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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In filing an emergency motion in Arizona family court can I

Customer Question

In filing an emergency motion in Arizona family court can I address multiple issues? I don't want my infants father to be able to leave the state over the holidays with our baby before our hearing on Jan 5 due to flight risk/concerns, I want to know my child's current whereabouts, and several other issues there was no time or I wasn't permitted to address at the last status conference.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can address all of the issues that are emergent in the same emergency motion and you are expected to address all of those issues in one motion not file multiple motions. So yes, you ask for all of the emergency orders on each issue in the one motion, but they have to be true emergency issues and not just issues that were just not heard or allowed to be raised. Flight risk, yes, knowing where the child is, yes, anything else that could cause immediate harm to the child yes. However, any type of routine things need to be kept out and brought up later in a regular motion in the case later on.
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Customer: replied 8 months ago.
How quickly is an emergency motion, once filed, heard in front of a judge?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
If approved as an emergency by the court, typically 3-5 days is the time it takes to hear an emergency motion. Just because you file it as an emergency, that does not mean the court will agree it is an emergency, so it has to go to the judge to review why you say it is an emergency and cannot wait and if they agree then it is set in 3-5 days.
Customer: replied 8 months ago.
I've learned there is no emergency motion to file for what I'm trying to do, prevent the child's father from leaving the state
Expert:  Law Educator, Esq. replied 8 months ago.
It is an emergency if the father is trying to leave the state with the child against court orders. There is an emergency motion to file, but whether it is heard as an emergency is up to the judge and the judge may not find this an emergency.
Customer: replied 8 months ago.
No, I went to the court today. They have ONLY an emergency motion for decision making. They said I would need to write up a blank one. Is this correct?
Expert:  Law Educator, Esq. replied 8 months ago.
Oh, you were talking about pre printed forms, yes, there are not many pre printed forms, which is an issue for pro se litigants who all want just a fill in the blank form to use.
There is no pre printed form for this, they are correct, you have to write your own motion on the blank motion form and explain what the issue is.