Phoenix Arizona Emergency Order for Child Custody and / or Visitation

State:
Arizona
City:
Phoenix
Control #:
AZ-DR-3-E
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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  • Preview Emergency Order for Child Custody and / or Visitation
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FAQ

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in accordance with Section 21. Article VI of the Arizona Constitution.

If the matter is critical, and does involve a true emergency, then Rule 48 of the Arizona Rules of Family Law Procedure provides you an option as well. This rule permits you to seek emergency assistance from the court without notice to the other side.

If the court makes an emergency protection order, a social worker might collect your child and take them to be looked after somewhere else. The social worker is allowed to go into your child's home to collect them. They can also collect your child from another place, for example their school or a friend's house.

If a parent has welfare concerns about a child and a parent has not returned them, then it may be possible to apply for an emergency Child Arrangements Order. The court can order an interim Child Arrangements Order. This is where the child could be returned to the care of one parent, while a full hearing is ongoing.

Take your original paperwork and your three copies to the court clerk for filing. Find your county's court website to determine where to go to file your paperwork or to ask more questions about the process. The clerk will file your paperwork and direct you to the judge who will hear your case.

The temporary custody authorized by the order will expire 72 hours after the execution of the order, excluding weekends and holidays, unless a dependency petition is filed or the parent or guardian enters into a Voluntary Placement Agreement with the Department.

What is a Rule 69 Agreement in Arizona? When spouses who have children are getting separated or divorced they have the option of meeting privately ahead of divorce trial proceedings to discuss issues such as visitation and parenting time, child support, and how to divide assets.

Temporary Orders Without Notice (a) Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion.

If the court grants the emergency, the court will typically schedule a hearing within five days. Once granted an emergency child custody order, you will have to serve the other parent all of the documents through either a law enforcement officer or a private process server.

For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50.

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Phoenix Arizona Emergency Order for Child Custody and / or Visitation