HB 2124 — parental alienation; hearings; findings; requirements

Bill Text

• Introduced Introduced Version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new requirements for court findings regarding parental alienation in legal decision-making and parenting time proceedings.

• Title 25, chapter 4, article 1, Arizona Revised Statutes

  25-407.01. Parental alienation; findings required; prohibitions; appeals; definitions A. IN ANY PROCEEDING TO ESTABLISH OR MODIFY LEGAL DECISION-MAKING OR PARENTING TIME, THE COURT SHALL MAKE SPECIFIC FINDINGS OF FACT ON THE RECORD THAT RESOLVE ALL CLAIMS OF PARENTAL ALIENATION. IF THE COURT DETERMINES THAT PARENTAL ALIENATION HAS OCCURRED, THE COURT SHALL INCLUDE ON THE RECORD ALL OF THE FOLLOWING: 1. IDENTIFICATION OF THE BEHAVIORS OF THE FAVORED PARENT THAT CONSTITUTE PARENTAL ALIENATION. 2. AN EXPLANATION OF HOW EACH OF THE FAVORED PARENT'S ALLEGED BEHAVIORS CONTRIBUTED TO THE CHILD'S REJECTION OF THE NONFAVORED PARENT. 3. A DESCRIPTION OF HOW THE CHILD'S REJECTION OF THE NONFAVORED PARENT IS DISPROPORTIONATE TO ADMITTED EVIDENCE AND WITNESS TESTIMONY. 4. ACKNOWLEDGEMENT OF WHAT CONSTITUTES PARENTAL ALIENATION AND ESTRANGEMENT AND AN EXPLANATION AS TO WHY THE CHILD'S REJECTION OF THE NONFAVORED PARENT CONSTITUTES PARENTAL ALIENATION AND NOT ESTRANGEMENT FROM THE NONFAVORED PARENT. B. WHEN MAKING THE FINDINGS REQUIRED BY SUBSECTION A OF THIS SECTION, THE COURT SHALL CONSIDER AND WEIGH THE EXTENT TO WHICH THE FAVORED PARENT'S BEHAVIOR TOWARD THE CHILD WAS INTENTIONAL AND RECKLESS AND WHETHER THE FAVORED PARENT'S STATEMENTS TO THE CHILD WERE TRUE. C. THE COURT MAY NOT MAKE A FINDING OF PARENTAL ALIENATION IF, BY A PREPONDERANCE OF THE EVIDENCE, THE FAVORED PARENT ESTABLISHES A REASONABLE AND INDEPENDENT CAUSE FOR THE CHILD'S REJECTION OF THE NONFAVORED PARENT. D. IF A PARTY ATTEMPTS TO PROVE PARENTAL ALIENATION THROUGH EXPERT TESTIMONY, THE EXPERT TESTIMONY MUST MEET THE REQUIREMENTS OF THE ARIZONA RULES OF EVIDENCE AND THE ARIZONA RULES OF FAMILY LAW PROCEDURE. E. IF THE COURT MAKES A FINDING OF PARENTAL ALIENATION BUT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION, THE NONFAVORED PARENT MAY SEEK RELIEF THROUGH A PETITION FOR SPECIAL ACTION WITH THE APPELLATE COURT. AN APPELLATE REVIEW PURSUANT TO THIS SUBSECTION SHALL BE CONFINED TO THE LEGAL QUESTION OF WHETHER THE TRIAL COURT MADE SUFFICIENT FINDINGS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION. THE APPELLATE COURT MAY NOT REVIEW THE TRIAL COURT'S ASSESSMENT OF WITNESS CREDIBILITY, TESTIMONY OR EVIDENCE. F. FOR THE PURPOSES OF THIS SECTION: 1. "ESTRANGEMENT" MEANS THAT THE CHILD'S REJECTION OF THE NONFAVORED PARENT IS OBJECTIVELY REASONABLE DUE TO EITHER: (a) THE NONFAVORED PARENT'S BEHAVIOR. (b) THE CONSIDERATIONS PRESCRIBED IN SECTION 25-403, SUBSECTION A. 2. "FAVORED PARENT" MEANS THE PARENT FOR WHOM THE CHILD HAS, BY WORDS OR ACTIONS, DEMONSTRATED A PREFERENCE. 3. "NONFAVORED PARENT" MEANS THE PARENT WITH WHOM THE CHILD HAS REJECTED A RELATIONSHIP. 4. "PARENTAL ALIENATION" MEANS INTENTIONAL OR RECKLESS CONDUCT BY A FAVORED PARENT THAT IS DIRECTED TOWARD THE CHILD AND THAT CAUSES THE CHILD TO REJECT, WITHOUT JUSTIFICATION, A RELATIONSHIP WITH THE NONFAVORED PARENT.

  This creates a new statutory obligation for courts to provide detailed findings when dealing with claims of parental alienation.

Action History

1. January 13, 2026

   House Second Reading

2. January 12, 2026

   House First Reading.

3. January 06, 2026

   Prefiled.

Sponsors

• Lisa Fink · Primary

Subjects