Reference Title: child custody; relocation of residence

AN ACT
AMENDING SECTION 25-408, ARIZONA REVISED STATUTES; AMENDING LAWS 1994, CHAPTER 374, SECTION 24, AS AMENDED BY LAWS 1995, CHAPTER 44, SECTION 1; AMENDING LAWS 1994, CHAPTER 374, SECTION 27; RELATING TO CHILD CUSTODY; PROVIDING FOR CONDITIONAL REPEAL.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-408, Arizona Revised Statutes, is amended to read:

25-408 . Rights of noncustodial parent; visitation; exception; enforcement; access to records; suspension of visitation

A. A parent not granted custody of the child is entitled to reasonable visitation rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health.

B. The court may modify an order granting or denying visitation rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral or emotional health.

C. If by written agreement or court order both parents are entitled to custody or visitation and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the state.

2. Relocate the child more than one hundred miles within the state. However, if both parents reside in the same metropolitan area, then neither parent may move the child more than one hundred miles outside the metropolitan area.

D. THE NOTICE REQUIRED BY THIS SECTION SHALL BE MADE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR PURSUANT TO THE ARIZONA RULES OF CIVIL PROCEDURE. A PARENT WHO DOES NOT COMPLY WITH THE NOTIFICATION REQUIREMENTS OF THIS SUBSECTION IS SUBJECT TO COURT SANCTION. THE COURT MAY IMPOSE A SANCTION THAT WILL AFFECT CUSTODY OR VISITATION ONLY IN ACCORDANCE WITH THE CHILD'S BEST INTERESTS.

E. WITHIN THIRTY DAYS AFTER NOTICE IS MADE THE NONMOVING PARENT MAY PETITION THE COURT TO PREVENT RELOCATION OF THE CHILD. AFTER EXPIRATION OF THIS TIME ANY PETITION OR OTHER APPLICATION TO PREVENT RELOCATION OF THE CHILD MAY BE GRANTED ONLY ON A SHOWING OF GOOD CAUSE. THIS SUBSECTION DOES NOT PROHIBIT A PARENT WHO IS SEEKING TO RELOCATE THE CHILD FROM PETITIONING THE COURT FOR A HEARING, ON NOTICE TO THE OTHER PARENT, TO DETERMINE THE APPROPRIATENESS OF A RELOCATION THAT MAY ADVERSELY AFFECT THE OTHER PARENT'S CUSTODY OR VISITATION RIGHTS.

D. F. Subsection C of this section does not apply where IF provision for relocation of a child has been made by COURT order granted pursuant to section 12-843, subsection B, a decree of dissolution of marriage or legal separation, or written agreement of the parties.

G. PENDING THE DETERMINATION BY THE COURT OF A PETITION OR APPLICATION TO PREVENT RELOCATION OF THE CHILD:

E. 1. A parent with sole custody or a parent with joint custody and primary physical custody who is required BY CIRCUMSTANCES OF HEALTH OR SAFETY OR EMPLOYMENT OF THAT PARENT OR THAT PARENT'S SPOUSE to relocate in less than sixty days after written notice has been given to the other parent may TEMPORARILY relocate with the child notwithstanding that the other parent has filed a petition to enjoin the relocation .

2. A parent who shares joint custody and SUBSTANTIALLY equal physical custody AND who is required BY CIRCUMSTANCES OF HEALTH OR SAFETY OR EMPLOYMENT OF THAT PARENT OR THAT PARENT'S SPOUSE to relocate in less than sixty days after written notice has been given to the other parent may TEMPORARILY relocate with the child only if both parents execute a written agreement to permit relocation of the child.

F. In determining whether to permit the child to relocate, the court shall consider whether the relocation is in the best interests of the moving parent and the child. Where the court finds that the relocation of the child is in the best interest of the moving parent and is not significantly undesirable for the child, the court may permit the child to move with the custodial parent. If the nonmoving parent has had visitation with the child, the court shall only permit the child to permanently move with the parent where there are appropriate visitation arrangements for the future.

H. THE COURT SHALL DETERMINE WHETHER TO ALLOW THE PARENT TO RELOCATE THE CHILD IN ACCORDANCE WITH THE CHILD'S BEST INTERESTS. THE BURDEN OF PROVING WHAT IS IN THE CHILD'S BEST INTERESTS IS ON THE PARENT WHO IS SEEKING TO RELOCATE THE CHILD. TO THE EXTENT PRACTICABLE THE COURT SHALL ALSO MAKE APPROPRIATE ARRANGEMENTS TO ENSURE THE CONTINUATION OF A MEANINGFUL RELATIONSHIP BETWEEN THE CHILD AND BOTH PARENTS.

