Legal Question in Family Law in Arizona
My daughter's father and I, had an "Emergency child custody" hearing, over 1 year ago. There was established order for parenting time.
Yesterday I went down to the court to file an "emergency child custody" hearing, because i didn't want my daughter going with her father this weekend, for her safety. When I talked to some people who worked at the court house, they told me that the previous case had been dismissed.
It said in the system:
ORDER OF DISMISSAL WITHOUT PREJUDICE
The parties were previously advised that this case would be dismissed without further notice unless specific action was taken and no such action has occurred. Pursuant to Rule 46(B), (C,) & (D), Arizona Rules of Family Law Procedure.
IT IS ORDERED dismissing this case without prejudice for lack of prosecution.
Signed by the presiding judge of family court.
This morning, i denied her father access to our daughter until further court action is taken. He called the police, and i was warned that if i am in any way violating a court order, that i will be prosecuted.
I do not understand what "Pursuant to Rule 46 (B), (C) & (D) Arizona Rules of Family Law Procedure" means. I don't know if there is anything in those rules stating that previous orders still exist, despite the dismissal.
My email is [email protected] and my telephone is 480-671-3321. Thanks! :)
2 Answers from Attorneys
Whatever the court orders (if any) say about custody and parenting time still stands. If you are not clear on what that is, or you want to change it, you would need to file for a change in custody and/or parenting time. But you cannot just violate existing orders because you want to, even if it's for a seemingly good reason.
Let me know if there is anything else I can do to help you.
Thank you,
Without seeing your file, I cannot determine whay the case was dismissed. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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