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meliz1 · Apr 18, 2012, 08:44 PM

My Fiancé and I are going through a child custody battle with his ex wife. The courts have already awarded my fiancé a third of the time with his child. Visitation worked out fine until his daughter began school(she is now in the first grade). We tried to make it work but the ex is being way to difficult. After they separated(about 5 years ago) his ex wife moved,with their daughter, to Arizona. My Fiancé and myself live in California. He allowed the move to AZ. Last month my Fiancé emailed his ex wife stating that we still want his daughter a third of the time. So since she is now in school the only way for us to get her a third of the time would be for us to have her every break from school(including all of summer). As soon as my Fiancé wrote that email to his ex wife she went to the Maricopa County Court house in AZ and filed a Notice of Filing a Foreign Judgement and an Affidavit substantiating a Foreign Judgement. She sent the paperwork to my Fiance's office certified mail and he saw a notice on his door to pick up the package from the post office. We never picked up the paperwork so it got sent back to her. She emailed my Fiancé after she did the filing and told him to be aware that she was sending him paperwork and that it was to just move the court case to AZ. She made it seem like he didn't have a choice at all. We then the next day filed an Order to show cause to modify the existing court order since the existing one was out dated. We then received certified mail at our home from her stating she filed a respoonse to our order to show cause. She stated that she doesn't think that we should have her a third of the time and that she already filed a Foreign Judgement in AZ and that this case should be closed and a new one opened in AZ. My question is what exactly is a foreign judgement? What will happen since we did not actually receive the paperwork that she sent us regarding that? Will the case get moved to AZ? Do we need to deny the foreign judgement and if so how? When we filed our modification of visitation the courts gave us a mediation date and court date... will they change that once they learn that she previously filed a foreign judgement? Thank you to anyone that is knowledgeable about this and can help.

ScottGem · Apr 19, 2012, 03:40 AM

I don't know why your fiancée allowed the move to AZ, but that was a big mistake.

What she is filing is to change jurisdiction to AZ courts. However, as long as your fiancée remains in the jurisdiction of the original court, he may be able to block that. He needs to immediately file a counter to deny her motion for foreign judgment.

But that only allows him to fight her in your local courts. She can then file for a modification of the visitation order. She can cite a) that your fiancée allowed the move to AZ and b) that the child being in school makes a 1/3 time share impractical. I believe she will win on this and visitation will be reduced. Probably something like a part of the summer and alternate school breaks.

meliz1 · Apr 19, 2012, 08:57 AM

How do you file a counter to deny her motion for a foreign judgement? She filed the foreign judgement in AZ.. shouldnt she have filed something first at our courts in CA since that is where the case originated?

mishjames2 · Apr 19, 2012, 09:10 AM

Its extremely common in CA court to give parenting time of every break and most of summer to non custodial parent. My husband had this arrangement and the mediation said it's the standard when child lives out of state. What county are you in?

meliz1 · Apr 19, 2012, 09:21 AM

We live in Riverside, CA

AK lawyer · Apr 19, 2012, 09:28 AM

Originally Posted by meliz1

... My question is what exactly is a foreign judgement? What will happen since we did not actually receive the paperwork that she sent us regarding that? Will the case get moved to AZ? Do we need to deny the foreign judgement and if so how? When we filed our modification of visitation the courts gave us a mediation date and court date...will they change that once they learn that she previously filed a foreign judgement? Thank you to anyone that is knowledgeable about this and can help.

A foreign judgment is a judgment from a state other than, in this case, Arizona. It would be, I assume, a California divorce decree including custody provisions.

The Arizona courts should refuse to take action, assuming that they are accurately made aware of the circumstances. The Uniform Child Custody Jurisdiction and Enforcement Act, which both states have enacted, clearly states that California continues to have jurisdiction as long as the father remains in California. You might contact an Arizona attorney to get this case dismissed, and to seek an award of attorney's fees for what sounds like a clearly inapproriate filing.

The uniform act has some language about cooperation between the courts which might be cause for a continuance.

AK lawyer · Apr 19, 2012, 09:34 AM

Originally Posted by ScottGem

... He needs to immediately file a counter to deny her motion for foreign judgment.
...

Note she is merely filing the California judgment in Arizona so as to require Arizona to give it full faith and credit. Perhaps her attorney figures she can then get Arizona to hold her in contempt of court or something like that.

meliz1 · Apr 19, 2012, 09:34 AM

Thank you for your help. We never actually read the foreign judgement paperwork that she sent us(we never picked it up from the PO so it got sent back to her) so we are unsure what it said to do. Should we try to block or deny it somehow through the courts or just contact an attorney in AZ?

Originally Posted by AK lawyer

A foreign judgment is a judgment from a state other than, in this case, Arizona. It would be, I assume, a California divorce decree including custody provisions.

The Arizona courts should refuse to take action, assuming that they are accurately made aware of the circumstances. The Uniform Child Custody Jurisdiction and Enforcement Act, which both states have enacted, clearly states that California continues to have jurisdiction as long as the father remains in California. You might contact an Arizona attorney to get this case dismissed, and to seek an award of attorney's fees for what sounds like a clearly inapproriate filing.

