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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.