Chapman v. Hopkins, 1 CA-SA 17-0115.

• Decision Date: 12 October 2017
• Docket Number: No. 1 CA-SA 17-0115.,1 CA-SA 17-0115.
• Citation: 404 P.3d 638
• Parties: Gia CHAPMAN, Petitioner, v. The Honorable Stephen M. HOPKINS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ronald Pritchard and Claudia Pritchard, Real Parties in Interest.
• Court: Arizona Court of Appeals

404 P.3d 638

Gia CHAPMAN, Petitioner,

v. The Honorable Stephen M. HOPKINS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge,Ronald Pritchard and Claudia Pritchard, Real Parties in Interest.

No. 1 CA-SA 17-0115.

Court of Appeals of Arizona, Division 1.

FILED October 12, 2017

AMENDED PER ORDER FILED October 16, 2017

Berkshire Law Office, PLLC, Phoenix, By Keith Berkshire, Erica L. Gadberry, Counsel for Petitioner

Woodnick Law, PLLC, Phoenix, By Gregg R. Woodnick, Kaci Y. Bowman, Markus W. Risinger, Counsel for Real Parties in Interest

Presiding Judge Randall M. Howe delivered the opinion of the Court, in which Judge Peter B. Swann and Judge Michael J. Brown joined.

OPINION

HOWE, Judge:

¶ 1 In this special action proceeding, Gia Chapman ("Mother") challenges the family court's ruling affirming ex-parte temporary orders giving her parents ("Grandparents") sole legal decision-making authority and sole parenting time for Mother's minor children. Mother argues that the court lacked jurisdiction to enter the ruling and that it incorrectly applied a best interests standard.

¶ 2 We previously issued an order accepting jurisdiction. Because the temporary orders are merely preparatory to a later trial, Mother does not have an "equally plain, speedy and adequate remedy by appeal." Ariz. R. Spec. Act. 1(a); Villares v. Pineda , 217 Ariz. 623, 624–25 ¶ 10, 177 P.3d 1195, 1196–97 (App. 2008). Moreover, the circumstances under which the family court may award a third party legal decision-making authority and parenting time and the standard used to make that determination are issues of first impression and statewide importance. In our order, we also denied relief with an opinion to follow. This is that opinion.

FACTS AND PROCEDURAL HISTORY

¶ 3 Mother, who became a widow in 2015, has six children: three minor daughters, two minor sons, and one 18–year–old son. In 2016, Mother met Yves LaJoie through an online dating site. LaJoie, who lived in California, came to Arizona to meet Mother and Grandparents in person in early September of that year. From the outset, Mother's father and LaJoie had significant disagreements. The most significant disagreement was about religion and their respective religious beliefs. LaJoie did not believe in established religions or entering church buildings, while Grandparents—and Mother before meeting LaJoie—were members of a Christian church.

¶ 4 In October, Mother traveled with her three young daughters to California to visit LaJoie for a week. LaJoie returned to Arizona with them and moved into Mother's home with her six children and LaJoie's own teenage son. Mother and LaJoie considered themselves to be married in the "eyes of God," which was the only form of marriage important to them because they "don't do world's traditions." Instead, LaJoie and Mother participated in and hosted a "home church" and implemented "rules" in Mother's household consistent with their beliefs. These rules included prohibiting the family from celebrating holidays or birthdays and requiring the family to end relationships with other family members and friends.

¶ 5 Soon after their return, between 20 and 30 of Mother's friends and family, including Grandparents and Mother's three sons, held an "intervention" concerning Mother's new religious practices. Mother, LaJoie, LaJoie's friend Rob Ogden, and the children were present. The group questioned Mother about her new beliefs and relationship, and called her "demon-possessed." They also commented that she was vulnerable and that LaJoie had brainwashed and controlled her. They asked her to "listen to [her] sons," who did not like the decisions Mother was making for her life and for the household. Mother told her sons that if they did not approve of her choices, did not want to follow her rules, and thought they would be happier living with Grandparents, then they "had decisions to make" because she "wasn't going to allow any more chaos."

¶ 6 The following day, Mother's three sons went to live with Grandparents. After leaving the house, Mother and her sons did not have much of a relationship and any conversations they did have grew increasingly hostile. LaJoie prohibited the oldest son from speaking with Mother unless LaJoie was present. Another son told her that he would "absolutely never come home" as long as LaJoie lived there.

