Free Request to Enforce Custody or Parenting Time - Arizona


File Size: 160.6 kB
Pages: 8
Date: August 28, 2008
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State: Arizona
Category: Court Forms - Local
Author: Monica
Word Count: 1,595 Words, 10,497 Characters
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URL

http://pinalcountyaz.gov/Departments/JudicialBranch/ClerkoftheCourt/Documents/Downloads/FamilyLaw/Packet1.pdf

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Preview Request to Enforce Custody or Parenting Time
REQUEST TO ENFORCE TERMS OF COURT-ORDERED CUSTODY OR PARENTING TIME

PINAL COUNTY
To Enforce the Terms of Custody or Parenting Time that have been ordered by the Court INSTRUCTIONS AND FORMS
Provided as a Public Service by Kristi Youtsey Ruiz Clerk of the Superior Court
© Superior Court of Arizona Pinal County August 8, 2008 Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

INSTRUCTIONS AND FORMS FOR COMPLETING REQUEST ENFORCE TERMS OF COURT-ORDERED CUSTODY OR PARENTING TIME
COMPLETE THIS FORM TO REQUEST ENFORCEMENT OF TERMS OF COURT-ORDERED CUSTODY OR PARENTING TIME (VISITATION) IF:
You have an Pinal County order establishing the terms of custody and/or parenting time (visitation) and A party violates a provision of the Decree, temporary order or order for custody or parenting time.

NOTE: These forms cannot be used if an Arizona court did not enter your custody or parenting time order. Out-of-state orders may be enforced in Arizona if you follow certain specified procedures. You may wish to contact an attorney regarding such enforcement.

TO COMPLETE THIS FORM AND FILE THE REQUEST YOU WILL NEED:
Information from the Order(s) you wish to have enforced.

FOLLOW THESE INSTRUCTIONS NUMBERED TO MATCH THE IDENTIFYING NUMBERS ON THE FORM. TYPE OR PRINT NEATLY USING BLACK INK.
(1) Fill in your name, address and telephone number as the person who is requesting enforcement of the order that was established terms of court-ordered custody or visitation. (An attorney must also list the name of the person represented and the attorney's State Bar Number). (2) Fill in the name of the county in which the request is being filed. This may already be printed on the form. (3) Fill in the name of the person who is shown as the petitioner on the court order that established the terms of custody and/or visitation. (4) Fill in the name of the person who is shown as the respondent on the document you are using for item 3. (5) Fill in the case number shown on the document you are using for item 3. (6) Mark the "Custody" box if you are seeking to enforce the terms of a custody order or mark the "Visitation" box if you are seeking to enforce the terms of a visitation order. (7) Fill in the date of the order you are requesting to have enforced. (8) Fill in the name of the judicial officer who signed the order.
Page 1 of 3 © Superior Court of Arizona Pinal County August 8, 2008 Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

(9) State the terms of custody and/or visitation as set forth in the order. (10) Fill in the name of the person whom you believe violated the order. (11) Write a brief summary describing how the terms of the court order establishing custody and/or parenting time (visitation) were violated. (12) Date and sign here before a Notary Public or a Deputy Clerk of the Clerk of Superior Court. By signing, you affirm and acknowledge that the information on the form is true and correct to the best of your knowledge and belief.

COMPLETE THE ORDER TO APPEAR (ENFORCEMENT OF CUSTODY / PARENTING TIME (VISITATION)
(1) Fill in your name, address and telephone number as the person who is requesting enforcement of the order that was established terms of court-ordered custody or parenting time. (An attorney must also list the name of the person represented and the attorney's State Bar Number). (2) Fill in the name of the county in which the request is being filed. This may already be printed on the form. (3) Fill in the name of the person who is shown as the petitioner on the court order that established the terms of custody and/or visitation. (4) Fill in the name of the person who is shown as the respondent on the document you are using for item 3. (5) Fill in the case number shown on the document you are using for item 3. (6) Fill in the name and address of the person whom you believe violated the order.

WHEN YOU HAVE COMPLETED THE "REQUEST TO ENFORCE TERMS OF COURTORDERED" AND "ORDER TO APPEAR (ENFORCEMENT OF CUSTODY / PARENTING TIME", FILE BOTH FORMS WITH THE CLERK OF THE SUPERIOR COURT.
NOTE: There may be a fee for filing the Request to Enforce and Order to Appear. There may be additional fee including an appearance fee if this is your first appearance in this case. If you cannot pay these fees, you may quality for a deferral or waiver of fees. The Clerk of the Superior Court has the necessary forms to ask for a deferral or waiver. (7) The Deputy Clerk will fill in the date, time and place of the hearing on the Order to Appear (Enforcement of Custody / Visitation). (8) The Deputy Clerk will date and sign the Order to Appear.

