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Last Post 27 Apr 2021 03:13 PM by  Kay L. Radwanski
R-21-0003 ARPOP 35 and ARLFP 91.6 and 91.7
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Yolanda Fox
Basic Member
Posts:201 Basic Member

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05 Jan 2021 11:23 AM
    Family Court Improvement Committee
    Judge Paul McMurdie, Chair
    c/o Susan Pickard, Staff
    1501 W. Washington St., Ste. 410
    Phoenix, Arizona 85007

    The court referred Rule Change Petition R-19-0047 to the Family Court Improvement Committee (FCIC) for input. Briefly, the court indicated that it was concerned with the proposed rule change because A.R.S. § 12-1809 grants all courts, including non-record courts, the authority to determine harassment injunctions. While recognizing the problem when a harassment injunction issued from a non-record court interferes with a superior court’s parenting order, the court sought a process solution to ensure the child’s safety while reconciling the family court orders regarding parenting time and legal decision making. The FCIC, in collaboration with representatives from the Committee on Limited Jurisdiction Courts (LJC), discussed the problem and unanimously endorsed this substitute proposal.

    Would amend Rule 35 of the Ariz. R. Prot. Order P. and Rules 91.6 and 91.7 of the Ariz. R. Fam. L. P. to adopt provisions governing harassment injunctions.

    Filed; January 5, 2021

    Comments must be submitted on or before Monday, May 3, 2021.

    Replies must be submitted on or before Tuesday, June 1, 2021.
    Attachments
    Kay L. Radwanski
    New Member
    Posts:5 New Member

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    27 Apr 2021 03:13 PM
    Honorable Wendy A. Million
    Magistrate, Tucson City Court
    103 E. Alameda
    Tucson, AZ 85701
    Chair, Committee on the Impact of Domestic Violence and the Courts
    Staff: [email protected].az.gov
    Telephone (602) 452-3360

    The Committee on the Impact of Domestic Violence and the Courts (CIDVC) has authorized the Honorable Wendy A. Million, CIDVC chair, to file this comment to Petition No. R-21-0003 on the committee’s behalf. For the reasons stated in the petition, CIDVC supports R-21-0003. CIDVC also acknowledges the efforts of member Judge Marianne Bayardi, Phoenix Municipal Court, and Judge Elizabeth Finn, Glendale City Court, to collaborate with the Family Court Improvement Committee on a solution. Their participation was integral to developing a workable solution for both limited jurisdiction and superior courts.

    Respectfully submitted this 27th day of April, 2021.
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