judgment)
In re Marriage of Spiegel, 6 S.W.3d 643 (Tex. App.—Amarillo 1999) (same presumption regarding missing reporter’s record)
In re C.A.B., 289 S.W.3d 874 (Tex. App.—Houston [14th Dist.] 2009) (findings in judgment have probative value when reporter’s record is absent)
In re K.M.L., 443 S.W.3d 101 (Tex. 2014) (an involuntary affidavit of relinquishment is a complete defense to termination under §161.001(b)(1)(K))