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Important Preliminary Orders To Be Aware of In Custody Cases

Uncategorized Jun 26, 2019

I'm currently dealing with some issues in a divorce case where people aren't following the preliminary orders that have been issued and it's causing all kinds of issues.  This case doesn't involve custody of children but it really brought to mind the importance of knowing what preliminary orders are in your custody case.  Here are some important types of preliminary orders that can be issued and need to be followed in divorce and custody cases.

When you file paperwork especially when it’s an initial case, there are some orders that go into effect immediately.   In Arizona those orders are called preliminary injunctions and when it relates to children one of the preliminary injunctions are that if there's a divorce you can't take the children out of state.

Neither party can take the children out of state without written agreement or a prior court order.   If it's a paternity case where the parties weren't married and if there's a birth certificate that's attached to the initial paperwork or that's you know it lets to have been well it needs to be attached really to the initial paperwork.   Then neither party can take the child out of state unless there's an agreement or court order.

 Another type of preliminary order that can be issued in a case when it relates to divorce is an order that says neither party can start disposing, hiding or destroying community property that would compromise the other party's ability to get value from that or draw upon that.   Parties in Arizona can use money for example in a bank account for reasonable and necessary expenses like supporting themselves.  Or if there's a business involved they can use money that is reasonable and necessary for making sure that that business continues to operate.

You must review the preliminary orders that are issued in your case.   Another very important preliminary order that is issued in cases in Arizona is that both parties have to take a parent information class.   I think that probably this is an order in a lot of states.   In Arizona if the parties don't abide by that order and don't take the parents information class then they're often stopped from asking the court for relief as it relates to child custody matters.

Judges can become really unhappy if you don’t follow the courts order and take a parents information class.   Always review all of the paperwork in your case.  Read the fine print to make sure that you're doing everything that you're supposed to be doing.   Often preliminary orders say that you can't start changing around insurances and removing kids from insurances.   If you're married,  you can't start removing the other party from the insurance.   At least that's what the orders say in Arizona.   It may be different in your state but just follow those orders because if you don't follow the orders then the other party can ask the court to have you held in contempt of court for not following the preliminary orders.   That will not look so good and if there's an attorney on the other side then you could end up paying that attorneys fees and cost.