ARS 25-414 Violation of Visitation and Parenting Time Rights

What happens if a parent’s visitation rights are violated?

A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:

1. Find the violating parent in contempt of court.
2. Order visitation or parenting time to make up for the missed sessions.
3. Order parent education at the violating parent’s expense.
4. Order family counseling at the violating parent’s expense.
5. Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.
6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent’s expense.
7. Make any other order that may promote the best interests of the child or children involved.

How long does it take for the court to deal with a violation of parenting time rights?

B. Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.

Who is responsible to pay court fees incurred due to a violation of visitation rights?

C. Court costs and attorney fees incurred by the nonviolating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.

For more information on Family Law in Arizona click to review the following Articles and Resources:

• Child Custody Information Center
• Parenting Plans
• Parent Visitation 

Resource: Arizona State Legislature

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