I'm sorry to hear of your dilemma.
The specific code section that you are referring to does not prevent an appointed Commissioner from issuing an Order preventing you from taking your child from the state. It would only prevent him/her from issuing an ex-parte Order which deprives you of custody
. Under the law, preventing you from vacationing outside the state with your child is not depriving you of custody. It is merely placing restraints on your right to remove the child from the state.
12-213. Commissioners in certain counties; appointment; powers and duties; salary
A. In counties having three or more superior court judges, the presiding judge may appoint court commissioners to serve at his pleasure who shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such commissioners are expressly prohibited, except in default hearings, from making any ex parte orders which would deprive any person or persons from custody of their child or children, or change of counsel of attorneys, or deprive any person of their liberty, or deprive any person or entity from their property or the use thereof, or any injunctive relief.
B. Commissioners appointed under subsection A shall receive an annual salary set by the presiding judge which may not exceed ninety per cent of the salary of a judge of the superior court. The commissioner's salary shall be a county charge. An appointed commissioner shall be a duly licensed member of the state bar of Arizona and shall have engaged in active general practice of the law for a period of not less than three years next preceding his appointment.
You certainly have the right to appeal this Order, and based upon your circumstances, presuming that all you want to do is to vacation outside the state, I would expect the judge to stay the order and allow you to do that. However, if your intent is to relocate outside the state with your child, the court can mandate that you petition for a court order allowing you to do so at this point---now that paternity looks to be an issue, having been placed before the court by the father.
I wish you and your child the best.