Rule 35 - Legal Decision-Making and Parenting Time(a) Provisions for Legal Decision-Making and Parenting Time. Except as otherwise provided in this rule, a protective order cannot contain provisions regarding legal decision-making or parenting time issues. Legal issues such as maternity, paternity, child support, legal decision-making, parenting time, dissolution of marriage, or legal separation may be addressed only by the superior court in a separate action under A.R.S. Title 25.(b) Contact Between a Child and a Defendant Who Have a Legal Relationship. Before granting a protective order prohibiting contact with a child with whom the defendant has a legal relationship, the judicial officer must consider: (1) whether the child may be harmed if the defendant is permitted to maintain contact with the child, and(2) whether the child may be endangered if there is contact outside the presence of the plaintiff.(c) Provisions for Parenting Time and Child Exchanges.(1) A limited jurisdiction court that issues an order prohibiting contact with the plaintiff cannot include exceptions that allow the defendant to come near or contact the plaintiff in person for legal decision-making or parenting time with a child. A limited jurisdiction court may allow contact by mail or e-mail to arrange parenting time and may provide for child exchanges under circumstances not involving contact with the plaintiff in person.(2) A superior court judicial officer may issue a protective order or modify an existing protective order that includes an exception allowing the defendant to come near or contact the plaintiff in person to implement a legal decision-making or a parenting time order after considering the following factors and making specific findings on the record: (A) feasible alternatives regarding contact to carry out the legal decision-making or parenting time order, such as exchanges at a protected setting, a public facility or other safe haven, or through a third person;(C) each party's history of domestic violence;(D) the safety of the parties and the child;(E) each party's behavioral health; and(F) reports and recommendations of behavioral health professionals.(d) Modification of an Existing Protective Order. Any change made by a superior court judicial officer to an existing protective order must be included in a modified protective order. Each change must be set forth in the modified protective order with sufficient detail to assure understanding and compliance by the parties and ease of enforcement by law enforcement officers. The superior court judicial officer must obtain an acceptance of service signed by the defendant if the parties are present at the time the modification is made. If the defendant refuses to sign an acceptance of service, the judicial officer must have the defendant served in open court in accordance with Rule 31.(e) Active Legal Decision-Making Order. When a family law action is not pending but there is an active legal decision-making order issued by an Arizona court that involves a child of the defendant, a limited jurisdiction court may issue an ex parte protective order but then must transfer the matter to the superior court in accordance with procedures set forth in Rule 34.(f)Defendant Is a Non-Parent of Child. When a harassment injunction involves a child who is not the defendant's legal or biological child, the limited jurisdiction court may issue an ex parte protective order and conduct any contested hearings. To the extent the order affects the parenting rights of the person who is not a party to the harassment injunction action, the remedy for such a person is under Rule 91.6 of the Rules of Family Law Procedure.Formerly Rule 4 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Renumbered Rule 35 and amended Aug. 27, 2015, effective 1/1/2016; amended Aug. 25, 2021, effective 1/1/2022.COMMENT
When a Title 25 action is pending, family law judicial officers should refer to the options in A.R.S. § 25-403.03(F), including supervised exchanges for parenting time, when a protective order is in effect.