Arizona Divorce Guide

Court Orders

Expedited enforcement of a child custody determination. You will need to register your court order if you have moved to another state and you want it enforced as it was in your previous location. A petition for enforcement may be submitted to the court and must state:

• Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was
• Whether the determination has been vacated, stayed or modified by a court whose decision must be enforced
• Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions
• The present physical address of the child and the respondent, if known
• Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
• If the child custody determination has been registered and confirmed

Following the filing of the petition, the court will issue an order directing the respondent to appear in person at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

Looking for divorce forms? All divorce or separation processes require that you gather all relevant forms, fill them out correctly and file the forms as directed by the court. The most efficient way to get them in front of you is to download the divorce forms, complete with instructions that hand-hold you through the process.

Registration of an order of protection made in another state – Such orders are referred to as foreign orders, made by a court in another state, commonwealth, territory or possession of the U.S.  A foreign order may be registered by sending to a Superior Court in Arizona:

• A document requesting registration
• Two copies, including one certified, of the foreign order of protection intended to be registered accompanied by a statement under penalty of perjury that the person submitting the document(s) believes the order has not been modified
• The name and address of the person seeking registration

Once the court receives the documents, it will file it as a foreign judgment and enter it into the automated registry of protective orders maintained by the state.

A child custody provision in a foreign order of protection may be enforced if the provision complies with the UCCJA or UCCJEA and is consistent with the Parental Kidnapping Prevention Act of 1980 (PKPA).

Temporary Order of Protection – will be granted as an ex parte order (without the other party’s presence) when a petition alleges immediate and present danger of domestic abuse if it finds sufficient evidence to support the petition. The court may provide the following relief:

• Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim
• Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim
• Award temporary custody or establish temporary visitation rights with regard to minor children of the parties
• Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards
• Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and
• Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and
• Order such other relief as the court considers necessary or appropriate for the protection of a family or household member

The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.

An ex parte temporary order of protection is effective until the date of the hearing.