ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: GOV DP 4-3-0-0

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HB 2254: domestic relations; temporary orders; hearings

Sponsor: Representative Keshel, LD 17

House Engrossed

Overview

Outlines when a court must reevaluate a temporary order and the requirements for the proceedings when reevaluating a temporary order.

History

In legal decision-making and parenting time proceedings the court, without a jury, decides all questions of law and fact.  These proceedings receive priority in being set for hearing and if a motion for a temporary order is filed the court must hold an evidentiary hearing within 60 days (A.R.S. § 25-407).

Temporary orders can be moved for by any party in a legal decision-making or parenting time proceeding.  The court may make a temporary legal decision-making and parenting time ruling pursuant to the factors regarding the best interest of the child.  A decision on a temporary order is vacated if the proceedings in a dissolution of marriage or legal separation are dismissed (A.R.S. § 25-404).

Provisions

1. Requires a court to reevaluate each issued temporary order within six months of the order date. (Sec. 1)

2. Specifies that a court must set an evidentiary hearing to determine if an existing temporary order is in the best interest of the child upon the request of either party. (Sec. 1)

3. Requires a court, upon issuance of a temporary order regarding legal decision-making or parenting time, to put on the record the specific factual findings made, and which factors were relevant to the best interests of the child. (Sec. 2)

4. Sets a minimum of 120 minutes of hearing time for any evidentiary hearing on a petition for temporary orders involving legal decision-making and parenting time. (Sec. 2)

5. Makes technical changes. (Sec. 1, 2)

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9.                   HB 2254

10. Initials JH/SR     Page 0 House Engrossed

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