Arizona Laws 25-1058. Expedited enforcement of child custody determination
A. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
Terms Used In Arizona Laws 25-1058
- Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Arizona Laws 25-1002
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Arizona Laws 25-1002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity. See Arizona Laws 25-1002
- Physical custody: means the physical care and supervision of a child. See Arizona Laws 25-1002
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1002
B. A petition for enforcement of a child custody determination must state:
1. Whether the court that issued the determination identified the jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was.
2. Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, shall identify the court, the case number and the nature of the proceeding.
3. Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding.
4. The present physical address of the child and the respondent, if known.
5. Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
6. If the child custody determination has been registered and confirmed under section 25-1055, the date and place of registration.
C. On the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.
D. An order issued under subsection C of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 25-1062 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that either of the following is true:
1. The child custody determination has not been registered and confirmed under section 25-1055 and that any of the following is true:
(a) The issuing court did not have jurisdiction under article 2 of this chapter.
(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.
(c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought.
2. The child custody determination for which enforcement is sought was registered and confirmed under section 25-1054, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.