Welcome to Family Court 101

About The Process: The Legal Process Starts With A Petition.

A petition is like to buying a ticket to Disneyland. It gives you an entrance to the park and starts your trip through the family court.

The most common petitions:

  • Ask the court to start a case such as divorce or establishing paternity
  • Ask the court to modify an order such as a Petition to Modify Custody or Child Support
  • Ask the court to enforce an order such as a Petition to Enforce Child Support.

The legal process may include Motions.

Motions may be filed through a case to ask the court for interim or short-term assistance in solving a problem.

A motion is like a "fast pass" ticket to a ride. A motion cannot be filed without an underlying Petition in the same way you cannot go on a ride in Disneyland unless you have been admitted to the park with a ticket.

The most common motions:

  • Ask the court to make orders before the final order, such as pre-decree custody orders
  • Ask the court to address an emergency, such as when children are in imminent danger
    Ask the court to order release of records or items needed for the case to proceed
  • Ask the court to appoint someone to help with the case, such as a court-appointed advisor, mental health professional, etc.

All Court Cases Require That The Other Party Be Given Notice

Notice is required so that the other party may properly respond and preserve their rights.

Different court filings have different notice requirements in terms of how notice is given, who must receive notice, when notice must be provided different notice requirements in terms of how notice is given, who must receive notice, when notice must be provided by, and how notice may be provided.

Discovery & Disclosure

Discovery refers to requested items that you may not have direct access to because they are in the other party’s possession.

You can:

  • send requests for these items,
  • schedule a deposition
  • or request the items from third parties.

Disclosure refers to items you need to share with the other side either because they asked you to provide them or because you want to introduce them into evidence at a final hearing. You cannot use evidence that has not been shared with the other side prior.

The Process Almost Always Includes A Hearing Or A Trial.

Each case will have a hearing. There are many different types of hearings, each with different rules and requirements. Following the court's minute entries and the associated deadlines is critical.

  • Dismissal Calendar: This is a tracking mechanism for the court to ensure the case moves forward. The court sets a date by which it needs to be informed of what is happening next, or the case will be dismissed. You can ask the court to extend this deadline, but you must do so before the dismissal date.
  • Administrative Hearings: These hearings are usually very short and virtual. They are designed to help the court and parties move a case forward. Early Resolution Conference/Resolution
  • Management Conference: No evidence or testimony is permitted. The goal of the hearing is to inform the court what needs to happen to move the case forward (ex., Set for trial, refer to alternative dispute resolution, place on pause, etc.).
  • Status Hearings: This hearing is set to provide an update to the court by the parties, attorneys, or third-party advisors/experts or for the parties to ask the court for assistance moving the case forward.
  • Evidentiary Hearings: There are temporary orders hearings and final orders hearings. These hearings generally last 30 minutes to 3 hours. Under exceptional circumstances, the court will set longer hearings, which is uncommon due to the volume of cases awaiting a hearing.
  • Temporary Orders: These hearings will result in orders that are not final. They are binding, meaning you must follow them even if you disagree. The orders can and likely will be changed at the final hearing. Temporary Orders provide certainty for the parties until final orders are entered. Temporary orders generally address motions.
  • Final Orders: These hearings will result in a final order in the case and address the underlying Petition that initiated the case.

Settlement and Alternative Pathways.

Trial is not the only way to resolve a case. Several alternative options include but are not limited to:

  • Mediation through the court: Mediation is available to resolve legal decision-making and parenting time issues.
  • Mediation through the court: Mediation is available to resolve legal decision-making and parenting time issues.
  • Private Mediation: A third party can mediate all the issues between the parties.  Many private mediators require parties to be represented by attorneys. Our program is available to self-represented litigants.
  • Alternative Dispute Resolution (ADR): This form of mediation through the court does not have a cost to the parties. See if your case qualifies.
  • Parenting Conference: This costs $300 per party and can be divided into payments. The parties provide a confidential intake form to the provider. The parties sit together with the third party and attempt to reach a resolution regarding legal decision-making and parenting time. If the parties cannot reach an agreement, the judge is provided with a summary and recommendation.
  • Settlement Conferences: The parties can meet with a conference officer in some courts to mediate the dispute.
  • Agreement of the Parties: Parties can come to agreements and submit them to the court to be entered as orders.
  • Default: In certain situations, if someone does not respond to your court filings, the court may enter orders without that party’s participation.

The Process Will Always End With An Order.

You may not be happy with the final order. Parties rarely get everything that they ask for.

What can you do about a ruling you think is wrong or unclear:

  • Appealing a Family Court Order: Appeals are time sensitive. Seek legal advice immediately upon entry of the order.
  • Clarifying an Order: If an order is unclear or the parties disagree on what the order means, you can ask the court to clarify the order.
  • Modifying an Order: Modifying an order requires a new Petition. Depending on the order you want to modify, there are rules about when you can ask the court to do so.
  • Asking the Court to Reconsider the Order: In certain circumstances, you can ask the court to reconsider a portion of the order. 
  • Correcting or Requesting Relief from an Order: If there is an error in an order or if there is another reason that the court should change their order under the rules, then you may ask the court to do so, but you must be very specific as to why within the basis allowed for making the request.

What the Court Cares About:

The court looks at the law.

If there is a question about what the law means or how it applies, the court also looks at cases that are used to interpret the law. The court also looks to see that the rules of the court are followed.

Then, the court listens to your story and evidence and considers how best to rule within the confines of the law and cases. The tools on this site are designed to help parties organize their case in a way that aligns with how the court assesses cases. Sometimes, it can feel counterintuitive, but if your case is not organized this way, the court can be tone-deaf to “conflict” and the “he said/she said.” The goal of these tools is to help your story be heard!

Understanding Court Forms

It is important to understand the parts of a pleading (submission to the court). This video will explain why the court uses weird paper and why certain information must be on your court filing.

The Anatomy Of A Pleading

Watch This 4 Minute Informative Video To Get Started.

TRAVELING TIPS FOR THE JOURNEY THROUGH FAMILY COURT

The document “I NEED TO CHANGE OR ENFORCE MY ORDER CHECKLIST” provides a detailed guide on the necessary steps and information required to change or enforce a court order. It outlines essential details such as the date and court of the original order, the specific sections in question, and the signatures involved. The checklist also emphasizes the importance of explaining the reasons for the requested change or enforcement, presenting supporting evidence, and specifying the desired court action. impact on children during and after divorce.

IMPORTANT COURT VOCABULARY

Az Family Court Online

File Documents On Line

Arizona Court E-Filing

Register Now

View Your Court Records

Clerk Of The Superior Court

Register Now

Look Up Your Case

Arizona Judicial Branch

Register Now

Exhibits Online

Case Center

Arizona Courts' Digital Evidence Portal
Go To Case Center

Using Case Center PDF

The document provides an overview of the Arizona Courts’ Digital Evidence Portal, known as Case Center, implemented for use in all Arizona Superior Court and Limited Jurisdiction Court locations. It outlines the registration process, which is open to the public, though specific case access is granted by the court. The portal allows attorneys and self-represented litigants to upload, organize, and manage exhibits electronically, with resources and support available for users. Key features include secure access, multimedia support, and the ability to share and present exhibits during hearings.

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