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.
Some of the issues the court looks at when a parent seeks permission to relocate out of state with their children are as follows:
1. Whether the move would result in a better quality of life the children 2. The extent to which the remaining parent exercises visitation rights with the children. 3. Whether that parent is willing to allow their children to spend longer, though less frequent, visits with the other parent, if the court approves the relocation. 4. Whether the child will be in close proximity to extended family members at the new location. 5. The quality of education and the quality of life the child would have access to at the new location. 6. That the relocating parent is prepared to pay for the increased expenses associated with the children’s traveling to and from visits with the other parent. 7. And, that the relocation is not simply an attempt to limit the other parent’s time with the children as some sort of punishment or attempt to be controlling. 8. Always, the primary consideration for the court is whether the move would be in the best interests of the children.
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