divorce incorporated a mediated settlement agreement, appointing Billy as L.C.K.'s sole managing conservator and providing him the right to establish the primary residence of L.C.K. within Harris County, Texas or contiguous counties. Lynn was appointed the child's possessory conservator and given visitation rights. The divorce decree further incorporated a rule 11 agreement, as follows:
BILLY KILROY and LYNN KILROY have signed and agreed to the terms and conditions set forth in the Rule 11 Agreement attached hereto as Appendix 1, which is incorporated into this Final Decree of Divorce as though set out herein verbatim and made a part hereof for all purposes.
The rule 11 agreement provided that the parties would submit subsequent controversies concerning L.C.K. to binding arbitration. The agreement also provided that Bill Henderson, the mediator who facilitated the parties' settlement agreement, would serve as arbitrator.
In September, 2003, Billy initiated arbitration proceedings, seeking (1) to terminate Lynn's visitation rights, pending the completion of a psychiatric assessment and (2) to enforce or otherwise obtain the right to establish L.C.K.'s residence outside of Texas. After the initial arbitration proceedings, the arbitrator determined that the divorce decree prohibited Billy from relocating L.C.K. outside of Harris County or those counties contiguous to Harris County. Therefore, on October 22, 2003, the arbitrator ordered that L.C.K. was not to be removed from Harris County or contiguous counties for the purpose of changing the child's primary residence, pending *783 the completion of arbitration proceedings. The arbitrator further ordered that arbitration would reconvene on October 30, 2003, to address the issues of whether the residency restriction should be lifted and whether Lynn's visitation rights should be terminated.
Before arbitration recommenced, however, Jeanie filed a suit affecting the parentchild relationship (SAPCR) in the trial court, seeking custody of L.C.K. or, in the alternative, a 