This bill proposes significant updates to the Arizona Revised Statutes regarding legal decision-making and parenting time, specifically addressing the treatment of allegations of domestic violence or abuse in family court. Under the new provisions, a parent making such allegations would not face civil or criminal liability if they acted in good faith, aimed to protect a child or vulnerable party, and based their claims on observed symptoms or professional concerns, even if those claims are later deemed unsubstantiated. The court would be required to find a parent liable for false allegations only if it can establish, by a preponderance of the evidence, that the allegations were false, knowingly made, and intended to interfere with legal proceedings.

Additionally, the bill mandates that courts maintain a written record of findings related to false allegations and any imposed sanctions, which could include monetary penalties or attorney fees. It also introduces mandatory training for family court judicial officers on various relevant topics, such as differentiating between false and unsubstantiated allegations and understanding trauma responses. Importantly, the bill emphasizes that unsubstantiated allegations cannot be used to imply bad faith or parental unfitness, and it provides an affirmative defense for parents who may have been experiencing trauma or coercive control at the time of making their allegations. Overall, the bill aims to protect genuine reports of domestic violence while addressing the misuse of such claims in family court.

Statutes affected:
Introduced Version: 25-419