Q: Options for challenging unreasonable parenting time order in AZ
I have been exercising my parenting time without issues for the past five years, during which my children have flown to me in Washington. Recently, the mother filed an emergency motion that falsely claims the children do not want to fly to WA, leading the Arizona judge to temporarily suspend my parenting time. The judge has now ordered that I can only spend time with my children if I travel to Arizona, rent a hotel for a month, and bear all related expenses, which is impossible for me to manage. This temporary order is not appealable, and I'm representing myself in this case. With no accusations of abuse or criminal record against me, what are my options to address this temporary order that imposes unreasonable financial and personal demands on me?
A: You have gone as far as you can without help. This is an important issue and you need the help of an attorney. I recommend you hire a good family law attorney as soon as possible. Family law cases proceed rapidly and you need help now.
A:
Did the court enter these orders without even hearing from you ("ex-parte")? If so, then under our rules, you are entitled to a very quick hearing at which point mother would have to prove her concerns. If that hearing has already taken place, please know that temporary orders are only temporary, and if you convince the court that such were entered without just cause (at the next evidentiary hearing that you are permitted), the court has the absolute right to modify them in every aspect. I would advise you to focus on the specific allegations, and gather and be prepared to present your evidence that refutes them. I also wonder if the court may have appointed a professional (whether a court appointed advisor or something similar). If so, I would advise you to put significant effort into cooperating with that professional and again focusing on the specific allegations and preparing and presenting your proof that the allegations are not accurate. Any court appointed professional's opinion and recommendations after interviewing you, mother, and the children, plus any other relevant witness, is going to carry significant weight before the judge.
This is obviously a very important matter, and you should not go in alone. If you are choosing to proceed without an attorney, then I would suggest that you visit the self-service center at any Maricopa County Superior Court, or at https://superiorcourt.maricopa.gov/llrc/family-court-forms/. I can also email you a list of additional resources. We often assist people by the half hour or hour to get ready for an upcoming hearing on their own. Do you feel comfortable speaking on your own behalf in court?
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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