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Guardian

LUCIANA CARDOSO MARTINEZ


Utah Office of
Guardian ad Litem and CASA

Guardian ad Litem Manual

Ad
DISTRICT COURT

Litem
F. Richards Smith III, Director
Office of Guardian ad Litem & CASA
P.O. Box 140241
Salt Lake City, Utah 84114-0241
(801) 578-3848
richardss@email.utcourts.gov

Issue Date: July 1, 2010. DO NOT USE PREVIOUS VERSIONS.


TABLE OF CONTENTS

 STATUTES: APPOINTMENT & WITHDRAWAL OF GAL

 STATUTES & RULES

 CASE LAW

 BEST PRACTICE GUIDELINES

 PARENT-TIME & HOLIDAY SUMMARY

 LINKS & RESOURCES

 INDEX
STATUTES: Appointment and Withdrawal of GAL

APPOINTMENT WITHDRAWAL

78A-2-227 General: abuse or neglect 78A-6-902(5) Serve until released by court

78A-2-228 Private GAL 78A-2-228(3) PGAL serve until released by court

78B-7-106(2) Cohabitant abuse

78B-15-612 Parentage
78A-2-227 Appointment of attorney guardian ad litem In child abuse and neglect proceedings.

(1) Except as provided in Subsection (2), a court may appoint an attorney guardian ad litem in accordance with Title 78A, Chapter 6,
Part 9, Guardian Ad Litem, if:
(a) child abuse, child sexual abuse, or neglect is alleged in any proceeding; or
(b) the court considers it appropriate in any proceedings involving alleged abuse, child sexual abuse, or neglect.

(2) (a) A court may not appoint an attorney guardian ad litem in a criminal case.
(b) Subsection (2)(a) does not prohibit the appointment of an attorney guardian ad litem in a case where a court is determining whether
to adjudicate a minor for committing an act that would be a crime if committed by an adult.
(c) Subsection (2)(a) does not prohibit an attorney guardian ad litem from entering an appearance, filing motions, or taking other action
in a criminal case on behalf of a minor, if:
(i) the attorney guardian ad litem is appointed to represent the minor in a case that is not a criminal case; and
(ii) the interests of the minor may be impacted by:
(A) an order that has been, or may be, issued in the criminal case; or
(B) other proceedings that have occurred, or may occur, in the criminal case.

(3) If a court appoints an attorney guardian ad litem in a divorce or child custody case, the court shall:
(a) specify in the order appointing the attorney guardian ad litem the specific issues in the proceeding that the attorney guardian ad
litem is required to be involved in resolving, which may include issues relating to the custody of children and parent-time schedules;
(b) to the extent possible, bifurcate the issues specified in the order described in Subsection (3)(a) from the other issues in the case, in
order to minimize the time constraints placed upon the attorney guardian ad litem in the case; and
(c) except as provided in Subsection (5), within one year after the day on which the attorney guardian ad litem is appointed in the case,
issue a final order:
(i) resolving the issues described in the order described in Subsection (3)(a); and
(ii) terminating the appointment of the attorney guardian ad litem in the case.

(4) The court shall issue an order terminating the appointment of an attorney guardian ad litem made under this section, if:
(a) the court determines that the allegations of abuse or neglect are unfounded;
(b) after receiving input from the attorney guardian ad litem, the court determines that the children are no longer at risk of
abuse or neglect; or
(c) there has been no activity in the case for which the attorney guardian ad litem is appointed for a period of six consecutive months.

(5) A court may issue a written order extending the one-year period described in Subsection (3)(c) for a time-certain, if the court makes
a written finding that there is a compelling reason that the court cannot comply with the requirements described in Subsection (3)(c)
within the one-year period.

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(6) When appointing an attorney guardian ad litem for a minor under this section, a court may appoint the same attorney guardian ad
litem who represents the minor in another proceeding, or who has represented the minor in a previous proceeding, if that attorney
guardian ad litem is available.

(7) The court is responsible for all costs resulting from the appointment of an attorney guardian ad litem and shall use funds
appropriated by the Legislature for the guardian ad litem program to cover those costs.

