Motion for Rule 12 Interview of Minor Child(ren)

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Upon written motion of any party pursuant to Rule 35 of the Arizona Rules of Family Law Procedure (“ARFLP”), or its own motion, the Court may conduct an interview with a minor child who is subject of a legal decision-making or parenting time dispute to ascertain the child’s wishes as to legal decision-making and/or parenting time. Before determining whether a Motion for Rule 12 Interview of Minor Child(ren) is appropriate the Court will consider the minor child(ren)’s age and maturity. While there is no set age in making this determination, Courts are reluctant and/or cautious to involve the minor child(ren) in the disputes of their parents. Moreover, if the child is young, the Court will not necessarily feel that a child is of suitable age to make decisions regarding a parent’s requests concerning legal decision-making or parenting time. If the motion is granted, the interview must be recorded by a court reporter or any electronic medium that is retrievable in perceivable form. Additionally, a party may request that the record of the interview be sealed from the public, based upon good cause after considering the best interests of the child.

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