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© Superior Court of Arizona Pinal County August 8, 2008

Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

Serve the following items on the other party. - A copy of your completed "Request to Enforce and Order to Appear". To "Serve" means to use the legally required method of delivering notice or documents, pursuant to Arizona Rules of Family Law Procedures (ARFLP) effective January 1, 2006 and Rules 4.1 and 4.2, Rules of Civil Procedures. The most common method of service on a party is personal service by a private process server or sheriff office. Process servers are listed in the yellow pages. When serve is complete, the proof of service must be filed with the Clerk of the Superior Court.

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© Superior Court of Arizona Pinal County August 8, 2008

Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

(1) Name of Person Filing Document: Your Mailing Address: Your Telephone Number: Attorney Bar Number (if applicable): Self (Without Attorney) OR Attorney Representing

Petitioner

Respondent

IN THE SUPERIOR COURT OF ARIZONA
(2)

PINAL COUNTY
Case No: (5)
.

Regarding the Matter of:
(3)

Name of Petitioner,
And

REQUEST TO ENFORCE TERMS OF COURT-ORDERED
(6)

[ ] Custody [ ] Parenting Time (Visitation)

(4)

Name of Respondent THIS FORM IS NOT TO BE USED TO REQUEST A CHANGE IN THE TERMS OF EXISTING ORDER, BUT RATHER TO ENFORCE THOSE EXISTING TERMS. On (7) an order signed by (8)____________________________________

established the following terms for custody and/or visitation:___________________________________
(9)_________________________________________________________________________________

___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________
(10) __________________________________ violated the court-ordered custody and/or parenting time

(visitation) in the following manner (11)

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© Superior Court of Arizona Pinal County August 8, 2008

Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

I ask the court to: A. Compel compliance with the terms of the custody and/or parenting order, including making a finding of contempt, which may include, but not limited to incarceration. B. Enter orders for mediation, counseling, specific terms of visitation or supervised visitation. C. Issue a civil arrest warrant or enter an order for the requested relief should the other party fail to appear at the hearing. D. Enter an order for other relief as deemed just and proper by the court. The information contained in this request is true and correct to the best of my knowledge and belief.
(13)

_________________________ Date STATE OF ARIZONA ) ) ss. County of ______________ )

________________________________________ Signature of Requesting Party

Subscribed and Sworn or affirmed and acknowledged before me this date: My Commission Expires: ___________________________________ Notary Public or Deputy Clerk

Page 2 of 2

© Superior Court of Arizona Pinal County August 8, 2008

Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

(1) Name of Person Filing Document: Your Mailing Address: Your Telephone Number: Attorney Bar Number (if applicable): Self (Without Attorney) OR Attorney Representing

Petitioner

Respondent

IN THE SUPERIOR COURT OF ARIZONA
(2)

PINAL COUNTY
Case No: (5)

Regarding the Matter of:
(3)

and
(4)

ORDER TO APPEAR ON ENFORCEMENT OF CUSTODY / VISITATION

Name of Respondent TO: (6)_____________________________________________________________________________ Address: ___________________________________________________________________________ ___________________________________________________________________________ A verified Request to Enforce Custody / Parenting Time having been filed: IT IS ORDERED that you appear for hearing at the time and place shown below: DATE AND TIME OF HEARING:
(7)________________________________________________ at ___________________A.M. / P.M.

PLACE OF HEARING: PINAL COUNTY SUPERIOR COURT, DIVISION _________________ 971 JASON LOPEZ CIRCLE BUILDING A FLORENCE, ARIZONA 85232 So the court can decide whether to enter an order for the relief asked for in the Request to Enforce Custody and / or Parenting Time. You need not file a written response or answer. However, if you fail to appear at the hearing, the court may hear evidence and enter an order against you.

Page 1 of 2 © Superior Court of Arizona Pinal County August 8, 2008 Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED

The hearing for custody / parenting time enforcement: a) b) Shall not exceed 15 minutes; Shall not include the hearing of evidence unless the commissioner or the judge deems it necessary;

The Court may: 1. 2. 3. 4. 5. 6. 7. Set the case for evidentiary hearing; Enter an order approving an agreement of the parties; Enter an order granting specific relief; Schedule the case for additional review hearing; Refer the case to a mediation program; Enter an order for a person or a local social service agency to supervise this case; Enter an order for other appropriate action.

WARNING: FAILURE TO APPEAR AT THIS HEARING MAY CAUSE A CIVIL WARRANT TO BE ISSUED FOR YOUR ARREST.

(8)

__________________________

________________________________________

Dated

Judge / Special Commissioner

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© Superior Court of Arizona Pinal County August 8, 2008

Req to Enf Cust / Parent Time Instrs & Forms Use only most current version

ALL RIGHTS RESERVED