SIRLIN LAW FIRM LLC REVIEWS ARIZONA COURT OF APPEALS NOTICE REQUIREMENT FOR DUE PROCESS OF LAW

Posted on by Randi

The Arizona Court of Appeals, in the matter of Cruz v Garcia, 2 CA-CV 2015-0174, June 17, 2016, overturned the trial court, after the court entered a “final order” granting Father sole legal decision making authority (“child custody”) and designated him as the primary residential parent.

The trial court entered these orders at a hearing at which the sole consideration was to be Father’s request to suspend Mother’s supervised parenting time.

The trial court further vacated a subsequent trial date on the issues of legal decision making authority and parenting time, even though the court had reaffirmed the trial date only eight (8) days before that hearing.

The Arizona Court of Appeals reversed the trial court orders on the basis that Mother was denied due process of law because Mother was not notified that the issues of legal decision making authority and parenting time would be determined at the hearing, nor was she given reasonable time or manner to be heard.

Regardless of time limitations and other such restrictions currently in place in Maricopa County, all litigants have a right to due process of law.

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