Arizona Family Court Grounds

Summary

Arizona family courts may alter or amend a final order based on overlooked facts, misconduct, newly discovered evidence, or if the order is unsupported by evidence or law. Grounds include overlooked domestic violence, misconduct during proceedings, and newly discovered falsehoods. Consider filing a motion with supporting documentation to address these issues.

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according to the rules of family court procedure?
Arizona Family Court Rule * outlines the grounds for altering or amending a final order:
- Mistake, inadvertence, surprise, or excusable neglect.
- Newly discovered evidence.
- Fraud, misrepresentation, or misconduct.
- The judgment is void.
- The judgment has been satisfied, released, or discharged.
Do you believe any of these apply to your case?
this is what rule * says
Arizona Family Court Rule * provides the following grounds for altering or amending a final order:
- Mistake, inadvertence, surprise, or excusable neglect
- Newly discovered evidence
- Fraud, misrepresentation, or misconduct
- The judgment is void
- The judgment has been satisfied, released, or discharged
Do any of these grounds seem relevant to your situation?
Grounds for Altering or Amending a Judgment. The court may on its own or on motion alter or amend all or some of its rulings on any of the following grounds materially affecting a party's rights: (A) the court did not properly consider or weigh all of the admitted evidence; (B) any irregularity in the proceedings or abuse of discretion depriving the party of a fair trial; (C) misconduct of the other party; (D) accident or surprise that could not reasonably have been prevented; (E) newly discovered material evidence that could not have been discovered and produced at the trial with reasonable diligence; (F) error in the admission or rejection of evidence, or other errors of law at the trial or during the action; (G) mistakenly overlooked or misapplied uncontested facts, including mathematical errors, which were necessary to the ruling; or (H) the decision, findings of fact, or judgment is not supported by the evidence or is contrary to law.
It sounds like you have a good understanding of the grounds for altering or amending a judgment. To help you further, can you specify which of these grounds you believe applies to your situation? This will help in determining the best course of action.
overlooked facts, the order is not supported by evidence or law, newly discovered evidence, misconduct of the opposing party
Based on the grounds you mentioned, Arizona Family Court Rule * could support a motion to alter or amend the final order. These include:
- Overlooked facts
- Order not supported by evidence or law
- Newly discovered evidence
- Misconduct of the opposing party
Have you gathered any specific evidence or examples to support these claims?
I disclosed fathers addition domestic violence in my pretrial filings and father did not deny them, active avoided to address them and testified to domestic violence generally at trial. yet the court did not find additional dv by father
Case Rating: *.
It sounds like your situation revolves around the court potentially overlooking evidence or not properly considering the disclosed domestic violence. You could argue:
- Overlooked facts.
- Misconduct of the opposing party.
Do you have records or documentation of the disclosed domestic violence that wasn't considered?
yes is in my cross petition, and both of my pretrial statements
It sounds like you have a strong case to request an alteration or amendment of the final order based on overlooked evidence and potential misconduct.
You should gather all documentation and evidence related to the domestic violence claims you mentioned. Presenting a clear and comprehensive argument with supporting documents will be crucial.
Would you like more information on how to file a motion or need assistance with any other aspect of your case?
the court didn't specify how or what findings led to their conclusions and order. and the court didn't specify why the mpdificston was in out Childs best interest or that a change has occurred to warrant a modification]
It appears you have valid concerns about the court's lack of specificity in its findings and the justification for the modification.
You may consider these steps:
- Request a detailed explanation from the court regarding the basis for their decision.
- File a motion for reconsideration or appeal based on the lack of specific findings and evidence.
Would you like guidance on filing a motion for reconsideration or any other aspect of your case?
father threatened me during court and it was caught on camera and witnessed by an attendee of the proceedings. no one else saw it. but you can see it and kinda hear it from the court audio viedo
It sounds like you have a strong case with multiple grounds for altering or amending the final order. Given the threat made by your father in court, you may have additional evidence of misconduct.
Would you like guidance on how to include this new evidence in your motion or need assistance with another aspect of your case?
father also lied during court about volunterering at our sons school which I found out was a lie the day after the hearing. father also lied about having his niece and her young son live with him
Your situation seems to have multiple grounds for altering or amending the final order. Here’s what you can consider:
- Newly discovered evidence: The lies about volunteering and his niece living with him.
- Misconduct: Threats made in court.
- Overlooked facts: Domestic violence history.
Would you like guidance on how to compile and present this evidence for your motion?