Scottsdale, AZ asked in Domestic Violence, Family Law and Child Custody for Arizona

Q: I refused to deliver my daughter to father due to mental breakdown, now im in contempt but im protecting her from abuse.

We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case, interruption of my examination of evidence and witnesses, bias against me because I’m a cannabis patient so much that the judge would grant custody of a victim to her abuser causing a mental break and hospitalization into a psychiatric rehab facility. Order to show cause is set for Oct 16, BIA is also bias against me due to old DCS report about marijuana, which later was dismissed in juvenile court. Can I file continuance due to emergency? Recusal based on bias? Rule 59e motion or. 60 based on DV and abuse evidence not considered? Based on admitting facts from outside cases not related? Perjury by father on questioning (i have evidence). Judge going on fact finding mission outside her scope?

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Sounds like your best option is probably to going to be filing a Motion for Reconsideration.

The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.

If you have evidence Father lied, present it and let it speak for itself. But don't make perjury the object of your case. Stay focused on the child's best interests.

You're reading the wrong set of rules. You are reading the Civil Rules of Procedure. You need to read the Arizona Family Law Rules of Procedure. There is no Motion for New Trial in family court proceedings (i.e., no equivalent of Civil Rule 59(e)). There is, however, an equivalent of Civil Rule 60-- the Motion for Relief for Judgment. It's Rule 85 of the Family Law Rules. You should also review and consider Rules 35.1 and 83 on the Family Law Rules.

If DV evidence was ignored or not considered, you should ask the Court to consider it under ARS 25-403.03, Hays v. Gama, and Kelly v. Kelly.

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