(8) (a) If the court appoints the Office of the Guardian Ad Litem in a civil case pursuant to this section, the court may assess all or part
of those attorney fees, court costs, paralegal, staff, and volunteer expenses against the minor's parent, parents, or legal guardian in an
amount that the court determines to be just and appropriate.
(b) The court may not assess those fees or costs against a legal guardian, when that guardian is the state, or against a parent, parents,
or legal guardian who is found to be impecunious. If a person claims to be impecunious, the court shall require of that person an
affidavit of impecuniosity as provided in Section 78A-2-302 and the court shall follow the procedures and make the determinations as
provided in Section 78A-2-302.

(9) An attorney guardian ad litem appointed in accordance with the requirements of this section and Title 78A, Chapter 6, Part 9,
Guardian Ad Litem is, when serving in the scope of duties of an attorney guardian ad litem, considered an employee of this state for
purposes of indemnification under the Governmental Immunity Act.
78A-2-228 Private attorney guardian ad litem – Appointment – Costs and fees – Duties – Conflicts of interest – Pro
bono obligation – Indemnification – Minimum qualifications.

(1)(a) The court may appoint a private attorney as guardian ad litem to represent the best interests of the minor in any district court
action in which the custody of or visitation with a minor is at issue. The attorney guardian ad litem shall be certified by the Director of the
Office of Guardian Ad Litem as having met the minimum qualifications for appointment, but may not be employed by or under contract
with the Office of Guardian Ad Litem.
(b) When appointing an attorney guardian ad litem for a minor under this section, a court may appoint the same attorney guardian ad
litem who represents the minor in another proceeding, or who has represented the minor in a previous proceeding, if that attorney
guardian ad litem is available.
(c) If, after appointment of the attorney guardian ad litem, an allegation of abuse, neglect, or dependency of the minor is made the court
shall:
(i) determine whether it is in the best interests of the minor to continue the appointment; or
(ii) order the withdrawal of the private attorney guardian ad litem and appoint the Office of Guardian Ad Litem.

(2) (a) The court shall assess all or part of the attorney guardian ad litem fees, courts costs, and paralegal, staff, and volunteer
expenses against the parties in a proportion the court determines to be just.
(b) If the court finds a party to be impecunious, under the provisions of Section 78A-2-302, the court may direct the impecunious party's
share of the assessment to be covered by the attorney guardian ad litem pro bono obligation established in Subsection (6)(b).

(3) The attorney guardian ad litem appointed under the provisions of this section shall:
(a) represent the best interests of the minor from the date of the appointment until released by the court;
(b) conduct or supervise an ongoing, independent investigation in order to obtain, first-hand, a clear understanding of the situation and
needs of the minor;
(c) interview witnesses and review relevant records pertaining to the minor and the minor's family, including medical, psychological, and
school records;
(d) (i) personally meet with the minor, unless:
(A) the minor is outside of the state; or
(B) meeting with the minor would be detrimental to the minor;
(ii) personally interview the minor, unless:
(A) the minor is not old enough to communicate;
(B) the minor lacks the capacity to participate in a meaningful interview; or
(C) the interview would be detrimental to the minor;
(iii) to the extent possible, determine the minor's goals and concerns regarding custody or visitation; and

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(iv) to the extent possible, and unless it would be detrimental to the minor, keep the minor advised of:
(A) the status of the minor's case;
(B) all court and administrative proceedings;
(C) discussions with, and proposals made by, other parties;
(D) court action; and
(E) the psychiatric, medical, or other treatment or diagnostic services that are to be provided to the minor;
(e) unless excused by the court, prepare for and attend all mediation hearings and all court conferences and hearings, and present
witnesses and exhibits as necessary to protect the best interests of the minor;
(f) identify community resources to protect the best interests of the minor and advocate for those resources; and
(g) participate in all appeals unless excused by the court.

(4)(a) The attorney guardian ad litem shall represent the best interests of a minor. If the minor's wishes differ from the attorney's
determination of the minor's best interests, the attorney guardian ad litem shall communicate to the court the minor's wishes and the
attorney's determination of the minor's best interests. A difference between the minor's wishes and the attorney's determination of best
interests is not sufficient to create a conflict of interest.
(b) The court may appoint one attorney guardian ad litem to represent the best interests of more than one minor child of a marriage.

(5) An attorney guardian ad litem appointed under this section is immune from any civil liability that might result by reason of acts
performed within the scope of duties of the attorney guardian ad litem.

