Rule 91.3. Post–Judgment Petition to Modify Legal Decision Making;  Parenting Time;  or Education Order

(a) Petition A petition for modification of legal decision-making or parenting time:

(1) must comply with Rule 91;

(2) must contain detailed facts supporting the modification;

(3) must be verified by the applicant or supported by affidavit(s) as required by A.R.S. § 25-411; and

(4) in actions in which the legal decision-making order or decree was not entered by an Arizona court, must include an affidavit required under A.R.S. § 25-1039.

(b) Service In addition to complying with Rule 91(j), the applicant must comply with A.R.S. § 25-1035.

(c) Disclosure Parties must disclose:

(1) a copy of any current protective orders and underlying petitions involving a party or member of the party's household, or prior order or petition filed since the last decree or judgment addressing legal decision-making or parenting time;

(2) for each parent and child, the name and address of each treatment provider and period of treatment involving any party for psychiatric or psychological issues, anger management, substance abuse, or domestic violence, occurring since the last decree or judgment addressing legal decision-making or parenting time;

(3) the date, description, location, and documentation of any criminal charge against or conviction of any party or member of the party's household occurring since the last decree or judgment addressing legal decision-making or parenting time;

(4) the date, description, location, and documentation of any Department of Child Safety investigation or proceeding involving any party or member of the party's household occurring since the last decree or judgment addressing legal decision-making or parenting time; and

(5) relevant documents and information regarding any relevant statutory factor.

(d) Education Order If the court finds that it is in the children's best interests for an Education Order to be issued, any order granting modification issued under this rule must include an “Education Order” substantially in conformity with Rule 97, Form 19 or Form 20, as appropriate. If an Education Order had been previously issued, the court may vacate or modify it if it finds it is in the children's best interests.