I. THE COURT SHALL NOT DEVIATE FROM A PROVISION OF ANY PARENTING PLAN OR OTHER WRITTEN AGREEMENT BY WHICH THE PARENTS SPECIFICALLY HAVE AGREED TO ALLOW OR PROHIBIT RELOCATION OF THE CHILD UNLESS THE COURT FINDS THAT THE PROVISION IS NO LONGER IN THE CHILD'S BEST INTERESTS. THERE IS A REBUTTABLE PRESUMPTION THAT A PROVISION FROM ANY PARENTING PLAN OR OTHER WRITTEN AGREEMENT IS IN THE CHILD'S BEST INTERESTS.

J. IN DETERMINING THE CHILD'S BEST INTERESTS THE COURT SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING:

1. THE FACTORS PRESCRIBED UNDER SECTION 25-403.

2. WHETHER THE RELOCATION IS BEING MADE OR OPPOSED IN GOOD FAITH AND NOT TO INTERFERE WITH OR TO FRUSTRATE THE RELATIONSHIP BETWEEN THE CHILD AND THE OTHER PARENT OR THE OTHER PARENT'S RIGHT OF ACCESS TO THE CHILD.

3. THE PROSPECTIVE ADVANTAGE OF THE MOVE FOR IMPROVING THE GENERAL QUALITY OF LIFE FOR THE CUSTODIAL PARENT OR FOR THE CHILD.

4. THE LIKELIHOOD THAT THE PARENT WITH WHOM THE CHILD WILL RESIDE AFTER THE RELOCATION WILL COMPLY WITH VISITATION ORDERS.

5. WHETHER THE RELOCATION WILL ALLOW A REALISTIC OPPORTUNITY FOR VISITATION WITH EACH PARENT.

6. THE EXTENT TO WHICH MOVING OR NOT MOVING WILL AFFECT THE EMOTIONAL, PHYSICAL OR DEVELOPMENTAL NEEDS OF THE CHILD.

7. THE MOTIVES OF THE PARENTS AND THE VALIDITY OF THE REASONS GIVEN FOR MOVING OR OPPOSING THE MOVE INCLUDING THE EXTENT TO WHICH EITHER PARENT MAY INTEND TO GAIN A FINANCIAL ADVANTAGE REGARDING CONTINUING CHILD SUPPORT OBLIGATIONS.

G. K. The court shall assess attorney fees and court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court-ordered visitation.

H. L. Pursuant to section 25-403, subsection K, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would endanger seriously the child's or the custodial parent's physical, mental, moral or emotional health.

I. M. Notwithstanding section 25-411, if after a custody or visitation order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-604.01, child molestation as defined in section 13-1410 or an act of domestic violence as defined in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, the court may suspend visitation or change custody ex parte.

Sec. 2. Laws 1994, chapter 374, section 24, as amended by Laws 1995, chapter 44, section 1, is amended to read:

Sec. 24. Child support enforcement and domestic relations reform committee; child support coordinating council subcommittee; domestic relations reform study subcommittee; members; duties; reports

A. The child support enforcement and domestic relations reform committee is established consisting of the cochairpersons or their designees from the two subcommittees established by subsections B and G F . The child support enforcement and domestic relations reform committee shall coordinate the work of the two subcommittees. The child support enforcement and domestic relations reform committee shall not make substantive changes to the work, findings or recommendations of the two subcommittees and shall refer any conflicts between the two subcommittees' findings or recommendations back to the subcommittees for resolution. The child support enforcement and domestic relations reform committee shall submit a report on the work, findings and recommendations of the two subcommittees to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court before January 30 of each year.

B. The child support coordinating council subcommittee is established within the child support enforcement and domestic relations reform committee consisting of the following members or their designees who have knowledge of or experience in child support enforcement and related issues:

1. The director of the department of economic security.

2. The assistant director of the division of child support enforcement of the department of economic security.

3. A division or section chief from the office of the attorney general who is appointed by the attorney general.

4. The director of the administrative office of the supreme court.

5. Two presiding judges from the domestic relations department of the superior court who are appointed by the chief justice of the supreme court. One judge shall be from an urban county, and one judge shall be from a rural county.

6. A title IV-D court commissioner who is appointed by the chief justice of the supreme court.

7. A clerk of the superior court who is appointed by the chief justice of the supreme court.

8. Two county attorneys who are appointed by the director of the department of economic security from a county that is currently contracting with the state to provide child support enforcement services. One county attorney shall be from an urban county and one county attorney shall be from a rural county.

