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About the Author Shri A.V. Sundaram now 74 years is a retired mechanical. Items Related to Insights in Nadis (Unknown Astrology) (Astrology Books).

The Supreme Court vacated a potion of the court of appeals’ opinion and affirmed the family court’s order giving Father final legal decision-making authority over certain issues regarding the parties' child, holding that the words “final” and “sole” have different meanings in the context of a family court’s award of joint legal decision-making that gives one parent final legal decision-making authority over certain matters.The court of appeals determined that an award of joint legal decision-making that gives authority to one parent is, in essence, an award of sole legal decision-making. The Supreme Court disagreed, holding that joint legal decision-making with final decision-making authority and sole legal decision-making authority are separate and distinct categories. IN THE SUPREME COURT OF THE STATE OF ARIZONA IN RE THE MATTER OF: ROBERT J. NICAISE, JR., Petitioner/Appellee, v.

APARNA SUNDARAM, Respondent/Appellant. CV-18-0089-PR Filed January 17, 2019 Appeal from the Superior Court in Maricopa County The Honorable Theodore Campagnolo, Judge Nos. FC2014-094949 and FC2014-095056 (Consolidated) AFFIRMED Opinion of the Court of Appeals, Division One 244 Ariz. 2018) VACATED IN PART COUNSEL: Law Office of Karla L.

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Calahan, P.C., Karla L. Calahan (argued), Phoenix, Attorneys for Petitioner/Appellee Rader, Sheldon & Stoutner, PLLC, Diana I. Rader (argued), Marc R. Grant, Jr., Phoenix, Attorneys for Respondent/Appellant NICAISE V.

SUNDARAM Opinion of the Court JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE BRUTINEL, and JUSTICES PELANDER, TIMMER, GOULD, and LOPEZ joined. JUSTICE BOLICK, opinion of the Court: ¶1 This case concerns whether a family court’s award of joint legal decision-making that gives one parent final legal decision-making authority over certain matters necessarily gives that parent sole legal decision-making authority. We hold that final and sole have different meanings in this context. BACKGROUND ¶2 This question arises in the context of a family law dispute, which the family court aptly described as “a troubling and difficult case since its inception in September 2014,” between the parents of a now eightyear-old girl. In a fifty-eight-page ruling, the court recounted the case history in painstaking detail, including allegations of domestic violence, child abuse, and medical neglect of the child. Based on extensive findings, including those addressing the child’s best interests, the court made numerous orders regarding the parents’ respective rights going forward.

¶3 Before us is the family court’s order regarding legal decisionmaking authority. The court found that it was in the child’s best interests 2 NICAISE V. SUNDARAM Opinion of the Court to award joint legal decision-making to Mother and Father.

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The court ordered, in relevant part, as follows: Parental decisions shall be required for major issues in raising the child and in meeting on-going needs. When they arise, each parent shall give good faith consideration to the views of the other and put forth best efforts to reach a consensus decision. If they cannot agree after making a good faith effort to reach an agreement, Father shall have the ability to make the final decision as to medical, mental health, dental, and therapy issues. The court made other orders that are not before us regarding choice-ofschool decisions.

¶4 The court of appeals affirmed some orders, vacated others, and remanded. Sundaram, 244 Ariz. 272, 282 ¶ 35 (App. However, although the issue was neither raised nor briefed by the parties, the court determined that by giving Father final legal decision-making authority over medical, mental-health, dental, and therapy issues, the family court “effectively created orders for sole legal decision-making, carved out from a general order for joint legal decision-making.” Id. Construing A.R.S. § 25-401(2), the court determined that “an award of joint legal decision-making that gives final authority to one parent is, in reality, an award of sole legal decision-making. Regardless of the labels used in a decree, when one parent has the final say, that parent’s rights are superior and the authority therefore is not joint as a matter of law.” Id.

¶5 Mother sought review only of this portion of the court of appeals’ opinion. Whether a parent’s right to make a final decision following consultation converts joint into sole legal decision-making authority is an issue of first impression with statewide significance. We have jurisdiction pursuant to article 6, section 5(3) of the Arizona Constitution. SUNDARAM Opinion of the Court II.

DISCUSSION ¶6 This case presents a question of statutory interpretation, which we review de novo. State ex rel.

Pandola, 243 Ariz. 418, 419 ¶ 6 (2018). ¶7 We granted review on three questions presented by Mother: (1) whether the court of appeals’ sua sponte determination to convert joint legal decision-making into Father’s sole decision-making authority violated Mother’s due process rights; (2) whether in so doing the court erred by not remanding the matter to the family court; and (3) whether the court of appeals’ effective award of sole legal decision-making authority over certain matters to Father conflicts with the family court’s findings relating to the child’s best interests. Because we conclude that the court of appeals erred as a matter of law in equating final legal decision-making authority over certain matters as an award of sole legal decision-making, we need not reach those issues. ¶8 Section 25-401 sets forth definitions covering legal decisionmaking and parenting time. The Supreme Court vacated a potion of the court of appeals’ opinion and affirmed the family court’s order giving Father final legal decision-making authority over certain issues, holding that the words “final” and “sole” have different meanings in the context of a family court’s award of joint legal decision-making that gives one parent final legal decision-making authority over certain matters.Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.

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