Representative Fink: The Alec and Lydia Act Applies to All Active Cases, Not Only New Filings

STATE CAPITOL, PHOENIX – State Representative Lisa Fink today clarified that the protections of the Alec and Lydia Act apply in active legal decision-making and parenting-time cases, regardless of when the case was originally filed.

Representative Fink sponsored House Bill 2995 after hearing from families whose safety concerns and evidence of domestic violence were not being given sufficient weight in family court. The legislation passed with strong bipartisan support, was signed by the Governor and took effect immediately on June 22 through an emergency clause.

The law makes the safety and well-being of children and victims of domestic violence the highest priority in legal decision-making and parenting-time matters. It also specifically applies to temporary orders and requests to modify existing orders.

“I have heard from Arizonans who were told that the Alec and Lydia Act applies only to cases filed after it became law,” said Representative Fink. “That is not how the law was written, and it is not what the Legislature intended. The emergency clause was included so the law would take effect immediately and apply to every active case before the court. Families do not lose these protections simply because their case began before June 22.”

The Alec and Lydia Act requires courts to resolve domestic violence allegations through detailed written findings. It establishes a rebuttable presumption against awarding legal decision-making authority or parenting time to a parent who committed domestic violence and prohibits courts from requiring a victim to prove that the abuse was sufficiently severe or frequent before protective restrictions may be imposed.

“This law is not only about preventing the worst possible outcome, including the death of a child,” Representative Fink said. “Children can be profoundly harmed by coercive control, emotional abuse, intimidation and post-separation abuse, even when no physical assault occurs. The Alec and Lydia Act is intended to protect their physical, mental and emotional well-being before that harm becomes irreversible.”

The act does not itself change a final order or reopen a closed case. It applies when legal decision-making or parenting time is currently before the court, including in temporary-order proceedings and requests to modify existing orders.

“The safety and well-being of children and victims of domestic violence must come first,” Representative Fink said. “That is the purpose of the Alec and Lydia Act, and its protections are in effect now.”

Arizonans with questions about how the law applies to their individual circumstances should consult a qualified Arizona family-law attorney.

Lisa Fink is a Republican member of the Arizona House of Representatives serving Legislative District 27, which includes areas of Glendale, Peoria, and Phoenix. Follow her on X at @LisaFink4AZ.