(6) (a) Upon the advice of the Director of the Office of Guardian Ad Litem and the Guardian Ad Litem Oversight Committee, the Judicial
Council shall by rule establish the minimum qualifications and requirements for appointment by the court as an attorney guardian ad
litem.
(b) An attorney guardian ad litem may be required to appear pro bono in one case for every five cases in which the attorney is
appointed with compensation.
78B-7-106 Protective orders -- Ex parte protective orders -- Modification of orders -- Service of process –
Duties of the court.

(1) If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic violence or abuse
has occurred or a modification of an order for protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an order for protection ex parte as it considers
necessary to protect the petitioner and all parties named to be protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whether or not the respondent appears.

(2) A court may grant the following relief without notice in an order for protection or a modification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence or abuse against the petitioner and any
designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises, and order the respondent to stay away from
the residence, school, or place of employment of the petitioner, and the premises of any of these, or any specified place frequented by
the petitioner and any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the petitioner, prohibit the
respondent from purchasing, using, or possessing a firearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, and direct the appropriate law enforcement officer
to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the
residence, automobile, and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) grant to the petitioner temporary custody of any minor children of the parties;
(g) order the appointment of the office of the Guardian Ad Litem to represent the interests of any minor children of the parties, if abuse
or neglect of the minor children is alleged, or appoint a private guardian ad litem, if appropriate, pursuant to Section 78A-2-228;
(h) order any further relief that the court considers necessary to provide for the safety and welfare of the petitioner and any designated
family or household member; and
(i) if the petition requests child support or spousal support, at the hearing on the petition order both parties to provide verification of
current income, including year-to-date pay stubs or employer statements of year-to-date or other period of earnings, as specified by the
court, and complete copies of tax returns from at least the most recent year.

(3) A court may grant the following relief in an order for protection or a modification of an order after notice and hearing, whether or not
the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent and require supervision of that parent-time by a third
party or deny parent-time if necessary to protect the safety of the petitioner or child.

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(4) Following the protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by the petitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued, a copy of the order for protection to the local law
enforcement agency or agencies designated by the petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described in Section 78B-7-113.

(5) (a) Each protective order shall include two separate portions, one for provisions, the violation of which are criminal offenses, and
one for provisions, the violation of which are civil violations, as follows:
(i) criminal offenses are those under Subsections (2)(a) through (e), and under Subsection (3)(a) as it refers to Subsections (2)(a)
through (e); and
(ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a) as it refers to Subsections (2)(f), (h), and (i).
(b) The criminal provision portion shall include a statement that violation of any criminal provision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to comply with a civil provision is subject to contempt
proceedings.

(6) The protective order shall include:


(a) a designation of a specific date, determined by the court, when the civil portion of the protective order either expires or is scheduled
for review by the court, which date may not exceed 150 days after the date the order is issued, unless the court indicates on the record
the reason for setting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of the respondent, such as Social Security number, driver
license number, date of birth, address, telephone number, and physical description; and
(c) a statement advising the petitioner that:
(i) after two years from the date of issuance of the protective order, a hearing may be held to dismiss the criminal portion of the
protective order;
(ii) the petitioner should, within the 30 days prior to the end of the two-year period, advise the court of the petitioner's current address
for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.

(7) Child support and spouse support orders issued as part of a protective order are subject to mandatory income withholding under
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D
Cases, except when the protective order is issued ex parte.

(8) (a) The county sheriff that receives the order from the court, pursuant to Subsection (5)(a), shall provide expedited service for orders
for protection issued in accordance with this chapter, and shall transmit verification of service of process, when the order has been
served, to the statewide domestic violence network described in Section 78B-7-113.

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(b) This section does not prohibit any law enforcement agency from providing service of process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is possible; or
(ii) determines that under the circumstances, providing service of process on the respondent is in the best interests of the petitioner.

(9) (a) When an order is served on a respondent in a jail or other holding facility, the law enforcement agency managing the facility shall
make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide notification, including mailing a copy of the
notification to the last-known address of the victim.

(10) A court may modify or vacate an order of protection or any provisions in the order after notice and hearing, except that the criminal
provisions of a protective order may not be vacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules of Civil Procedure, and the petitioner
personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order.

(11) A protective order may be modified without a showing of substantial and material change in circumstances.

(12) Insofar as the provisions of this chapter are more specific than the Utah Rules of Civil Procedure, regarding protective orders, the
provisions of this chapter govern.

78B-15-612 Child as party -- Representation.

