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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
IN THE
DECISION ORDER
Judge Andrew W. Gould delivered the decision of the Court, in which
Presiding Judge Lawrence F. Winthrop and Judge Maurice Portley joined.
G O U L D, Judge:
1
Petitioner Danielle Sahlin (Mother) seeks special action
relief from the trial courts order granting Respondent/Real Party in
Interest Scott J. Hartfields (Father) request for a hearing to modify
legal-decision making authority and parenting time. For the reasons
discussed below, we accept jurisdiction and grant relief.
2
Father and Mother have one child in common. The parties
were divorced on April 3, 2009. In the decree, Mother was awarded sole
legal and physical custody of the child, and Father was awarded
parenting time.
3
On October 8, 2013, Father filed a verified Petition to Modify
Legal-Decision Making; Petition for Modification of Child Support;
Motion for Contempt and Order to Show Cause (hereinafter Petition to
Modify). Mother filed an objection to Fathers petition, a detailed
affidavit in opposition, and a Request for Order Denying Legal Decision
Making Hearing on December 12, 2013. Mother also filed a Request for
Findings of Fact and Conclusions of Law re: Petitioners Request to Deny
Hearing on Modification Petition on December 17, 2013.
4
On March 5, 2014, the trial court granted Fathers request for
a hearing on his Petition to Modify. The court based its order on the
following finding of fact: It has been over four (4) years since parenting
time has been reviewed in this matter.
5
After the court issued its order, Mother filed her current
petition for special action relief on April 22, 2014.
6
In her petition, Mother argues that the trial court abused its
discretion by granting Fathers request for a custody modification hearing.
Mother contends that based on the sole finding by the trial court, Father
failed to establish adequate cause for the hearing as required by Arizona
Revised Statutes (A.R.S.) section 25-411(L).
:gsh