9. An executive assistant from the office of the governor who is appointed by the governor.

10. One person knowledgeable in child support issues who is a noncustodial parent and one person knowledgeable in child support issues who is a custodial parent and who are appointed by the president of the senate.

11. One person knowledgeable in child support issues who is a noncustodial parent and one person knowledgeable in child support issues who is a custodial parent and who are appointed by the speaker of the house of representatives.

12. One parent knowledgeable in child support issues who has joint custody and who is appointed jointly by the president of the senate and the speaker of the house of representatives.

13. One person from the executive committee of the family law section of the state bar of Arizona who is appointed by the chief justice of the supreme court.

14. One person from the business community who is appointed jointly by the president of the senate and the speaker of the house of representatives.

15. Two members of the senate from different political parties. The president of the senate shall appoint the members and designate one of the members as the cochairperson. The cochairperson may appoint additional members to the child support coordinating council subcommittee to serve as non-voting technical experts.

16. Two members of the house of representatives from different political parties. The speaker of the house of representatives shall appoint the members and designate one of the members as the cochairperson. The cochairperson may appoint additional members to the child support coordinating council subcommittee to serve as non-voting technical experts.

C. The child support coordinating council subcommittee shall coordinate and review plans of various government agencies and make recommendations regarding child support enforcement and related issues to the child support enforcement and domestic relations reform committee.

D. The child support coordinating council shall develop a plan to implement a statewide parental education program which shall be implemented by the department of economic security for title IV-D cases and by the supreme court for other child support cases.

E. D. Members of the child support coordinating council subcommittee appointed pursuant to subsection B, paragraphs 1 through 14 are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

F. E. The child support coordinating council subcommittee shall report to the child support enforcement and domestic relations reform committee quarterly.

G. F. A domestic relations reform study subcommittee is established within the child support enforcement and domestic relations reform committee consisting of the following members:

1. Two noncustodial parents knowledgeable in domestic relations issues.

2. Two custodial parents knowledgeable in domestic relations issues.

3. Two parents who have joint custody and who are knowledgeable in domestic relations issues.

4. TWO PARENTS KNOWLEDGEABLE IN DOMESTIC RELATIONS ISSUES.

4. 5. One active or retired judge or commissioner from the domestic relations department of a superior court.

5. 6. One domestic relations attorney.

6. 7. One clerk of the court.

7. 8. A professional domestic relations mediator.

8. 9. A psychologist experienced in performing child custody evaluations.

9. 10. A domestic relations educator experienced in matter relating to parenting or divorce classes.

10. 11. An administrative officer of the supreme court.

11. 12. Three members of the senate, not more than two of whom are from the same political party. The president of the senate shall appoint the members and designate one of the members as the cochairperson.

12. 13. Three members of the house of representatives, not more than two of whom are from the same political party. The speaker of the house of representatives shall appoint the members and designate one of the members as the cochairperson.

H. G. The cochairperson shall appoint the nonlegislative members of the subcommittee. The president of the senate and the speaker of the house of representatives shall approve the appointments.

I. H. The domestic relations reform study subcommittee shall:

1. Recommend a method for consolidating the domestic relations statutes in title 25, Arizona Revised Statutes, with other related sections of law, including titles 8 and 14, Arizona Revised Statutes.

2. 1. Recommend changes to the domestic relations statutes, rules and procedures and other related issues each year in a phased in approach designed to lead to a reform of the state's domestic relations statutes.

3. 2. Clarify the rights of grandparents in domestic relations issues.

4. 3. Report to the child support enforcement and domestic relations reform committee quarterly.

J. I. Nonlegislative members of the domestic relations reform study subcommittee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

K. J. The appointed members of the subcommittees established by subsections B and G F SHALL serve TWO-YEAR TERMS at the pleasure of the official or officials who appointed them. APPOINTMENTS SHALL BE MADE AT THE START OF EACH EVEN FISCAL YEAR AND MEMBERS MAY BE REAPPOINTED.

Sec. 3. Laws 1994, chapter 374, section 27 is amended to read:

Sec. 27. Delayed repeal

Section 24 of this act is repealed from and after December 31, 1997 2000 .

Sec. 4. Conditional repeal

Section 25-408, Arizona Revised Statutes, as amended by this act, is repealed if Senate Bill 1290, relating to parental responsibility, is enacted into law and includes an amendment to section 25-408.

APPROVED BY THE GOVERNOR APRIL 24, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 1997.