Cited by

¶41 As we discuss above, the trial court has broad discretion to determine what fees are reasonable under both § 25-324, and § 12-341.01, see Flood Control Dist.

See O’Hair v. O’Hair, –40 (1973) (a gift requires donative intent by donor, and delivery to and acceptance by the donee); (less evidence is required to show a gift between a parent and child).

(“To constitute an inter vivos gift, there must be donative intent, delivery, and the vesting of irrevocable title upon such delivery.”).

which references a general rule that a gift requires “donative intent, delivery, and the vesting of irrevocable title upon such delivery.” But the final provision of § 33-601, which codifies the common law rule that a gift is valid if “actual possession of the gift is passed to and remains with the donee

to admissible evidence on summary judgment that would satisfy her burden of proof.” Nevertheless, it is also true that “[p]arties are bound by their pleadings and evidence may not be introduced to contradict or disprove what has been admitted or asserted as fact in their pleadings, and a party may not introduce evidence in contradiction of express allegations of [her] complaint.” see also Bank of Am.

¶ 16 (App. 2009); (the superior court has broad discretion to determine parenting time because it is in the best position to determine the parenting measures that are in a child’s best interests).

(the superior court is in the best position to determine the parenting measures that are in a child’s best interests and therefore has broad discretion to determine parenting 4 DAVIS v. LANSDON Decision of the

(explaining all property acquired in name of either spouse after marriage is presumptively community property, and such presumption may be overcome only by showing of clear and convincing evidence).

¶10 Mother cannot claim arrearages beyond the amount specifically pled.

(appellate court reviews family court’s decision regarding parenting time for abuse of discretion and will affirm “[u]nless it clearly appears that the trial judge has mistaken or ignored the evidence”) (citation omitted).

(party who admitted certain property was community property was precluded “[b]y the pleadings alone” from later objecting to that characterization of the property); (defendants who did not wish to be bound by answer should have requested leave to amend and, by

¶ 7, (custody); (parenting time).

We will uphold the family court’s ruling “[u]nless it clearly appears that the trial judge has mistaken or ignored the evidence.”

service of a complaint or similar pleading,”4 and Silver Point admitted in its complaint that the entire Silver Point Action was “a ‘Claim’ as defined in the National Union [Primary] Policy.” (“Parties are bound by their pleadings and evidence may not be introduced to contradict or disprove what has been admitted or asserted as fact in their pleadings .

(appellate court reviews family court’s decision regarding parenting time for abuse of discretion and will affirm “[u]nless it clearly appears that the trial judge has mistaken or ignored the evidence”); ¶ 11

5 DELANCY v. WRIGHT Decision of the Court 418, ¶ 7

(ruling husband was precluded from challenging characterization of real property because he admitted in his answer that it was community property).

The superior court has broad discretion over such a decision because the “judge is in the most favorable position to determine what is best for the children,” and this court reviews such a decision for an abuse of discretion, ¶3, Armer, 105 Ariz. at 289, 463 P.2d at 823.

(rejecting family court’s findings of fact relating to its characterization of property and the parties’ interests).

¶ 7, (custody); (parenting time).