House of Representatives

HB 2533

temporary orders; family court advisors

Sponsors: Representative Marsh

DPA	Committee on Human Services
X	Committee on Judiciary
	Caucus and COW
	Third Read
	As Passed the House

HB 2533 establishes a one-year expiration date on temporary orders in divorce and child custody cases and authorizes advisor reports to be enforced as a temporary order. Additionally, the bill makes it unlawful for a custodial parent to violate specified terms in a parenting order.

Current Status

HB 2533 was amended in the Human Services Committee to strike all provisions and insert new language clarifying that upon signature of the court, the report of a family court advisor has the same force and effect as a temporary order.

History

The court is authorized to issue temporary custody orders in custody proceedings on the basis of the pleadings if there is no objection or after a hearing. The temporary order is effective until the divorce or separation proceeding is dismissed, a final decree is entered, or a modification in the order occurs.

Currently, Maricopa is the only county with family court advisors. The advisor may be an attorney, psychiatrist, psychologist, social worker, counselor, marriage and family therapist, substance abuse counselor or other person approved by the court. Presently, the advisor has no authority to make decisions that change legal custody or substantially alter physical custody.

Provisions

· Stipulates that a temporary order issued in dissolution of marriage cases expire no later than one year after issuance.

· Specifies that a temporary order issued in a child custody case expires no later than one year after issuance.

· Authorizes a report issued by a family court advisor is enforceable as a temporary order upon signature of the court.

· Stipulates that a custodial parent who allows a non-custodial parent to pick up a child at a place that violates the visitation terms is guilty of a Class 6 felony [$150,000/3 years].

Amendments

HB 2533 was amended in the Human Services Committee as follows:

· Eliminates provisions prescribing a one-year expiration on temporary orders in both divorce and child custody cases.

· Strikes provision that a parent who violates a visitation term is guilty of a Class 6 felony.

· Clarifies that a report issued by a family court advisor has the same force and effect as a temporary order upon signature of the court.

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· 45th Legislature

· Second Regular Session 2 February 5, 2002

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