(1) A minor child is a permissible party, but is not a necessary party to a proceeding under this part.

(2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the tribunal finds
that the interests of the child are not adequately represented.
78A-6-902 Appiontment of attorney guardian ad litem -- Duties and responsibilities – Training – Trained staff and
court-appointed special advocate volunteers – Costs – Immunity – Annual report.

(1) (a) The court:


(i) may appoint an attorney guardian ad litem to represent the best interest of a minor involved in any case before the court; and
(ii) shall consider the best interest of a minor, consistent with the provisions of Section 62A-4a-201, in determining whether to appoint a
guardian ad litem.
(b) In all cases where an attorney guardian ad litem is appointed, the court shall make a finding that establishes the necessity of the
appointment.

(2) An attorney guardian ad litem shall represent the best interest of each child who may become the subject of a petition alleging
abuse, neglect, or dependency, from the earlier of the day that:
(a) the child is removed from the child's home by the division; or
(b) the petition is filed.

(3) The director shall ensure that each attorney guardian ad litem employed by the office:
(a) represents the best interest of each client of the office in all proceedings, including court proceedings;
(b) prior to representing any minor before the court, be trained in:
(i) applicable statutory, regulatory, and case law; and
(ii) nationally recognized standards for an attorney guardian ad litem;
(c) conducts or supervises an ongoing, independent investigation in order to obtain, first-hand, a clear understanding of the situation
and needs of the minor;
(d) (i) personally meets with the minor, unless:
(A) the minor is outside of the state; or
(B) meeting with the minor would be detrimental to the minor;
(ii) personally interviews the minor, unless:
(A) the minor is not old enough to communicate;
(B) the minor lacks the capacity to participate in a meaningful interview; or
(C) the interview would be detrimental to the minor; and
(iii) if the minor is placed in an out-of-home placement, or is being considered for placement in an out-of-home placement, unless it
would be detrimental to the minor:
(A) to the extent possible, determines the minor's goals and concerns regarding placement; and
(B) personally assesses or supervises an assessment of the appropriateness and safety of the minor's environment in each placement;
(e) personally attends all review hearings pertaining to the minor's case;
(f) participates in all appeals, unless excused by order of the court;

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(g) is familiar with local experts who can provide consultation and testimony regarding the reasonableness and appropriateness of
efforts made by the Division of Child and Family Services to:
(i) maintain a minor in the minor's home; or
(ii) reunify a child with the child's parent;
(h) to the extent possible, and unless it would be detrimental to the minor, personally or through a trained volunteer, paralegal, or other
trained staff, keeps the minor advised of:
(i) the status of the minor's case;
(ii) all court and administrative proceedings;
(iii) discussions with, and proposals made by, other parties;
(iv) court action; and
(v) the psychiatric, medical, or other treatment or diagnostic services that are to be provided to the minor; and
(i) in cases where a child and family plan is required, personally or through a trained volunteer, paralegal, or other trained staff,
monitors implementation of a minor's child and family plan and any dispositional orders to:
(i) determine whether services ordered by the court:
(A) are actually provided; and
(B) are provided in a timely manner; and
(ii) attempt to assess whether services ordered by the court are accomplishing the intended goal of the services.

(4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use trained volunteers, in accordance with Title 67,
Chapter 20, Volunteer Government Workers Act, trained paralegals, and other trained staff to assist in investigation and preparation of
information regarding the cases of individual minors before the court.
(b) All volunteers, paralegals, and staff utilized pursuant to this section shall be trained in and follow, at a minimum, the guidelines
established by the United States Department of Justice Court Appointed Special Advocate Association.

(5) The attorney guardian ad litem shall continue to represent the best interest of the minor until released from that duty by the court.

(6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
(i) all costs resulting from the appointment of an attorney guardian ad litem; and
(ii) the costs of volunteer, paralegal, and other staff appointment and training.
(b) The court shall use funds appropriated by the Legislature for the guardian ad litem program to cover the costs described in
Subsection (6)(a).
(c) (i) When the court appoints an attorney guardian ad litem under this section, the court may assess all or part of the attorney fees,
court costs, and paralegal, staff, and volunteer expenses against the child's parents, parent, or legal guardian in a proportion that the
court determines to be just and appropriate.

