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How to Dismiss a Court Date in Favor of an Agreed Resolution

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  • 02-06-2018, 09:01 AM
    netblues
    How to Dismiss a Court Date in Favor of an Agreed Resolution
    My question involves a child custody case from the State of: Arizona

    Hello,

    The other parent filed for a custody and child support court date, which was granted. Since then we have come to a mutually-agreed resolution and would both like to skip the court date in favor of simply filing our agreement with the court. However, the court clerk advised that we need to "file separate dismissals" but offered absolutely no assistance in pointing me in the right direction. I searched the Maricopa County court website and was not able to find any forms that meet the description. Can anyone explain to me the process for this, or point me in the right direction?
  • 02-06-2018, 09:30 AM
    Mr. Knowitall
    Re: How to Dismiss a Court Date in Favor of an Agreed Resolution
    Is this a child support order, child custody order, or both?

    If child support is one of the issues, is the amount of child support defined by your proposed settlement an amount previously calculated by the court, as set forth in a temporary order, or is it a different amount? If it's a new amount, the court may need to hold a hearing in order to verify that the amount is consistent with the state child support formula, as devations from the formula must be approved by the court.

    If custody and parenting time are also addressed in the order, has the court already made best interest findings while issuing a custody order consistent with the proposed settlement? If no findings have yet been made, or if they were made in relation to a different parenting arrangement or schedule, the court may require a hearing to establish that the proposed settlement will in fact be consistent with the best interests of the children.
  • 02-06-2018, 09:30 AM
    BooRennie
    Re: How to Dismiss a Court Date in Favor of an Agreed Resolution
    Why not go to the court date and present the agreement to the court for ratification?
  • 02-06-2018, 09:38 AM
    Mr. Knowitall
    Re: How to Dismiss a Court Date in Favor of an Agreed Resolution
    Quote:

    Quoting BooRennie
    View Post
    Why not go to the court date and present the agreement to the court for ratification?

    Often that is the easiest resolution -- as that way the court can ask any questions about the proposed order, address any problems with the order, and also ask foundational questions if needed to support a finding that the support calculations are proper and the custody agreement is consistent with the children's best interest.

    It's usually not necessary for both parties to appear to enter a consent order; but there's an element of trust involved in allowing the other person to appear without being present yourself. Some people have that level of trust after their relationship ends; others do not.
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