Van Zilen v. Bouse

NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE JENNIFER MAY VAN ZILEN, Petitioner/Appellee, v. JEFFREY ROBERT BOUSE, Respondent/Appellant. No. 1 CA-CV 20-0344 FC FILED 11-16-2021 Appeal from the Superior Court in Yavapai County No. P1300DO201200859 The Honorable Joseph P. Goldstein, Judge pro tempore VACATED IN PART AND REMANDED COUNSEL Margaret Perlmeter, Phoenix Counsel for Petitioner/Appellee Jeffrey R. Bouse Respondent/Appellant MEMORANDUM DECISION Judge Paul J. McMurdie delivered the Court’s decision, in which Presiding Judge Peter B. Swann and Judge David D. Weinzweig joined. VAN ZILEN v. BOUSE Decision of the Court M c M U R D I E, Judge: ¶1 Respondent Jeffrey Bouse (“Father”) appeals from the superior court’s order modifying his parenting time. Father argues that (1) the court failed to make the specific findings required under A.R.S. § 25-403, (2) he was prejudiced by Petitioner Jennifer Van Zilen’s (“Mother”) late filing of her pretrial statement and exhibits, and (3) the court’s requirement that he exercise his parenting time with the children in Cottonwood one weekend per month to retain his parenting time in Mesa one weekend per month presents a financial burden and causes him undue hardship. We vacate the superior court’s order because the geographical restrictions are not supported and remand for proceedings consistent with this decision. FACTS AND PROCEDURAL BACKGROUND ¶2 The parties were married in 2006 and had two children together. The marriage was dissolved in 2012. The dissolution decree included a finding that Father committed an act of domestic violence, and Mother was awarded sole legal decision-making. The court designated Mother as the primary residential parent and granted Father parenting time every other weekend and one weekday per week. From the dissolution of the marriage through 2015, both parties lived in the Cottonwood area. In 2015, Father moved away from the area, eventually residing in Mesa, while Mother and the children remained in Cottonwood. ¶3 In 2016, Father petitioned for legal decision-making and parenting-time modification. The court ordered mediation, and the parties agreed to joint legal decision-making and parenting time for Father every other weekend. There were no geographical restrictions in the parenting plan for Father’s parenting time. ¶4 In 2019, Mother petitioned to modify legal decision-making and parenting time and requested temporary orders. She asked for sole legal decision-making and that Father’s parenting time be restricted to only supervised parenting time. She asserted that Father was awaiting trial on charges for driving under the influence, a crime for which he had been convicted on two prior occasions. She also stated that one of the children had gotten sick during the night during a recent visit, and the children could not wake Father, who was sleeping in his locked bedroom. She claimed that the child developed recurrent severe abdominal pain and vomiting because of anxiety caused by Father’s parenting time. In July 2019, the court issued temporary …

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