Can Visitation With a Child Be Reduced Without Prior Notice in Arizona
The Short Answer
Some people may ask can visitation with a child be reduced without prior notice in Arizona. The short answer is “no” with one pretty major exception.
The Arizona Court of Appeals in the case of Contreras v. Bourke ruled that parenting time cannot be reduced without the parent receiving proper notice that his or her parenting time may be reduced prior to the hearing at which the parenting time is reduced.
This is based upon the Due Process Clause of the Constitution, which requires a parent to receive notice of a hearing aimed at reducing his or her parenting time and an opportunity to defend oneself at that hearing.
The major exception to the ruling in the Contreras v. Bourke case is when a child’s safety is at imminent risk of harm and, therefore, the judge issues an order terminating contact between the parent and the child.
Even then, the judge must schedule a quick hearing to allow that parent to present evidence that an emergency does not actually exist. Continue reading about the case of Contreras v. Bourke to learn more.
The Long Answer
In the unpublished decision of Contreras v. Bourke, the Arizona Court of Appeals addressed whether a mother, Nancy, was denied due process of law when an Arizona family court judge issued an order decreasing the amount of time she could spend with the parties’ child.
It is important to note this decision was not published by the Arizona Court of Appeals, which means you may not cite this decision as the authority in support of your position with some limited exceptions.
The pertinent facts were that the Court issued a Temporary Child Custody Order granting parenting time to both Roger and Nancy.
That Temporary Order also provided for an increase in Nancy’s parenting time when the parties’ child turned three years old.
The court subsequently held a final trial and issued a Decree of Dissolution of Marriage granting Nancy and the child’s father, Roger, specific rights of parenting time, but neglected to include the Temporary Orders provision increasing Nancy’s parenting time when the child turned three years old.
After subsequent disputes continued to arise between the parties, the Court appointed a Parenting Coordinator to assist in resolving the day to day disputes that may arise between the parties regarding the implementation of the parenting plan set forth in the parties’ Decree of Dissolution of Marriage.
The assigned Parenting Coordinator issued a report to the court requesting clarification of the parenting plan set forth in the final Decree.
Specifically, the Parenting Coordinator inquired as to whether the court made an error in the Decree when it failed to provide for an increase in Nancy’s parenting time when the child reached the age of three.
The trial court responded to the inquiry by indicating it had made the mistake and that it intended to provide for an increase in Nancy’s parenting time when the child turned three years of age.
The court then directed the Parenting Coordinator to make a recommendation to expand Nancy’s parenting time and minimize contact between the parties.
The Parenting Coordinator subsequently submitted a recommendation to the Court. Father’s sole objection to the report was to the Parenting Coordinator’s recommendation that the parent scheduled to receive parenting time shall pick up the child from daycare no earlier than 12:30 pm.
Father wanted the court to order that neither parent may pick up the child earlier than 4:30 pm.
Reduction of Parenting Time Not Allowed Without Notice in Arizona
The court scheduled a trial on Roger’s objection and subsequently issued an order modifying parenting time.
That order actually decreased Nancy’s parenting time with the parties’ child.
Nancy appealed the court’s decrease in her parenting time. Her appeal was that she was denied due process of law. The Arizona Court of Appeal agreed.
The Arizona Court of Appeals held that at no time did the Parenting Coordinator nor Father file a Petition to Modify Parenting Time and, thus, Nancy had no prior notice that a decrease in her parenting time was at issue before the hearing.
As a result, she did not present evidence she otherwise would have presented had she received prior notice a decrease in her parenting time could be ordered.
The court also concluded that although the court asked the Parenting Coordinator to provide a recommendation for the implementation of Nancy’s increased parenting time when the child turned three, the Court could not ask the parenting coordinator to issue recommendations decreasing Mother’s parenting time by even one day because that would violate Rule 74(E) precluding a Parenting Coordinator from making a recommendation that would “substantially” decrease her parenting time.
The take away from this case is that the filing of an objection to a Parenting Coordinator’s report does not permit a court to decrease a parent’s parenting time unless that parent also files a Petition for Modification of Parenting Time requesting a decrease in the other parent’s parenting time.
Also, the court violates a parent’s constitutional right to due process by subsequently decreasing a parent’s parenting time under such circumstances.
