Ariz. Sup. Ct. Loc. R. (Rule DR-2. Simultaneous Proceedings Involving Children)

Rule DR-2. Simultaneous Proceedings Involving Children

Last amended: 2024Year: 2026Length: 287 wordsOfficial source
A. When a pending family law proceeding and a pending dependency proceeding involve the same parties, the parties must comply with Rule 5.1(a), ARFLP and Rule 323, ARPJC. 1. Any party aware of the concurrent proceedings must file a notice to the courts regarding such concurrent matters. 2. The assigned judges must confer, and address what pending issues are to determine assignment. B. Upon an adjudication of dependency, the Juvenile Court will be assigned to any pending guardianship or family law matter concerning the same child or children as the juvenile matter to prevent conflicting orders in the family and juvenile cases and to allow the Juvenile Court, if appropriate, to determine legal decision-making and parenting-time issues necessary to protect a child. 1. The assigned juvenile division may reassign the family law matter or certain proceedings thereof temporarily and return it to the appropriate family law division to allow that division to conduct proceedings unrelated to the child custody matters. 2. Upon the dismissal of the dependency matter, the Juvenile Court judge will enter temporary orders regarding child custody, as appropriate, and reassign the family law matter back to the appropriate Family Court judge. 3. All orders regarding child custody issued by the Juvenile Court must be filed in the family law case as well as juvenile case. C. The assigned judges shall coordinate to ensure one judge will be assigned to handle any pending private severance or guardianship filed concerning the same child or children as a pending Family Court matter, if there is no pending dependency in Juvenile Court. D. For purposes of this rule, “child custody” shall refer broadly to all aspects of parental rights, legal decision making, parenting time, nonparent rights, and guardianship.