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REFERENCE TITLE: family court; false statements; penalties |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4003 |
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Introduced by Representative Keshel
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AN ACT
Amending title 25, chapter 4, article 1, arizona revised statutes, by adding section 25-419; RELATING to legal decision-making and parenting time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-419, to read:
25-419. Domestic relations proceedings; domestic violence and abuse allegations; immunity; burden of proof; judicial findings; penalties; sanctions; judicial training; affirmative defense; definitions
A. In any proceeding for a determination of legal decision-making or parenting time filed pursuant to this title, a parent is not civilly or criminally liable for making an allegation of domestic violence or abuse if all of the following apply:
1. the parent making the allegation made the allegation in good faith and reasonably believed the allegation to be true.
2. The parent made the allegation to protect a child, that parent or another vulnerable party.
3. The parent making the allegation acted on observed symptoms, behaviors, disclosures or professional concerns, even if the observed symptoms, behaviors, disclosures or concerns were later recanted, proven to be unconfirmed, false or UNSUBSTANTIATED.
B. the court may not find a parent to be liable for making an allegation of domestic violence or abuse unless the court finds by a PREPONDERANCE OF THE evidence all of the following:
1. The allegation of domestic violence or abuse was false.
2. The parent making the allegation of domestic violence or abuse had actual knowledge that the allegation was false.
3. The parent made the allegation of domestic violence or abuse to interfere with legal decision-making or parenting time, harass the other parent or delay the proceedings.
C. The court shall make a written record of all findings of false allegations of domestic violence or abuse and any sanctions imposed by the court. The court shall include the following findings on the record:
1. The allegation of domestic violence or abuse was found to be false by a PREPONDERANCE OF THE evidence.
2. The parent knowingly made the false allegation of domestic violence or abuse.
3. There was no reasonable basis to believe the allegation of domestic violence or abuse was true.
D. The court may enter an order imposing sanctions against a parent if the court finds by a PREPONDERANCE OF THE evidence that the parent knowingly made a false allegation of domestic violence or abuse. The court may impose either of the following sanctions:
1. Monetary sanctions of less than $5,000.
2. An award of attorney fees.
E. If the court finds by a PREPONDERANCE OF THE evidence that a parent knowingly made a false allegation of domestic violence or abuse, in addition to the sanctions prescribed by subsection D OF this section, the court shall refer the matter involving that parent to the county attorney or other prosecuting authority that has jurisdiction over the matter for PROSECUTION of perjury as prescribed in section 13-2702.
F. The court may impose any of the following sanctions against An attorney who knowingly submits a false allegation of domestic violence or abuse or commits subornation of perjury:
1. Monetary sanctions.
2. Referral to the state bar of Arizona.
3. Mandatory continuing education and training.
G. Family court judicial officers shall receive mandatory training every two years in the following areas:
1. Differentiating a false allegation from an unsubstantiated allegation.
2. Recantation of an allegation based on coercion.
3. Trauma and abuse patterns.
4. Coercive and control patterns.
5. intersectional ANALYSIS of trauma response.
6. gender bias.
H. An unsubstantiated allegation of domestic violence or abuse may not be used as evidence of bad faith or used to prove the unfitness of a parent. A failure to substantiate an allegation of domestic violence or abuse, conflicting testimony or a parent's later recantation of an allegation of domestic violence or abuse does not alone constitute knowledge that the allegation was false.
I. The court shall keep records of sanctions imposed pursuant to this section and the demographics of the parties on whom the sanctions are imposed.
J. A parent has an affirmative defense against any sanction imposed pursuant to this section if any of the following applies:
1. The parent was experiencing post-traumatic stress disorder, coercive control or stalking at the time of making the allegation.
2. The parent made the allegation based on a child's disclosure, information learned in a therapy session or an observed change in a child's behavior.
3. The parent has a history of credible victimization or documented trauma.
k. for the purposes of this section:
1. "abuse" has the same meaning prescribed in section 8-201.
2. "Domestic violence" has the same meaning prescribed in section 13-3601.
3. "knowingly" means the parent making the allegation had actual knowledge that the allegation was untrue, had no reason to believe that the allegation was actually true, intentionally FABRICATED an allegation with no belief in the truth of the allegation or acted in disregard of known contradictory evidence.
Sec. 2. Legislative findings
The legislature finds that:
1. Survivors of domestic violence and abuse are often not believed due to the failure to distinguish between unsubstantiated claims and false claims.
2. Parties in family court use false claims of domestic violence and abuse to harass the other parent, retaliate against the other parent or manipulate the other parent or the court.
3. Current perjury laws are under-enforced in family court.
4. It is in the best interest of this state to protect good faith reports of domestic violence and abuse and to not punish survivors of domestic violence and abuse for making claims of domestic violence or abuse during family court proceedings.