The other take away is that a Parenting Coordinator cannot make a recommendation that would reduce a parent’s parenting time by as little as one day.
If you have questions about reduced child visitation without notice in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody or family law case around today.
More Articles About Child Custody in Arizona
- ARIZONA CHILD CUSTODY LAWS
- DIVORCE AND GRANDPARENTS VISITATION RIGHTS IN ARIZONA
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- PARENT INFORMATION PROGRAM CLASS IN ARIZONA
- GRANDPARENTS RIGHTS IN ARIZONA
- MOVING CHILDREN MANY TIMES IN ARIZONA
- PARENTAL ALIENATION IN ARIZONA
- JOINT CUSTODY AND SCHOOL DECISIONS IN ARIZONA
- DO COURTS FAVOR MOTHERS IN CUSTODY BATTLES IN ARIZONA
- ENFORCE VISITATION NON-CUSTODIAL PARENT IN ARIZONA
- DELEGATION OF CHILD CUSTODY DECISIONS TO AN EXPERT IN ARIZONA
- PRESUMPTION OF EQUAL PARENTING TIME IN ARIZONA
- HOW TO GET SOLE CUSTODY IN ARIZONA
- HOW TO ENFORCE PARENTING TIME IN ARIZONA
- CO-PARENTING AFTER DIVORCE IN ARIZONA
- HOW TO CHANGE A CHILD’S LAST NAME IN ARIZONA
- GETTING EMERGENCY CHILD CUSTODY ORDERS IN ARIZONA
- HOW DO YOU MODIFY VISITATION OR PARENTING TIME IN ARIZONA
- WHAT VISITATION OR PARENTING TIME SCHEDULES DO JUDGES ORDER IN ARIZONA
- WHAT IS A CHILD CUSTODY EVALUATION IN ARIZONA
- PREPARE FOR A CHILD CUSTODY EVALUATION IN ARIZONA
- CAN A GRANDPARENT OR STEPPARENT BE AWARDED CUSTODY OF A CHILD IN AZ
- CONTESTING RELOCATION OF A CHILD WHEN YOU DO NOT LIVE IN ARIZONA
- WHO HAS CUSTODY OF CHILDREN WHEN A DIVORCE IS FILED IN ARIZONA
- WHAT ARE THE CHILD CUSTODY FACTORS IN ARIZONA
- WHAT IT JOINT LEGAL CUSTODY OR JOINT DECISION MAKING IN ARIZONA
- ARE MOTHERS FAVORED CHILD CUSTODY CASES IN ARIZONA
- WHAT IS A PARENTING COORDINATOR IN AN ARIZONA CHILD CUSTODY CASE
- CAN A PARENT WITH SOLE CUSTODY LIMIT ACCESS TO A CHILD’S MEDICAL RECORDS IN ARIZONA
- WHAT HAPPENS IF A PARENT WANTS TO MOVE OUT OF STATE WITH A CHILD IN ARIZONA
- PARENTING TIME AFTER LOSING AN ORDER OF PROTECTION HEARING IN ARIZONA
- WHO IS THE BEST CHILD CUSTODY LAWYER IN ARIZONA
- ARIZONA CHILD CUSTODY STATUTES
- ARIZONA UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES
- TEMPORARY CHILD CUSTODY IN ARIZONA
- ADOPTION ATTORNEYS IN ARIZONA
- RESTRICTIONS IN ARIZONA ON TAKING CHILDREN TO ANOTHER COUNTRY
- WITHHOLDING CHILD FROM CUSTODIAL PARENT IN ARIZONA
- AFFIDAVIT IN A CHILD CUSTODY CASE IN ARIZONA
- BEST INTEREST ATTORNEY IN ARIZONA
- LATE OBJECTION TO CHILD RELOCATION NOTICE IN ARIZONA
- RAISING ALLEGATIONS THAT WERE RAISED IN A PRIOR ARIZONA CHILD CUSTODY CASE
