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Last Post 02 Mar 2024 02:44 PM by  Arlene Rheinfelder
R-23-0007 Petition to Amend Rules 44.1(c), 45 (c), 78(g) and 91.3 ARFLP
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Susan Pickard
New Member
Posts:11 New Member

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04 Jan 2023 05:56 PM
    Susan Pickard, FCIC Staff on behalf of
    1501 W. Washington St., Ste. 410
    Phoenix, AZ 85007

    Judge Bruce R. Cohen
    Family Department Presiding Judge
    Maricopa County Superior Court
    125 West Washington, Suite 101
    Phoenix, Arizona 85003

    This is a proposal to amend Rules 44.1(c), 45(c), 78(g) and 91.3 of the Arizona Rules of Family Law Procedure (ARFLP). For all final orders when children are involved, whether in a decree or post-decree order, the court should be required to issue a “School Order” substantially in conformity with the attachment forms.

    When a court issues a parenting order, it binds the parties to those terms. Yet schools are impacted in many ways by those terms, intended or unintended. Additionally, it is not uncommon for schools to find themselves to be in the middle of parental disputes. This impacts not only the education of the child involved, but it may also and often does impact negatively other students and the ability of educators to meet the needs of their students.

    Filed: January 4, 2023

    Would amend Rules 44.1(c), 45(c), 78(g) and 91.3 of the Rules of Family Law Procedure to require a family law court to issue an “education order” when entering any final order involving dependent children.

    Comments must be submitted no later than Monday, May 1, 2023.
    Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.

    Comments must be submitted no later than May 1, 2024.
    Any reply by a petitioner must be submitted no later than June 1, 2024.
    Attachments
    Susan Pickard
    New Member
    Posts:11 New Member

    --
    03 Mar 2023 11:51 AM
    Susan Pickard [email protected] -602.452.3252
    on behalf of
    Family Court Improvement Committee
    Judge Paul McMurdie, Chair

    The Family Court Improvement Committee met on March 2, 2023. A motion to support the adoption of the amendments proposed to Rules 44.1, 45(c), 78(g), and 91.3 regarding "School Orders" passed unanimously.
    Susan Pickard
    New Member
    Posts:11 New Member

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    27 Mar 2023 01:39 PM
    AMENDED COMMENT

    Susan Pickard [email protected] -602.452.3252
    on behalf of
    Family Court Improvement Committee
    Judge Paul McMurdie, Chair

    The Family Court Improvement Committee met on March 2, 2023. A motion to support the adoption of the amendments proposed to Rules 44.1, 45(c), 78(g), and 91.3 regarding "School Orders" passed. A dissenting member noted that this should not be a mandatory set of forms as one size does not fit all court processes.
    Lynne Adams
    New Member
    Posts:1 New Member

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    07 Apr 2023 06:15 PM
    Lynne C. Adams, plus additional listed commenting lawyers,
    Osborn Maledon, PA,
    2929 N. Central Ave., Suite 2000, Phoenix, AZ 85012,
    602-640-9348,
    [email protected],
    Bar No. 011367
    Attachments
    Marie Piccarreta
    New Member
    Posts:1 New Member

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    12 Apr 2023 03:31 PM
    Marie Piccarreta
    (520) 881-2021
    [email protected]

    As a private attorney-mediator with a long standing mediation practice, I have a somewhat limited opportunity to see the entirety of the spectrum; however, for the clients who are utilizing my services, much of this language is already incorporated into the mediated parenting plan, based on the needs of the individual parents. Furthermore, I have concerns that having this one size fits all order in the file of every child of divorced parents (or never married) at school could potentially have the unintended consequence of inaccurately identify a child as coming from a high conflict household. Perhaps this is better suited to situations where there is already an issue warranting such an order?
    State Bar of Arizona
    Basic Member
    Posts:141 Basic Member

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    27 Apr 2023 06:33 PM
    Comment of the State Bar of Arizona
    Lisa M. Panahi
    Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    [email protected]
    Attachments
    Arlene Rheinfelder
    New Member
    Posts:4 New Member

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    02 Mar 2024 02:44 PM
    My concern about the sole legal decision-making school order is too broad and does not address when a parent, who does not have legal decision-making, has supervised or restricted parenting time, or where there is a protective order in place. The language of paragraph 5 at the end states "Each parent may pick up the minor child(ren) from school and each may authorize other individuals to pick up the minor child(ren), unless there are limitations under the terms of the current Parenting Plan or other court order." This language requires that the school also reference the Parenting Plan and other court orders to interpret whether a parent can pick up a child. I would suggest modifying the form to be able to add the language of the Parenting Plan or other court order, so that the school will only need to refer to the school order, rather than multiple orders.

    Arlene Rheinfelder, AZCLDP 81216
    Prescott Tax & Paralegal LLC
    141 S. McCormick St., Suite 206
    Prescott, AZ 86303
    (928) 778-3113
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