In talking about custody, it does happen that there are real emergencies, excusing one party from following a court order. But judges are very particular about having their orders defied, despite what anyone thinks are the best of reasons and good intentions. So while we’re going to concentrate first on the process you used, we are also going to talk over the possible reasons you have for not following a custody order, and the possible risks you run for not following the order. I’m assuming you used the right form for an emergency custody change, but to be safe, here’s a sample of the correct form: http://pinalcounty az.gov/Departments/JudicialBranch/ClerkoftheSuperiorCourt/ Documents/Downloads/FamilyLaw/Petition%20for%20Emergency%20Custody.pdf .
 
Ultimately, the advantage your husband may have is having legal and physical custody. There’s a basic reality that he does have a certain amount of trust to make the major decisions regarding his son’s well-being. The decision, however, about facing an unknown emergency is that the judge will have the same reaction as I’m having…the Custody order really is an “order, not a request” to send the child on holiday visitation. To change that order you need a new order and not just a reason. If you decide not to send the boy, you will be required to show you acted to safeguard the boy’s interests of safety and well-being. Arguing, for example, that you simply could not afford to send the child will not be enough.
 

• “Mailing” In Motions

 
Depending on what Arizona county you live in, the system will act differently with what you submit. My first worry is that you when you say you “mailed” in a motion, this may fall way short of what needed to happen to actually file a motion. This may be part or all of why the motion was not recorded “in the system.” The motion may have been defective or lost in the mail. It’s also possible there is simply a time lag in updating the custody file. And depending on the size of your county and how long ago the order was made, it’s possible they might not even be able to find your file. If you need affordable legal help, try asking here: http://www.clsaz.org/site/.
 

• Grounds For Emergency

 
Arizona courts obviously accept emergency petitions…but also have rules if the emergency petition is misused. http://www.superiorcourt.maricopa.gov/ SuperiorCourt/Self-ServiceCenter/ Forms/FamilyCourt/fc_drmce1.asp.You mentioned having a “variety” of reasons. Arizona courts emphasize the child’s “emergency” and not the parent. I’m sure, in the process of being awarded custody, the phrase “best interest of the child” was used….and this is still true, since the original court keeps what’s called “continuing jurisdiction.”
 
Here is what should have gone into your emergency petition:
 

• You have reason to believe someone is about to cause serious, immediate bodily harm to the child, or the health, safety, and welfare of the boy would be in serious and immediate jeopardy if eh went on the visitation, AND,


• Very specific facts about:
  
  
  
  • what the emergency is,
  
  
  • why the judge should hear your case before everyone else who has been waiting to see a judge,
    
    
    
    • why the situation is so serious that the Court should change the existing Custody Order.

• The Risks You Run

 
One large risk is that (depending on the age of the child) the child himself ends up becoming caught up in resolving the matter. In other words, if he is suggesting he doesn’t want to go, and he’s under 12, then you may be seen to have been interfering with the relationship the court wants him to have with his biological mother. Kids do change their minds, and their sense of loyalties are very tender and unpredictable (especially when the kids feel stressed to choose) and this could actually end up harming your husband’s future custody.
 
There is also the immediate legal risks of defying a court order…first the chance that you will have to pay all court costs associated with changing the order. If the judge decides that you were in the wrong, the mother has a good claim to make your husband pay her costs too. The court may even lay down further sanctions in the way of a contempt order is it appears the reasons were completely unreasonable. Here’s a case, where this contempt order caused a $1,500 fine… http://azcourts.gov/Portals/ 89/opinionfiles/FC/1CA-SA07-0268.pdf.