Paul E. v. Courtney F.

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The Supreme Court vacated the family court's orders to the extent those orders appointed and granted authority to specific treatment professionals for the child in this case and otherwise limited Father's sole legal decision-making authority, holding that the family court exceeded its authority.Under Ariz. Rev. Stat. 25-410(A), when a family court designates one parent as the sole legal decision-maker for a child, the court may limit the decision-maker's authority only to prevent endangering the child's physical health or significantly impairing the child's emotional development. Upon the parties' divorce in this case, the family court awarded Father final legal decision-making authority concerning their child's education and medical and dental care. The current dispute arose over the parties' handling of the child's gender identification. Eventually, the family court appointed a specific treating therapist for the child and a consulting expert for the court and parties, with attendant restraints on Father's authority. The Supreme Court vacated the family court's orders, holding (1) section 25-410(A) did not authorize the court's appointment orders; and (2) neither Ariz. Rev. Stat. 25-405(B) nor Arizona Rule of Family Law Procedure 95(A) authorized the family court to appoint the professionals as "consulting experts." View "Paul E. v. Courtney F." on Justia Law