Bill Text: AZ SB1073 | 2013 | Fifty-first Legislature 1st Regular | Chaptered

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Bill Title: Parenting time hearings

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-04-03 - Governor Signed [SB1073 Detail]

Download: Arizona-2013-SB1073-Chaptered.html

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Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-first Legislature

First Regular Session

2013

 

 

 

CHAPTER 31

 

SENATE BILL 1073

 

 

AN ACT

 

Amending section 25-407, Arizona Revised Statutes; relating to legal decision-making and parenting time.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 25-407, Arizona Revised Statutes, is amended to read:

START_STATUTE25-407.  Legal decision-making and parenting time hearings; priority; costs; record

A.  Legal decision-making and parenting time proceedings shall receive priority in being set for hearing.  If a party to a legal decision-making or parenting time action files a motion for temporary orders in any pre-decree matter, the court shall hold an evidentiary hearing within sixty days after the party files the motion unless:

1.  The filing party waives the requirement for a hearing to be conducted within sixty days after the party files the motion.

2.  Temporary orders are established through a separate conference or hearing within sixty days after the party files the motion.

3.  Extraordinary circumstances exist and the court is not able to schedule the hearing.  If the court is not able to schedule the hearing within sixty days after the motion is filed, it must make a written finding on the record as to the cause of the delay.

B.  Subsection A of this section does not preclude any other conference or hearing.

B.  C.  The court may tax charge as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interest of the child.

C.  D.  The court, without a jury, shall determine questions of law and fact.  If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

D.  E.  If the court finds that to protect the child's welfare, the record of any interview, report, investigation or testimony in a legal decision‑making or parenting time proceeding should be kept secret, the court may then make an appropriate order sealing the record. END_STATUTE

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 3, 2013.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 4, 2013.