The End of the Road for “Final Say” in Family Law Matters

In Arizona, legal decision-making is a parent’s legal right and responsibility to make nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. The court has the discretion to award joint legal decision-making to both parents, grant one parent with legal decision-making, or a mix thereof. In some cases, the court would grant joint legal-decision making but give one parent “final say” if the parents failed to reach an agreement.

As one might imagine, if one parent is given “final say” over legal decisions, the court has effectively given that parent sole legal-decision making. On March 1, 2018, the Court of Appeals of Arizona finally recognized this affect when the court awards one parent with “final say”. The court held, “An award of joint legal-decision making that gives final authority to one parent is, in reality, an award of sole legal decision-making”.  Nicaise v. Sundaram, No. 1 CA-CV 17-0069 FC, 2018 Ariz. App. LEXIS 30, at *10 (Ct. App. Mar. 1, 2018)

The Nicaise decision not only has an impact on how future court orders will be drafted, it effects past cases as well. For instance, if any party seeks to enforce an order that includes a “final say” order, the court will now treat it as if it was an award of sole legal-decision making.

If you have any questions regarding legal decision-making or anything family law related, contact our office for a free consultation.