| 68 | 77 | | |
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| 69 | 78 | | |
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| 70 | 79 | | |
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| 71 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 25-404, Arizona Revised Statutes, is amended to read: START_STATUTE25-404. Temporary orders A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings. B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued. C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody legal decision-making or parenting time order thereby is vacated. d. The court shall reevaluate each temporary order issued pursuant to this section within six months after the date of the order. On the request of either party, the court shall set an evidentiary hearing to determine whether continuation of the existing temporary order or a modification of the existing temporary order is in the best interest of the child. END_STATUTE Sec. 2. Section 25-407, Arizona Revised Statutes, is amended to read: START_STATUTE25-407. Legal decision-making and parenting time hearings; priority; costs; record; findings 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 the court 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. C. The court may 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. D. The court, without a jury, shall determine questions of law and fact. If it the court 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. 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. f. When issuing a temporary order regarding legal decision-making or parenting time and after evaluating the evidence available at the time of the hearing, the court shall make specific factual findings on the record. The findings shall address the factors considered pursuant to section 25-403 and indicate which factors the court considered relevant to the best interests of the child. g. For any evidentiary hearing on a petition for temporary orders involving legal decision-making and parenting time, the court shall set a minimum of one hundred twenty minutes of hearing time to hear the matter. END_STATUTE |
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| 72 | 81 | | |
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| 73 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 74 | 83 | | |
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| 75 | 84 | | Section 1. Section 25-404, Arizona Revised Statutes, is amended to read: |
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| 76 | 85 | | |
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| 77 | 86 | | START_STATUTE25-404. Temporary orders |
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| 78 | 87 | | |
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| 79 | 88 | | A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings. |
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| 80 | 89 | | |
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| 81 | 90 | | B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued. |
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| 82 | 91 | | |
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| 83 | 92 | | C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody legal decision-making or parenting time order thereby is vacated. |
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| 84 | 93 | | |
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| 85 | 94 | | d. The court shall reevaluate each temporary order issued pursuant to this section within six months after the date of the order. On the request of either party, the court shall set an evidentiary hearing to determine whether continuation of the existing temporary order or a modification of the existing temporary order is in the best interest of the child. END_STATUTE |
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| 86 | 95 | | |
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| 87 | 96 | | Sec. 2. Section 25-407, Arizona Revised Statutes, is amended to read: |
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| 88 | 97 | | |
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| 89 | 98 | | START_STATUTE25-407. Legal decision-making and parenting time hearings; priority; costs; record; findings |
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| 90 | 99 | | |
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| 91 | 100 | | 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: |
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| 92 | 101 | | |
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| 93 | 102 | | 1. The filing party waives the requirement for a hearing to be conducted within sixty days after the party files the motion. |
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| 94 | 103 | | |
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| 95 | 104 | | 2. Temporary orders are established through a separate conference or hearing within sixty days after the party files the motion. |
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| 96 | 105 | | |
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| 97 | 106 | | 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 the court must make a written finding on the record as to the cause of the delay. |
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| 98 | 107 | | |
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| 99 | 108 | | B. Subsection A of this section does not preclude any other conference or hearing. |
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| 100 | 109 | | |
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| 101 | 110 | | C. The court may 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. |
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| 102 | 111 | | |
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| 103 | 112 | | D. The court, without a jury, shall determine questions of law and fact. If it the court 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. |
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| 104 | 113 | | |
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| 105 | 114 | | 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. |
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| 106 | 115 | | |
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| 107 | 116 | | f. When issuing a temporary order regarding legal decision-making or parenting time and after evaluating the evidence available at the time of the hearing, the court shall make specific factual findings on the record. The findings shall address the factors considered pursuant to section 25-403 and indicate which factors the court considered relevant to the best interests of the child. |
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| 108 | 117 | | |
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| 109 | 118 | | g. For any evidentiary hearing on a petition for temporary orders involving legal decision-making and parenting time, the court shall set a minimum of one hundred twenty minutes of hearing time to hear the matter. END_STATUTE |
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