The uniform act has some language about cooperation between the courts which might be cause for a continuance.

meliz1 · Apr 19, 2012, 09:35 AM

Originally Posted by mishjames2

its extremely common in CA court to give parenting time of every break and most of summer to non custodial parent. My husband had this arrangement and the mediation said its the standard when child lives out of state. What county are you in?

Riverside County

AK lawyer · Apr 19, 2012, 09:37 AM

Originally Posted by meliz1

Thank you for your help. We never actually read the foreign judgement paperwork that she sent us(we never picked it up from the PO so it got sent back to her) so we are unsure what it said to do. Should we try to block or deny it somehow through the courts or just contact an attorney in AZ?

See if you can get a copy from the Arizona clerk of court.

If I was an attorney in Arizona, and if you contacted me about it, the first thing I would do would be to go down to the courthouse and get a copy of it. Only then I would be in a position to advise you.

meliz1 · Apr 19, 2012, 09:40 AM

Originally Posted by AK lawyer

Note she is merely filing the California judgment in Arizona so as to require Arizona to give it full faith and credit. Perhaps her attorney figures she can then get Arizona to hold her in contempt of court or something like that.

Yes well she actually is representing herself so Im unsure what she is trying to do but she is very deceiving. I just want to deny it before it actually does get moved to AZ. Can it get moved to AZ without the consent of the father? Does there have to be a mediation,or any type of meeting, with both parents are anything like that first?

meliz1 · Apr 19, 2012, 09:42 AM

Originally Posted by AK lawyer

See if you can get a copy from the Arizona clerk of court.

If I was an attorney in Arizona, and if you contacted me about it, the first thing I would do would be to go down to the courthouse and get a copy of it. Only then I would be in a position to advise you.

Ok thank you.

AK lawyer · Apr 19, 2012, 09:52 AM

Originally Posted by meliz1

... I just want to deny it before it actually does get moved to AZ. Can it get moved to AZ without the consent of the father? Does there have to be a mediation,or any type of meeting, with both parents are anything like that first?

As I said, the only way the Arizona court would have jurisdiction would be if your husband ceased to reside in California. Even if he gave his consent, Arizona still wouldn't have jurisdiction.

Keep in mind: so far as we know, she is not asking Arizona to do anything. She is merely asking the Arizona court to say "yes, there is a California judgment, all right." It doesn't look like she has asked that it be "moved to AZ".

meliz1 · Apr 19, 2012, 11:03 AM

Originally Posted by ScottGem

I don't know why your fiancee allowed the move to AZ, but that was a big mistake.

What she is filing is to change jurisdiction to AZ courts. However, as long as your fiancee remains in the jurisdiction of the original court, he may be able to block that. He needs to immediately file a counter to deny her motion for foreign judgment.

But that only allows him to fight her in your local courts. She can then file for a modification of the visitation order. She can cite a) that your fiancee allowed the move to AZ and b) that the child being in school makes a 1/3 time share impractical. I believe she will win on this and visitation will be reduced. Probably something like a part of the summer and alternate school breaks.

This has helped. Thank you.

ScottGem · Apr 19, 2012, 01:21 PM

As AK said, you need to know what the motion says. You can probably talk to the court where the motion was filed to find out what you need to do, if anything to deny it.

azdebra · Apr 26, 2012, 07:06 AM

I will tell you this... I am not an attorney... I am going through child custody/jurisdiction issues currently... One state is Arizona... There is a law called UCCJEA...
"Uniform Child Custody Jurisdiction and Enforcement Act"... It is my understanding that your initial jurisdiction/custody is in California... You need to immediately file a motion to deny the change in jurisdiction in California... You will also need to file a motion/response in Arizona to "vacate" her to motion as the California Courts has continuing jurisdiction. As long as there is still a "signifigant" connection to California (Father still resides there) jurisdiction should remain jurisdiction... unfortunately, this must be fought in court, however, it will ultimately be up to the California judge to decide to let go of the jurisdiction... and you will need an attorney in BOTH states... the 2 judges will talk... It's going to get messy... sorry... but if you don't fight it, it could get moved to Arizona... but the odds are in your favor... hope that helps...

AK lawyer · Apr 26, 2012, 07:28 AM

Originally Posted by azdebra

I will tell you this... I am not an attorney... I am going thru child custody/jurisdiction issues currently... One state is Arizona... There is a law called UCCJEA...
"Uniform Child Custody Jurisdiction and Enforcement Act"... It is my understanding that your initial jurisdiction/custody is in California... You need to immediately file a motion to deny the change in jurisdiction in California... You will also need to file a motion/response in Arizona to "vacate" her to motion as the California Courts has continuing jurisdiction. As long as there is still a "signifigant" connection to California (Father still resides there) jurisdiction should remain jurisdiction... unfortunately, this must be fought in court, however, it will ultimately be up to the California judge to decide to let go of the jurisdiction... and you will need an attorney in BOTH states... the 2 judges will talk... It's gonna get messy... sorry... but if you don't fight it, it could get moved to Arizona... but the odds are in your favor... hope that helps...

Thank you, Azdebra, but as I said, the first thing OP needs to do is to find out what exactly has been filed in Maricopa County. I don't see it, necessarily, as a motion that it be "moved" to Arizona.