jurisdiction Archives | Stewart Law Group

Registration of Foreign Custody Order Not Required Before Arizona Modification

Arizona court had jurisdiction to modify Illinois child custody order on Nebraska father’s petition. Statute governing registration of foreign child support orders does not control registration of foreign child custody orders. With petition to modify out-of-state child support order, Uniform Interstate Family Support Act (UIFSA) requires prior registration. But Uniform Child Custody Jurisdiction and…

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Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection

Hospital employees used emergency hotline with Superior Court to obtain medical treatment orders after minor patient and parents refused blood transfusions on religious grounds. With two exceptions, Arizona subject matter jurisdiction attaches upon filed petition or complaint. In this special action, the Court of Appeals held that because Banner hospital failed to initiate legal…

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Home State Custody Jurisdiction When Child Relocated to Arizona

Modification of other state court’s child custody order for parenting time and legal decision-making was proper where Arizona court first asserted temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After New York and Florida declined jurisdiction, Arizona asserted home state jurisdiction over a child who resided in Arizona with the…

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Mexico Court Had Child Custody Jurisdiction for Arizona Enforcement

UCCJEA child custody jurisdiction of a foreign court (Mexico) in Arizona case summary. Mauricio Fernandez Margain V. Elsa Lourdes Ruiz-Bours In a Mexico divorce action, the child’s father was awarded definitive legal custody. During proceedings, the mother absconded with the child to Tucson, Arizona. Father petitioned to enforce the foreign court’s order in the…

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