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Rule 10.1.Court-Appointed Advisor

Part I. General Administration · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 10.1 provides for a court-appointed advisor, who unlike a Rule 10 attorney must file a report that is admissible and can be deposed and called as a witness.

Full Text of Rule 10.1

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Generally. For any reason the court deems appropriate, the court may appoint a qualified individual as a court-appointed advisor.
(b) Qualifications. An individual is qualified if he or she has training or experience in the type of proceeding in which the appointment is made and meets and complies with A.R.S. § 25-406. The court-appointed advisor should be familiar with the Uniform Law Commission's Uniform Representation of Children in Abuse and Neglect and Custody Proceedings Act.
(c) Appointment Order. The appointment order must include:
(1) a statement of the reasons for the appointment;
(2) the duration of the appointment;
(3) the advisor's compensation, and an allocation of fees and expenses between the parties;
(4) language authorizing the advisor to have immediate access to the child;
(5) language authorizing the advisor to have immediate access to any privileged or confidential information and records relating to the child;
(6) language requiring a custodian of the child's records to provide the appointed advisor with access to those records.
(d) Participation. A court-appointed advisor:
(1) may not engage in ex parte contact with the court except as authorized by rule or court order;
(2) may not make opening and closing statements, examine witnesses, or engage in discovery;
(3) is subject to deposition and may testify at a hearing;
(4) if the advisor is an attorney, may take only those actions that an advisor who is not an attorney may take; and
(5) must submit a report under A.R.S. § 25-406, which is admissible, stating the advisor's recommendations regarding the child's best interests and the basis for those recommendations, including consideration of the applicable statutory factors.
(e) Right to Call Advisor as a Witness. A party, including a child's attorney or best interests attorney, may call an advisor as a witness and cross-examine the advisor regarding the advisor's report, even if the party did not list the advisor as a witness.
(f) Appointments from Juvenile Dependency Rosters. The court may not appoint a court-appointed advisor 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.
End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

Rule 10.1 was added to give the court a fact-finder rather than an advocate. Read it against Rule 10: the two appointments have almost identical orders and opposite roles.

Appointment and qualification

For any reason the court deems appropriate, it may appoint a qualified individual as a court-appointed advisor. Qualification means training or experience in the type of proceeding and meeting and complying with A.R.S. § 25-406. The advisor should be familiar with the Uniform Law Commission's Uniform Representation of Children in Abuse and Neglect and Custody Proceedings Act.

The appointment order carries the same six items as Rule 10's, including immediate access to the child and to privileged or confidential records.

The role, and how it differs

A court-appointed advisor:

  • may not engage in ex parte contact with the court except as authorized by rule or order;
  • may not make opening or closing statements, examine witnesses, or engage in discovery — the advocacy functions Rule 10 grants;
  • is subject to deposition and may testify at a hearing;
  • if an attorney, may take only those actions a non-attorney advisor may take; and
  • must submit a report under A.R.S. § 25-406, which is admissible, stating recommendations regarding the child's best interests and the basis for them, including consideration of the applicable statutory factors.

So the report is not optional and not merely received — the rule makes it admissible. The fourth item is the one that catches people out: appointing a lawyer as an advisor does not give the advisor a lawyer's powers.

Calling the advisor

Subsection (e) removes a procedural obstacle: any party — including a child's attorney or best interests attorney — may call the advisor as a witness and cross-examine them on the report, even if the party did not list the advisor as a witness.

Subsection (f) repeats Rule 10's dependency-roster restriction.

Frequently Asked Questions

Does a court-appointed advisor write a report?

Yes, and it is admissible. Rule 10.1(d)(5) requires the advisor to submit a report under A.R.S. § 25-406 stating recommendations regarding the child's best interests and the basis for them, including consideration of the applicable statutory factors.

Can I cross-examine the advisor?

Rule 10.1(e) allows any party, including a child's attorney or best interests attorney, to call the advisor as a witness and cross-examine the advisor regarding the report, even if the party did not list the advisor as a witness.

How is an advisor different from a child's attorney?

A Rule 10 attorney participates as an advocate but may not submit a report or testify. A Rule 10.1 advisor may not make opening or closing statements, examine witnesses or engage in discovery, but must submit an admissible report and is subject to deposition and may testify.

What if the advisor is a lawyer?

Rule 10.1(d)(4) provides that if the advisor is an attorney, the advisor may take only those actions that an advisor who is not an attorney may take.

What qualifies someone to be an advisor?

Rule 10.1(b) requires training or experience in the type of proceeding in which the appointment is made, and that the individual meets and complies with A.R.S. § 25-406.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text
Also known as: court-appointed advisoradvisor report25-406best interests reportcustody evaluator