What Limitations Can the Court Place on an Abusive Parent’s Parenting Time Under the Alec and Lydia Act?

The Alec and Lydia Act requires the court to treat domestic violence as contrary to a child’s best interests. Once a court finds that a parent committed domestic violence, a court must impose limitations on the abusive parent’s decision making and time. The abusive parent must overcome the presumption by clear and convincing evidence for the court to award them sole or joint legal decision making or unsupervised access to the children. The Act gives the court a specific set of protective restrictions it can choose from to impose limitations on that parent’s parenting time. The court cannot ignore the finding of domestic violence — it must take measures to protect the child and detail its findings in writing.

What if the abusive parent does not overcome the presumption?

The presumption is rebuttable, so the parent who committed domestic violence is allowed to try to overcome it. The burden is on that abusive parent and the standard depends on what that parent is asking for. To be awarded sole or joint legal decision making or unsupervised parenting time, the parent must overcome the presumption by clear and convincing evidence. To be awarded even supervised parenting time, the parent must overcome it by a preponderance of the evidence. This is significant. Many abused parents over the years have had to try and co-parent with their abusers. No more. Not any longer.

A.R.S. § 25-403.03(G)

If the abusive parent does not try to rebut the presumption, or tries and fails, the presumption stands and any legal decision making or parenting time is contrary to the child’s best interests. The court may not award legal decision making or unsupervised parenting time to a parent who has not overcome the presumption by clear and convincing evidence. At most, the court may allow supervised parenting time but only if the parent meets the preponderance standard for supervised time. If the parent cannot meet that, the court can limit or suspend access altogether until the parent petitions to modify under A.R.S. § 25-411. And, in the modification proceeding, the domestic violence will still be a paramount issue, and it is not diluted by time and it is not excluded by time constraints.

So can the court grant a 50-50 schedule if the presumption is not rebutted? No. An equal parenting time schedule is unsupervised parenting time. Because the court may not grant unsupervised parenting time unless the presumption is overcome by clear and convincing evidence, a parent who does not try, or who tries and fails, cannot be awarded equal time. Failing to rebut the presumption does not simply weigh against that parent, it takes legal decision making and unsupervised parenting time off the table.

The presumption also does not fade with time. If the parent fails to overcome it, it continues to apply in any later modification case brought under section 25-411.

A.R.S. § 25-403.03(J)

The restrictions the court can impose

These precautions are set out in the Alec and Lydia Act. The court is mandated to adopt precautions that prioritize the safety and well-being of the child and the victim parent and it may do any of the following:

1. Protected exchanges. Require that the child be exchanged in a protected location or a safe exchange location specified by the court.
2. Limited parenting time. Limit parenting time, including barring overnight parenting time with the child.
3. Supervised parenting time. Require that a professional agency or one or more laypeople supervise parenting time. The court may not appoint the victim of domestic violence as the supervisor. A layperson may be appointed only if the supervised parent affirms that the supervisor will read the court’s order, give reliable contact information to both parents, intervene and call law enforcement, the Department of Child Safety, and the other parent if the child is endangered or the parent becomes abusive, and appear in court to testify about the supervision.
4. Cost of supervision. Require the abusive parent to pay the cost of supervised parenting time.
5. Suspension of access. Suspend access to the child, in any form, until that parent can petition to modify legal decision making or parenting time under A.R.S. § 25-411.
6. Treatment and intervention. Require the parent to attend and complete an assessment or an intervention program for perpetrators of domestic violence and any other counseling.
7. Substance restrictions and testing. If the court finds the parent has also abused a substance, including alcohol, require that parent to abstain from it and submit to random testing.
8. Bond. Require a bond from the abusive parent for the child’s safe return.
9. Confidential address. Require that the address of the child and the abused parent remain confidential.
10. Any other necessary condition. Impose any other condition the court determines is necessary to protect the child, the other parent, and any other family or household member.

A.R.S. § 25-403.03(H)

One thing the court may not do

The Act also protects the abused parent from being forced back into contact with the abuser. The court may not order a victim of domestic violence, whether the child or a parent, to join the abusive parent in any treatment program, counseling program, or forensic assessment, whether in person, by telephone, or virtual.

A.R.S. § 25-403.03(I)

Why this matters for your case

This list gives the court protective restrictions to keep a child safe after a finding of domestic violence. No one has to prove that the child witnessed the domestic violence. The abused parent no longer has to argue to the court that the child is unsafe with the abuser. The abused parent no longer has to prove that the abuser could hurt the child. They range from limited, structured contact all the way to suspending access entirely. Which restrictions apply depends on the facts of the case, the nature of the domestic violence, and what the child’s safety requires.

The court is directed to prioritize the safety and well-being of the child and the abused parent over access by the abuser. Prior to this Act, we had to argue to the court that domestic violence abusers had over a 50-50 chance of abusing children. The Alec and Lydia Act includes all of these arguments and mandates the presumption. It is a game changer for litigating domestic violence cases.

The Act is new. It took effect on June 22, 2026, the day it was signed into law by Gov. Katie Hobbs. What this means for your family depends on your facts, your history, where your case stands and what has taken place since your last court order.

Tali Best Collins handles every new client consultation personally. You do not need to have it all figured out before you call. You just need your story. That is where we start.