Christopher K. v. Markaa S.

OPINION

SWANN, Judge.

¶ 1 This is an appeal1 from the denial of a petition for modification of custody2 and relocation. We hold that when physical discipline of a child is at issue in a custody proceeding, the court must determine expressly whether the discipline rises to the level of domestic violence. And when domestic violence is found, A.R.S. § 25-403.03 requires that the court accord the issue “primary importance” and treat the evidence as contrary to the best interests of the child. We further hold that the family court may not rely exclusively on the testimony and report of a custody…