Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more
10/21/2019
/ Appeals ,
Best Interest Standard ,
Child Abuse ,
Child Custody ,
Decision-Making Process ,
Divorce ,
Domestic Violence ,
Family Law Courts ,
Joint Custody ,
Legal Custody ,
Rebuttable Presumptions
The Facts -
In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more
11/22/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Case Consolidation ,
Child Visitation ,
Cross Examination ,
Evidence ,
Family Law Courts ,
Grandparents Rights ,
Intervenors ,
Jurisdiction ,
Paternity ,
Time Extensions ,
Transcripts ,
Trial Court Orders ,
Waivers
On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more
On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC). The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify...more
In Perkins vs. Perkins, Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to...more
In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more
1/23/2017
/ Appeals ,
Asset Valuations ,
Community Property ,
Divorce ,
Equitable Lien ,
Evidence ,
Marital Assets ,
Mortgages ,
Oral Argument ,
Primary Residence ,
Separate Property
A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more
1/20/2017
/ Appeals ,
Child Custody ,
Confidential Information ,
Consent Decrees ,
Contempt ,
Disclosure ,
Divorce ,
Domestic Violence ,
Motion to Compel ,
Primary Residence ,
Sanctions
In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more
The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more
8/2/2016
/ Appeals ,
Attorney's Fees ,
Child Custody ,
Contempt ,
Dismissals ,
Divorce ,
International Litigation ,
Jurisdiction ,
Kidnapping ,
Mexico ,
Post-Judgment Enforcement Actions ,
UCCJEA ,
Unclean Hands