Rule 5.1.Simultaneous Dependency and Legal Decision-Making/Parenting Time Proceedings

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

In one sentenceRule 5.1 gives the juvenile division jurisdiction over the children when a dependency and a family law case involve the same parties, and lets it handle child support along the way.

Full Text of Rule 5.1

Text sizeJump to: (a) (b) (c)

(a) Transfer to Juvenile Division. If pending family law and dependency proceedings concern the same parties, the juvenile division has jurisdiction over the children.

(1) Notice. The parties must notify the family division of a pending dependency proceeding.

(2) Effect of Transfer. If the proceedings are transferred, the juvenile division will hear legal decision-making and parenting time issues until the dependency is dismissed or the juvenile division defers jurisdiction to the family division.

(b) Referral to Family Division. If the juvenile division determines that a change of legal decision-making or parenting time is appropriate, it may refer the matter to the family division for further proceedings.

(c) Support Orders. During any dependency or guardianship proceeding in the juvenile division, the juvenile division may establish, suspend, modify, or terminate a child support order. Except in Title IV-D cases, the juvenile division also may make appropriate orders regarding any past due support or child support arrears and may direct that an income withholding order be quashed or modified. Any order regarding child support must be filed in both the family division and the juvenile division.

End

Rule History

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

Plain-English Summary

Rule 5.1 governs the overlap between the family division and the juvenile division — a jurisdictional question that arises whenever a dependency proceeding is opened while a family law case is pending.

The juvenile division takes the children

If pending family law and dependency proceedings concern the same parties, the juvenile division has jurisdiction over the children. The parties must notify the family division of a pending dependency proceeding — an affirmative duty on the parties, not on the courts.

Once transferred, the juvenile division hears legal decision-making and parenting time issues until the dependency is dismissed or the juvenile division defers jurisdiction back to the family division.

Referral back

Subsection (b) runs the other way: if the juvenile division decides a change of legal decision-making or parenting time is appropriate, it may refer the matter to the family division for further proceedings.

Support

Subsection (c) is the practical one. During any dependency or guardianship proceeding, the juvenile division may establish, suspend, modify or terminate a child support order. Except in Title IV-D cases it may also address past due support or arrears and direct that an income withholding order be quashed or modified.

And a filing requirement that is easy to miss: any order regarding child support must be filed in both the family division and the juvenile division.

Frequently Asked Questions

Which court decides custody if there is a dependency case?

The juvenile division. Rule 5.1(a) provides that if pending family law and dependency proceedings concern the same parties, the juvenile division has jurisdiction over the children, and hears legal decision-making and parenting time issues until the dependency is dismissed or it defers jurisdiction to the family division.

Who has to tell the family court about a dependency?

The parties. Rule 5.1(a)(1) requires them to notify the family division of a pending dependency proceeding.

Can the juvenile division change child support?

Rule 5.1(c) allows it to establish, suspend, modify or terminate a child support order during any dependency or guardianship proceeding. Except in Title IV-D cases it may also make orders about past due support or arrears and direct that an income withholding order be quashed or modified.

Where does a support order from the juvenile division get filed?

In both divisions. Rule 5.1(c) requires any order regarding child support to be filed in both the family division and the juvenile division.

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: dependencyjuvenile divisionsimultaneous proceedingstransfer to juvenilechild support in dependencyguardianship