Filed under: 25-324, 25-414, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Contempt, Custody, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Parenting Plan, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Pleadings, Post Judgment, Rule 69
In Arizona, if a party to a valid parenting agreement ordered by the court or through a Rule 69 Agreement is, has, or continues to violate the terms of a parenting plan agreement, then the non breaching party may be entitled to intervention from the court.
In particular, A.R.S. § 25-414 provides:
If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:
- Find the violating parent in contempt of court.
- Order visitation or parenting time to make up for the missed sessions.
- Order parent education at the violating parent’s expense.
- Order family counseling at the violating parent’s expense.
- Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.
- Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent’s expense.
- Make any other order that may promote the best interests of the child or children involved.
Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.
In addition to any hearing that may be held by the Court, court costs and attorney fees incurred by the nonviolating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.
It is strongly suggested that you meet with an experienced Arizona Family Law Attorney prior to filing your Petition with the Court pursuant to 25-414 so that the attorney can better determine whether you have enough documentary or testimonial evidence to demonstrate that the other party is in fact in breach of the parenting agreement. I say this because if such claim is brought and you ultimately cannot demonstrate with reasonable sufficiency to the Court that the other party is in fact in breach, then you may be ordered to reimburse to the other party their reasonably attorney fees and costs pursuant to A.R.S. §§ 25-324 and 25-414.
The experienced Arizona family law attorneys at the Law Firm of Ariano & Reppucci, PLLC can guide you through this or any other family law process. Ariano & Reppucci, PLLC is a discount boutique law firm that provides free consultations and many payment options to both potential and current clients. For more information please contact attorney Ryan M. Reppucci at 602-515-0841.
Filed under: Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Custody, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Discovery, Dissolution, Divorce, Divorce Laws, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Mental Evaluation, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Physical Evaluation, Pleadings, Rule 63
Rule 63, Arizona Rules of Family Law Procedure, (“ARFLP”) provides authorization, in certain situations, for the court to order that a party to a Family Court action submit to a physical, mental or vocational evaluation.
Rule 63, expresses that, with regard to Arizona Family Law Cases, when the mental, physical, or vocational condition of a party or any other person is in controversy, the court may order that person to submit to a physical, mental, or vocational evaluation by a designated expert or to produce for evaluation the person in the party’s custody or legal control.
The order may be made only on motion for good cause shown and upon notice to the person to be evaluated (unless the person to be evaluated is a minor child of one or both of the parties), and to all parties and shall specify the time, place, manner, conditions, and scope of the evaluation and the person or persons by whom it is to be made. The person to be evaluated shall have the right to have a representative present during the evaluation, unless the presence of that representative may adversely affect the outcome of the evaluation.
Rule 63 can be an invaluable mechanism in custody cases where the physical or mental health of one or more of the parties is in question. Meaning that in some way, the requesting party believes that another’s ability to “parent” because of mental or physical defects is paramount to the court’s custody determination. This Rule should not be employed in all cases, nor used to simply harass a party. There are very limited and specific reasons why requests should be made under Rule 63. For more information on whether your case warrants relief under Rule 63, it is strongly suggested that you meet with an experienced Arizona Family Lawyer prior to filing such request.
Finally, Rule 63 provides very specific requirements both procedurally and timing that must be met in using or suggesting evaluators to conduct such examinations. For this reason it is again urged that prior to making this request with the Court, that one meet with an experienced Arizona Family Law Attorney.
Having used Rule 63 many times and in many cases, Ariano & Reppucci, PLLC can assist during your free consultation in determining whether your desired Rule 63 request is reasonable. Ariano & Reppucci, PLLC, Arizona’s 24 Hour Family Law Firm can be contacted at 602-515-0841 or by visiting www.familyattorneys-arizona.com
Filed under: 25-404, 25-411, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Pleadings, Temporary Order, Temporary Orders Arizona
In Arizona, parties to many family law actions can file for temporary orders with the court. Because court calendar’s are often over loaded, it can take several months for a final trial to take place. Therefore, temporary orders requests will allow the parties to an action some stability in the interim by having the court set temporary orders which will have the same force and affect as a final order of the court until later modified, if at all.
A.R.S. §§ 25-404 and 25-411 governs temporary orders requests in Arizona. In particular, 25-404 states:
A party to a custody proceeding may move for a temporary custody order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary custody under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.
B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child’s custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody decree be issued.
C. If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.
The above statute sets out the very basics for when temporary orders may be requested. However, 25-411 sets forth in detail how a requesting party should request temporary orders with the court and what items must be included in such request.
Temporary orders can be a tricky and often times stressful subject for pro per (unrepresented) parties to grasp. Therefore, it is recommended that before filing for temporary orders with the court, you first meet with an experienced Arizona discount Family Law Attorney at Ariano & Reppucci, PLLC.
For more information on this or any other Arizona family law matter, please contact, the author at 602-515-0841 or visit other author blog posts at www.familyattorneys-arizona.com.