- TEMPORARY VISITATION ORDER FOR GRANDPARENTS IN ARIZONA
- WHEN THE CHILD RELOCATION STATUTE DOES NOT APPLY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND SOLE CUSTODY IN ARIZONA
- HOW TO CHOOSE A GUARDIAN FOR YOUR CHILD IN ARIZONA
- MULTI-STATE CHILD CUSTODY JURISDICTION IN ARIZONA
- SCHOOL CHOICE CHILD CUSTODY IN ARIZONA
- TEMPORARY ORDERS FOR GRANDPARENTS VISITATION IN ARIZONA
- CAN A STEPPARENT BE HELD IN CONTEMPT IN ARIZONA
- UNAUTHORIZED RELOCATION OF CHILDREN IN ARIZONA
- GRANDPARENTS CANNOT PREVENT CHILD RELOCATION IN ARIZONA
- WHEN ARIZONA CHILD RELOCATION STATUTE IN ARIZONA DOES NOT APPLY
- ARIZONA CHILD RELOCATION LAWS
- INTERNATIONAL CHILD ABDUCTION IN ARIZONA
- UCCJEA CHILD CUSTODY JURISDICTION IN ARIZONA
- MENTAL HEALTH RECORDS IN CHILD CUSTODY CASES IN ARIZONA
- FAILING TO ALLEGE CHANGED CIRCUMSTANCES TO MODIFY CHILD CUSTODY IN ARIZONA
- FALSE ALLEGATIONS OF CHILD ABUSE IN A CHILD CUSTODY CASE IN ARIZONA
- CHILD CUSTODY AND NARCISSISTIC A PARENT IN ARIZONA
- CHANGE CIRCUMSTANCES TO CHANGE CUSTODY IN ARIZONA
- EFFECT OF MUTUAL DOMESTIC VIOLENCE ON CHILD CUSTODY IN ARIZONA
- PARENTING TIME WITH A NON-BIOLOGICAL CHILD IN ARIZONA
- DENIAL OF MORE TIME IN CHILD CUSTODY CASE IN ARIZONA
- WHEN A CHILD CUSTODY HEARING IS REQUIRED IN ARIZONA
- HOSTILITY BASIS TO MODIFY CHILD CUSTODY IN ARIZONA
- MEANING OF HOME STATE IN ARIZONA
- USE OF THE UCCJEA IN DEPENDENCY CASES IN ARIZONA
- EFFECT OF DENIAL OF VISITATION ON CHILD SUPPORT PAYMENTS IN ARIZONA
- CUSTODY DECISIONS CANNOT BE DELEGATED TO AN EXPERT
- THIRD-PARTY AND EMERGENCY CHILD CUSTODY IN ARIZONA
- STEPPARENT IN LOCO PARENTIS CHILD VISITATION IN ARIZONA
- STEPPARENTS CANNOT OBTAIN CHILD CUSTODY IN ARIZONA
- BEST INTEREST STANDARD FOR THIRD-PARTY CHILD CUSTODY IN ARIZONA
- TEMPORARY CHILD CUSTODY IN AN ARIZONA DIVORCE DECREE
- MODIFICATION OF CUSTODY AND CHILD ABDUCTION IN ARIZONA
- VISITATION RIGHTS AND IN LOCO PARENTIS STANDING IN ARIZONA
- HOW DIVORCE AFFECTS CHILDREN IN ARIZONA
- PARENTING PLANS COURTS USE IN ARIZONA
- PROTECTING CHILDREN FROM A HOSTILE PARENT IN ARIZONA
- SUITABLE NOTICE FOR CHILD CUSTODY HEARING IN ARIZONA
- HOW TO DEAL WITH A HOSTILE PARENT IN ARIZONA
- JURISDICTION OVER CHILD RESIDING OUTSIDE ARIZONA
- HABEAS CORPUS IN AN ARIZONA CHILD CUSTODY CASE
- NOTICE OF HEARING IN AN ARIZONA CHILD CUSTODY CASE
- STANDARD OF CARE TO REPORT CHILD ABUSE IN ARIZONA
- APPEALING DEPENDENCY ORDERS IN ARIZONA
- MODIFICATION OF PARENTING TIME CHANGE WHEN KIDS CHANGE SCHOOLS
- STANDARD FOR TERMINATION OF PARENTAL RIGHTS IN ARIZONA
- A MINOR’S RIGHT TO BE HEARD IN A CHILD CUSTODY CASE IN ARIZONA
