Arizona

Family Law

Rule 10 – Representation of Children

(a) Appointment of a Child’s Attorney and Best Interests Attorney. The court may appoint one or more of the following on behalf of a minor child:

(1) a best interests attorney; or

(2) a child’s attorney.

(b)Grounds. The court may appoint an attorney to represent a child in a family law case under A.R.S. § 25-321 for any reason the court deems appropriate.

(c)Qualifications. The court may appoint a child’s attorney or best interests attorney only if the attorney is qualified through training or experience in the type of proceeding in which the appointment is made, as determined by the court. The attorney should be familiar with the American Bar Association Standards of Practice for Lawyers Representing Children in Custody Cases.

(d)Appointment Order. The order appointing an attorney must include:

(1) a clear statement of the reasons for the appointment;

(2) the duration of the appointment;

(3) the attorney’s compensation, and an allocation of fees and expenses between the parties;

(4) language authorizing the attorney to have immediate access to the child;

(5) language authorizing the attorney to have immediate access to any privileged or confidential information and records relating to the child;

(6) language requiring a custodian of any of the child’s records to provide the appointed attorney with access to those records.

(e)Participation. An attorney appointed under this rule:

(1) must participate in the proceeding to the same extent as an attorney for any party;

(2) may not engage in ex parte contact with the court except as authorized by law;

(3) may not be compelled to produce the attorney’s work product developed during the appointment;

(4) may not be required to disclose the source of information obtained as a result of the appointment;

(5) may not submit a report into evidence; and

(6) may not testify in court.

(f)Appointments from Juvenile Dependency Rosters. The court may not appoint a best interests attorney or a child’s attorney from a state or county-funded juvenile dependency roster unless the court finds that a child may be the victim of child abuse or neglect as defined in A.R.S. § 8-201.

Ariz. R. Fam. Law. proc. 10

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Oct. 27, 2005, effective Jan. 1, 2006;Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Sept. 2, 2016, effective Jan. 1, 2017; amended effectiveJan. 1, 2019.

← Previous Next →