Rule 91.5.Post-Judgment Petition for Enforcement of Legal Decision-Making or Parenting Time; Warrant to Take Physical Custody

Rule 91.5 is the fastest track in Part XI, because the harm it addresses compounds daily.

The petition

A petition for enforcement of a legal decision-making, parenting time or visitation order must comply with Rule 91, meet all legal requirements including A.R.S. section 25-1058 where applicable, and include detailed facts supporting a violation of the order and the specific remedy or remedies sought. A petition seeking a warrant to take physical custody of a child must comply with Rule 91 and A.R.S. section 25-1061.

The 25-day hearing

Under A.R.S. section 25-414, the court must hold a hearing or conference within 25 days of service before a judge, commissioner, or person the court appoints to review noncompliance with a visitation or parenting time order -- and must rule no later than 21 days after it concludes. That ruling deadline is one of the nine Rule 30 collects.

Everything else in Rule 91 bends to that timetable. Service on a 91.5 petition must be complete 20 days before the hearing rather than 40; initial disclosure is due the earlier of 15 days after service or 5 days before the hearing, against 30 days for other petitions; and final supplemental disclosure is due 5 days before rather than 30.

Disclosure

The same five categories as Rule 91.3 -- protective orders, treatment providers, criminal charges, Department of Child Safety matters, and documents on any relevant statutory factor -- with one difference in the first: Rule 91.5(c)(1) reaches past as well as current protective orders, where Rule 91.3(c)(1) asks only for current ones plus anything filed since the last decree. In an enforcement proceeding the history of protective orders is itself part of the picture.

Why this rule is cross-referenced so widely

Rule 30 lists it among the nine rules whose deadlines the courts must observe. Rule 74(g) lets a parenting coordinator seek emergency orders even where no modification petition is pending. And Rule 91(j)'s shortened service window exists for it. A parenting order that cannot be enforced quickly is not much of an order, and the ruleset is built around that.