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(ii) The court may not assess those fees or costs against:
(A) a legal guardian, when that guardian is the state; or
(B) consistent with Subsection (6)(d), a parent who is found to be impecunious.
(d) For purposes of Subsection (6)(c)(ii)(B), if a person claims to be impecunious, the court shall:
(i) require that person to submit an affidavit of impecuniosity as provided in Section 78A-2-302; and
(ii) follow the procedures and make the determinations as provided in Section 78A-2-304.

(7) An attorney guardian ad litem appointed under this section, when serving in the scope of the attorney guardian ad litem's duties as
guardian ad litem is considered an employee of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
Immunity Act of Utah.

(8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
(b) If the minor's wishes differ from the attorney's determination of the minor's best interest, the attorney guardian ad litem shall
communicate the minor's wishes to the court in addition to presenting the attorney's determination of the minor's best interest.
(c) A difference between the minor's wishes and the attorney's determination of best interest may not be considered a conflict of interest
for the attorney.
(d) The court may appoint one attorney guardian ad litem to represent the best interests of more than one child of a marriage.

(9) An attorney guardian ad litem shall be provided access to all Division of Child and Family Services records regarding the minor at
issue and the minor's family.

(10) An attorney guardian ad litem shall maintain current and accurate records regarding:
(a) the number of times the attorney has had contact with each minor; and
(b) the actions the attorney has taken in representation of the minor's best interest.

(11) (a) Except as provided in Subsection (11)(b), all records of an attorney guardian ad litem are confidential and may not be released
or made public upon subpoena, search warrant, discovery proceedings, or otherwise. This subsection supersedes Title 63G, Chapter 2,
Government Records Access and Management Act.
(b) Consistent with Subsection (11)(d), all records of an attorney guardian ad litem:
(i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers; and
(ii) shall be released to the Legislature.
(c) (i) Except as provided in Subsection (11)(c)(ii), records released in accordance with Subsection (11)(b) shall be maintained as
confidential by the Legislature.
(ii) Notwithstanding Subsection (11)(c)(i), the Office of the Legislative Auditor General may include summary data and nonidentifying
information in its audits and reports to the Legislature.

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(d) (i) Subsection (11)(b) constitutes an exception to Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because
of:
(A) the unique role of an attorney guardian ad litem described in Subsection (8); and
(B) the state's role and responsibility:
(I) to provide a guardian ad litem program; and
(II) as parens patriae, to protect minors.
(ii) A claim of attorney-client privilege does not bar access to the records of an attorney guardian ad litem by the Legislature, through
legislative subpoena.
STATUTES and RULES

30-3-1 to 39 Divorce URCP 26 Discovery generally


30-3-10(1)c, d, e Child testimony; judge interview URCP 100 Cases in district & juvenile courts
30-3-32 to 39 Parent time generally URCP 101 Court commissioner practice
30-3-35, 35.5 Minimum parent time schedules
UCJA 4-509 Parent coordinators
78A-2-228 Private GAL program UCJA 4-903 Uniform custody evaluations
78A-2-228(2) Fees & costs UCJA 4-906(6) GAL conflicts; disqualification
UCJA 4-906(8) Private GAL
78A-6-104(4) Juvenile court jurisdiction:
custody/support URE 201 Judicial notice
URE 504 Attorney-client privilege
78A-6-901 GAL Office and Director URE 506 Physical/mental health privilege
78A-6-902 GAL duties, etc. URE 701 to 706 Opinions and experts
78A-6-902(6) Fees & costs URE 801 to 807 Hearsay

78B-7-101 to 116 Cohabitant abuse act

78B-15-301 to 313 Voluntary declaration of paternity


78B-15-601 to 623 Adjudication of paternity
30-3-1 Procedure – Residence – Grounds.

(1) Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this
chapter.

(2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in
Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county
where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the
petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action.

(3) Grounds for divorce:


(a) impotency of the respondent at the time of marriage;
(b) adultery committed by the respondent subsequent to marriage;
(c) willful desertion of the petitioner by the respondent for more than one year;
(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;
(e) habitual drunkenness of the respondent;
(f) conviction of the respondent for a felony;
(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
(h) irreconcilable differences of the marriage;
(i) incurable insanity; or
(j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years
without cohabitation.

(4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of either party under any provision for separate
maintenance previously granted.

(5) (a) A divorce may not be granted on the grounds of insanity unless:
(i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the
action; and
(ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.