- CAN THE COURT APPOINT A GUARDIAN FOR A CHILD IN ARIZONA
- EXCLUDING TESTIMONY IN A CHILD CUSTODY CASE IN ARIZONA
- SUPERVISED PARENTING TIME IN ARIZONA
- DOMESTIC VIOLENCE AND PARENTING TIME IN ARIZONA
- JURISDICTION FOR A DEPENDENCY CASE IN ARIZONA
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- SAME-SEX MARRIAGE AND CHILD CUSTODY IN ARIZONA
- JURISDICTION TO PETITION FOR VISITATION IN ARIZONA
- NO ALCOHOL DURING PARENTING TIME IN ARIZONA
- FAILING TO APPEAR FOR CHILD CUSTODY HEARING IN ARIZONA
- ONE SPOUSE ADOPTS A CHILD IN ARIZONA
- BASICS OF CHILD ABUSE IN ARIZONA
- CHILD ABUSE AND CHILD CUSTODY IN ARIZONA
- FATHERS RIGHTS IN ARIZONA
- PREPARE FOR A CHILD CUSTODY CASE IN ARIZONA
- CO-PARENTING WITH YOUR EX IN ARIZONA
- PETITION TO MODIFY CHILD SUPPORT AND SOLE CUSTODY IN ARIZONA
- DUE PROCESS IN A CHILD CUSTODY HEARING IN ARIZONA
- SOLE LEGAL CUSTODY OVER MEDICAL DECISIONS FOR A CHILD IN ARIZONA
- THIRD-PARTY VISITATION WITH A CHILD IN ARIZONA
- RIGHT OF FIRST REFUSAL IN ARIZONA
- FINAL DECISION-MAKING AUTHORITY OVER A CHILD IN ARIZONA
- CAN A BEST INTEREST ATTORNEY TESTIFY AT TRIAL IN ARIZONA
- MODIFY A SUPERVISED VISITATION ORDER IN ARIZONA
- CALCULATING DISTANCE FOR A CHILD RELOCATION IN ARIZONA
- DISMISSING PETITION TO MODIFY CHILD CUSTODY IN ARIZONA
- WHAT IS A THERAPEUTIC INTERVENTIONIST IN ARIZONA
- WHAT HAPPENS TO EMBRYOS IN A DIVORCE IN ARIZONA
- CHANGE CHILD CUSTODY IN ARIZONA WHEN PARENT MOVES AWAY
- IMPORTANCE OF MEDIATING A CHILD CUSTODY CASE IN ARIZONA
- CHILD CUSTODY AND CRIMINAL RECORDS IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY HEARING IN ARIZONA
- WHEN FINDINGS OF FACT ARE NOT REQUIRED AFTER A CHILD CUSTODY TRIAL IN ARIZONA
- COURT APPOINTED CHILD THERAPIST IN ARIZONA
- HOME STATE CUSTODY JURISDICTION WHEN CHILD RELOCATED TO ARIZONA
- CHILDREN WITNESSING DOMESTIC VIOLENCE IN ARIZONA
- CHANGE IN CIRCUMSTANCES FOR A CHILD CUSTODY MODIFICATION IN ARIZONA
- HEARING TO DECLINE CHILD CUSTODY JURISDICTION IN ARIZONA
- CUSTODY OF A CHILD IN AN ARIZONA DEPENDENCY CASE
- LATE DISCLOSURE IN AZ CHILD CUSTODY CASE
- EMERGENCY CHILD CUSTODY WHEN ARIZONA LACKS JURISDICTION
- HOW TO REGISTER A CHILD CUSTODY ORDER IN ARIZONA
- DOMESTIC VIOLENCE PRESUMPTION IN ARIZONA CHILD CUSTODY CASES
- EFFECT OF CORONAVIRUS ON CHILD CUSTODY AND VISITATION ORDERS
SCHEDULE YOUR CONSULTATION TODAY!PLEASE COMPLETE OUR NEW CLIENT INTAKE FORM TO SCHEDULE YOUR CONSULTATION TODAY!
Chris Hildebrand wrote the information on this page answering the question can visitation with a child be reduced without prior notice in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.