¶ 7 Although Mother's sons now lived with Grandparents, Mother's three daughters still lived with her and were not allowed to see Grandparents often. In January 2017, Grandparents petitioned for visitation rights to the three daughters under A.R.S. § 25–409(C). In their petition, Grandparents alleged that they had a healthy relationship with the children and had helped raise them since their births. They further stated that they planned to use their visitation time to "just love them as we always have," do activities together or just spend time together because the time Mother permitted them to see the daughters "isn't much time."

¶ 8 In February 2017, while that petition was pending, one of the daughters went to school with a red mark under her eye. Fearing that the daughter had been the victim of sexual abuse, the school called police to investigate. The daughter told the police officer that she received the mark from LaJoie's friend Ogden while playing a wrestling game. The daughter said that while they were wrestling, Ogden placed his mouth over her eye and "sucked" on it. The daughter also stated that Ogden had pinched her sister on the buttocks. The sister subsequently denied that she had been pinched, but during an interview with the officer, changed her descriptions of the event and seemed "uncomfortable" with talking about it. The officer was unable to reach Mother but spoke with LaJoie, who represented himself as the girls' father. LaJoie denied the allegations, stating that he knew of the injury and that she had received it while playing with his friend. He then told the officer that he was certain the daughters were not in danger and further investigation was not required. The officer then closed the case as a non-crime.

¶ 9 That same month, Mother, who had been in remission from breast cancer, relapsed. Her cancer was diagnosed as terminal. Soon after Mother's diagnosis, Mother and LaJoie legally married. The couple then traveled to Mexico so that Mother could receive treatment. Mother left her three daughters with LaJoie's son, a nanny, and family friends.

¶ 10 While Mother and LaJoie were in Mexico, Grandparents amended their petition to ask for temporary sole legal decision-making authority and sole parenting time of the children. They attached to the amended petition the oldest son's affidavit, which stated that he had "grown increasingly concerned about [Mother's] mental stability as it relates to her ability to safeguard the well-being of" his three young sisters. He also stated that when he tried to tell Mother about his concerns in LaJoie's and Ogden's presence, Mother told him to leave the house. The son also avowed that he had recently talked to one of his sisters, who said that Ogden had inappropriately touched her and that she and her sister did not want to remain in Mother's home but wanted to live with Grandparents. Grandparents also filed an ex-parte motion for emergency temporary orders for sole legal decision-making and sole parenting time, which the family court granted.

¶ 11 At the subsequent evidentiary hearing on the temporary orders, Mother denied that any of her daughters had been sexually abused or that either LaJoie or Ogden presented any danger to her daughters' well-being. She also denied that she was part of a "cult," as Grandparents and her oldest son had described in the pleadings. Mother stated that she believed that Grandparents' actions were driven by the fear that LaJoie insisted on marrying her upon her diagnosis to put himself in a position to obtain her considerable assets if she were to die. Mother's close friend testified that she had known all of Mother's children since their births and that they "always had a good relationship with the grandparents." She also stated that Mother had changed after her initial cancer diagnosis in September 2013 and was no longer of sound mind. She recalled times when Mother told her that God would wake her in the middle of the night and "download information to her" and that the government was controlling everything.

¶ 12 Mother's oldest son testified that he and his siblings were doing well at Grandparents' house and that his brothers did not want to return to live with Mother. He stated that he had tried to talk to Mother after her relapse diagnosis, but could not do so without LaJoie present. The son also stated that Mother frequently commented about the "illuminati" and removed all mirrors from the home because they were "portals for demons." In addition, Grandparents offered a summary of an interview each child had with a psychologist, in which each child individually stated that they did not like the new household rules, did not believe Mother was making good decisions, and believed LaJoie was controlling Mother. All the children also stated that they did not want to return to Mother's home as long as LaJoie was there and that they were unhappy and anxious while living there.

¶ 13 After taking the matter under advisement, the family court affirmed its previous ex-parte temporary orders. The court considered several best interests factors outlined in A.R.S. § 25–403(A) and concluded that granting Grandparents legal decision-making authority and parenting time was in the children's best interests. The court ruled, however, that Mother could have supervised parenting time with her children so long as neither LaJoie nor Ogden had contact with them. Mother then petitioned this court for special action review.

DISCUSSION

¶ 14 Mother argues that the family court lacked subject-matter jurisdiction to enter the temporary orders...