12-2452. Additional court orders
A. Before an emancipation case proceeds, the court may stay the proceedings and:
1. Refer the parties to mediation.
2. If the court reasonably believes that the petition contains an allegation of child abuse or neglect, require the department of child safety to investigate the allegation and make a written report of the investigation to the court.
B. If the minor's parent or legal guardian objects to the petition for emancipation, the court shall stay the proceeding and refer the parties to mediation or alternative dispute resolution unless the court reasonably believes that mediation would not be in the best interest of the minor. The court may consider any of the following:
1. The minor's parent or legal guardian has been convicted of abuse, neglect or abandonment.
2. The minor's parent or legal guardian is named as a perpetrator of abuse, neglect or abandonment in the protective services central registry pursuant to section 8-804.
3. Any other information the court deems relevant.
C. If agreement is reached through mediation, the parties shall submit the signed mediation agreement to the court.
Notes of Decisions
Cited in
6
cases, 1980–1996 · leading case:
Pflum v. Pflum, 660 P.2d 1231 (Ariz. Ct. App. 1982).
Pflum v. Pflum, 660 P.2d 1231 (Ariz. Ct. App. 1982).
· cites it 7× “Specifically, A.R.S. § 12-2452 relates to jurisdiction, venue and procedure: § 12-2452.”
Smith v. Saxon, 918 P.2d 1088 (Ariz. Ct. App. 1996).
· cites it 4× “A.R.S. § 12-2452(A). Therefore, Judge Ellis did not act outside her authority in this matter.”
State v. Buhman, 887 P.2d 582 (Ariz. Ct. App. 1994).
· cites it 2× “See A.R.S. § 12-2452(A) (proceedings to establish, enforce, or modify duties of support “shall be civil actions except as provided in § 12-2458”); see generally A.”
Campbell v. Campbell, 617 P.2d 66 (Ariz. Ct. App. 1980).
· cites it 2× “While § 12-2451 D makes the duties of support prescribed in the Family Responsibility Chapter enforceable “by all civil and criminal remedies provided by law”, the provisions of § 12-2452 B allowing enforcement “by any person .”
Cnty. of San Diego v. Green, 810 P.2d 622 (Ariz. Ct. App. 1991).
· cites it 2× “We see no reason not to allow the County to pursue the remedies the statutes so plainly provide simply because another similar remedy is provided in A.R.S. § 12-2452 or because Ms. Green could not recover past support and could seek future support only through modification of…”
State v. Garibaldi, 802 P.2d 1030 (Ariz. Ct. App. 1990).
· cites it 6× “While the superior court does have original jurisdiction in child support proceedings, the applicable statute, A.R.S. § 12-2452, dictates that the proceedings be civil in nature (except as provided in A.”
— Ariz. Rev. Stat. § 12-2452(A) — 2 cases
Smith v. Saxon, 918 P.2d 1088 (Ariz. Ct. App. 1996).
“A.R.S. § 12-2452(A). Therefore, Judge Ellis did not act outside her authority in this matter.”
State v. Buhman, 887 P.2d 582 (Ariz. Ct. App. 1994).
“See A.R.S. § 12-2452(A) (proceedings to establish, enforce, or modify duties of support “shall be civil actions except as provided in § 12-2458”); see generally A.”
— Ariz. Rev. Stat. § 12-2452(B) — 1 case
Pflum v. Pflum, 660 P.2d 1231 (Ariz. Ct. App. 1982).
“Specifically, A.R.S. § 12-2452 relates to jurisdiction, venue and procedure: § 12-2452.”
— Ariz. Rev. Stat. § 12-2452(C) — 1 case
State v. Garibaldi, 802 P.2d 1030 (Ariz. Ct. App. 1990).
“While the superior court does have original jurisdiction in child support proceedings, the applicable statute, A.R.S. § 12-2452, dictates that the proceedings be civil in nature (except as provided in A.”
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