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(b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. A copy of the
summons and complaint shall be served on the respondent in person or by publication, as provided by the laws of this state in other
actions for divorce, or upon his guardian ad litem, and upon the county attorney for the county where the action is prosecuted.
(c) The county attorney shall investigate the merits of the case and if the respondent resides out of this state, take depositions as
necessary, attend the proceedings, and make a defense as is just to protect the rights of the respondent and the interests of the state.
(d) In all actions the court and judge have jurisdiction over the payment of alimony, the distribution of property, and the custody and
maintenance of minor children, as the courts and judges possess in other actions for divorce.
(e) The petitioner or respondent may, if the respondent resides in this state, upon notice, have the respondent brought into the court at
trial, or have an examination of the respondent by two or more competent physicians, to determine the mental condition of the
respondent. For this purpose either party may have leave from the court to enter any asylum or institution where the respondent may be
confined. The costs of court in this action shall be apportioned by the court.

30-3-2 Right of husband to divorce.

The husband may in all cases obtain a divorce from his wife for the same causes and in the same manner as the wife may obtain a
divorce from her husband.

30-3-3 Award of costs, attorney and witness fees -- Temporary alimony.

(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate Maintenance, or Title 78B, Chapter 7, Part 1, Cohabitant
Abuse Act, and in any action to establish an order of custody, parent-time, child support, alimony, or division of property in a domestic
case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to
enable the other party to prosecute or defend the action. The order may include provision for costs of the action.

(2) In any action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court
may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court, in its
discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the
reason for not awarding fees.

(3) In any action listed in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the
separate support and maintenance of the other party and of any children in the custody of the other party.

(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in
the final order or judgment.
30-3-4 Pleadings – Decree – Use of affidavit – Private records.

(1) (a) The complaint shall be in writing and signed by the petitioner or petitioner's attorney.
(b) A decree of divorce may not be granted upon default or otherwise except upon legal evidence taken in the cause. If the decree is to
be entered upon the default of the respondent, evidence to support the decree may be submitted upon the affidavit of the petitioner with
the approval of the court.
(c) If the petitioner and the respondent have a child or children, a decree of divorce may not be granted until both parties have attended
the mandatory course described in Section 30-3-11.3, and have presented a certificate of course completion to the court. The court
may waive this requirement, on its own motion or on the motion of one of the parties, if it determines course attendance and completion
are not necessary, appropriate, feasible, or in the best interest of the parties.
(d) All hearings and trials for divorce shall be held before the court or the court commissioner as provided by Section 78A-5-107 and
rules of the Judicial Council. The court or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case
of a decree after default of the respondent, upon the petitioner's affidavit.

(2) (a) A party to an action brought under this title or to an action under Title 78B, Chapter 12, Utah Child Support Act, Title 78B,
Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Uniform Interstate Family Support
Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or enforce a judgment in the action may file a motion
to have the file other than the final judgment, order, or decree classified as private.
(b) If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access,
the court may classify the file, or any part thereof other than the final order, judgment, or decree, as private. An order classifying part of
the file as private does not apply to subsequent filings.
(c) The record is private until the judge determines it is possible to release the record without prejudice to the interests that justified the
closure. Any interested person may petition the court to permit access to a record classified as private under this section. The petition
shall be served on the parties to the closure order.
30-3-4.5 Motion for temporary separation order.

(1) A petitioner may file an action for a temporary separation order without filing a petition for divorce by filing a petition for temporary
separation and motion for temporary orders if:
(a) the petitioner is lawfully married to the respondent; and
(b) both parties are residents of the state for at least 90 days prior to the date of filing.

(2) The temporary orders are valid for one year from the date of the hearing, or until one of the following occurs:
(a) a petition for divorce is filed and consolidated with the petition for temporary separation; or
(b) the case is dismissed.

(3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary
separation shall continue in the consolidated case.

(4) Both parties shall attend the divorce orientation course described in Section 30-3-11.4 within 60 days of the filing of the petition, for
petitioner, and within 45 days of being served, for respondent.

(5) Service shall be made upon respondent, together with a 20-day summons, in accordance with the rules of civil procedure.

(6) The fee for filing the petition for temporary separation orders is $ 35. If either party files a petition for divorce within one year from
the date of filing the petition for temporary separation, the separation filing fee shall be credited towards the filing fee for the divorce.
30-3-5 Disposition of property – Maintenance and health care of parties and children – Division of debts –
Court to have continuing jurisdiction – Custody and parent-time – Determination of alimony –
Nonmeritorious petition for modification.

