Rule 5.1 - Simultaneous Dependency and Legal Decision-Making/Parenting Time Proceedings(a)Transfer to Juvenile Division. If pending family law and dependency proceedings concern the same parties, the juvenile division has jurisdiction over the children. (1)Notice. The parties must notify the family division of a pending dependency proceeding.(2)Effect of Transfer. If the proceedings are transferred, the juvenile division will hear legal decision-making and parenting time issues until the dependency is dismissed or the juvenile division defers jurisdiction to the family division.(b)Referral to Family Division. If the juvenile division determines that a change of legal decision-making or parenting time is appropriate, it may refer the matter to the family division for further proceedings.(c)Support Orders. During any dependency or guardianship proceeding in the juvenile division, the juvenile division may establish, suspend, modify, or terminate a child support order. Except in Title IV-D cases, the juvenile division also may make appropriate orders regarding any past due support or child support arrears and may direct that an income withholding order be quashed or modified. Any order regarding child support must be filed in both the family division and the juvenile division.Ariz. R. Fam. Law. proc. 5.1
Adopted Sept. 2, 2010, effective 1/1/2011. Amended Sept. 2, 2016, effective 1/1/2017; amended effective1/1/2019.