Legal Question in Family Law in Arizona
Child visitation by friends
A couple is currently in the divorce process. Full joint custody of the children has been decreed. The mother wishes to modify the decree prohibiting friends of the father from seeing the children. She has stated that the father and his friends will be arrested if they are around the children during the father's visitation days. The father finds no potential threat from his friends to his children. Can the Mother legally change this decree without the father's consent or file an order of protection against the friends if the father disagrees?
2 Answers from Attorneys
Re: Child visitation by friends
Thank you for your inquiry.
Neither party can change the decree without a court order.
An Injunction Against Harassment (similar to an order of protection) can only be obtained if Mother can truthfully demonstrate to the court that the children are in danger.
If the friends are trustworthy and safe, there should be no problem, but if Mother has a legitimate complaint, and if the friends are unsafe, violent, drink or use drugs in the presence of the children, etc., then it might be a good idea for Father to consider limiting his contact with his friends to times when the children are not with him.
I hope this information has been useful.
Monica H. Donaldson
Re: Child visitation by friends
The Mother can modify the Decree without Father's consent, so long as she follows proper procedure, and gets an appropriate Court Order. One element of proper procedure is "Notice". Thus, you would have received notice of any attempts to modify, so that you could present your position on whatever issues were raised. If she gained changes WITHOUT proper notice, those can be set aside.
The Mother can file a restraining Order against the friends if she can convince a Judge that the friends present a danger to the child. Again, though, the friends would be entitled to Notice of such an Order, and would be entitled to present their response in an attempt to have such dismissed.
Your friends can call the County Sheriff's office to see whether any Orders have been gained, but not served. They cannot be arrested unless they have first been served with the Order, and then violate it.
Please let me know if you would like our assistance in resolving this issue with the Mother. Unless she has legitimate concerns (which is also important to find out), perhaps she just needs to hear that she does not have the right to threaten and manipulate.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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