(1) When a decree of divorce is rendered, the court may include in it equitable orders relating to the children, property, debts or
obligations, and parties. The court shall include the following in every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary medical and dental expenses of the dependent
children including responsibility for health insurance out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
(b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the purchase and maintenance of appropriate health,
hospital, and dental care insurance for the dependent children; and
(ii) a designation of which health, hospital, or dental insurance plan is primary and which health, hospital, or dental insurance plan is
secondary in accordance with the provisions of Section 30-3-5.4 which will take effect if at any time a dependent child is covered by
both parents’ health, hospital, or dental insurance plans;
(c) pursuant to Section 15-4-6.5:
(i) an order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or
incurred during marriage;
(ii) an order requiring the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or
liabilities and regarding the parties' separate, current addresses; and
(iii) provisions for the enforcement of these orders; and
(d) provisions for income withholding in accordance with Title 62A, Chapter 11, Recovery Services.

(2) The court may include, in an order determining child support, an order assigning financial responsibility for all or a portion of child
care expenses incurred on behalf of the dependent children, necessitated by the employment or training of the custodial parent. If the
court determines that the circumstances are appropriate and that the dependent children would be adequately cared for, it may include
an order allowing the noncustodial parent to provide child care for the dependent children, necessitated by the employment or training
of the custodial parent.

(3) The court has continuing jurisdiction to make subsequent changes or new orders for the custody of the children and their support,
maintenance, health, and dental care, and for distribution of the property and obligations for debts as is reasonable and necessary.

(4) Child support, custody, visitation, and other matters related to children born to the mother and father after entry of the decree of
divorce may be added to the decree by modification.

(5) (a) In determining parent-time rights of parents and visitation rights of grandparents and other members of the immediate family, the
court shall consider the best interest of the child.

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(b) Upon a specific finding by the court of the need for peace officer enforcement, the court may include in an order establishing a
parent-time or visitation schedule a provision, among other things, authorizing any peace officer to enforce a court-ordered parent-time
or visitation schedule entered under this chapter.

(6) If a petition for modification of child custody or parent-time provisions of a court order is made and denied, the court shall order the
petitioner to pay the reasonable attorneys' fees expended by the prevailing party in that action, if the court determines that the petition
was without merit and not asserted or defended against in good faith.

(7) If a petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of
the immediate family where a visitation or parent-time right has been previously granted by the court, the court may award to the
prevailing party costs, including actual attorney fees and court costs incurred by the prevailing party because of the other party's failure
to provide or exercise court-ordered visitation or parent-time.

(8) (a) The court shall consider at least the following factors in determining alimony:
(i) the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income;
(iii) the ability of the payor spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has custody of minor children requiring support;
(vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the
payor spouse or allowing the payor spouse to attend school during the marriage.
(b) The court may consider the fault of the parties in determining alimony.
(c) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in
accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its
discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have
been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage.
(d) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living.
(e) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the
collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If
one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make
a compensating adjustment in dividing the marital property and awarding alimony.
(f) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the
marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.
(g) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial
material change in circumstances not foreseeable at the time of the divorce.

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(ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the
decree was entered, unless the court finds extenuating circumstances that justify that action.
(iii) In determining alimony, the income of any subsequent spouse of the payor may not be considered, except as provided in this
Subsection (8).
(A) The court may consider the subsequent spouse's financial ability to share living expenses.
(B) The court may consider the income of a subsequent spouse if the court finds that the payor's improper conduct justifies that
consideration.
(h) Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to
termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.

(9) Unless a decree of divorce specifically provides otherwise, any order of the court that a party pay alimony to a former spouse
automatically terminates upon the remarriage or death of that former spouse. However, if the remarriage is annulled and found to be
void ab initio, payment of alimony shall resume if the party paying alimony is made a party to the action of annulment and his rights are
determined.

(10) Any order of the court that a party pay alimony to a former spouse terminates upon establishment by the party paying alimony that
the former spouse is cohabitating with another person.

30-3-5.1 Provision for income withholding in child support order.

Whenever a court enters an order for child support, it shall include in the order a provision for withholding income as a means of
collecting child support as provided in Title 62A, Chapter 11, Recovery Services.

30-3-5.2 Allegations of child abuse or child sexual abuse – Investigation.

When, in any divorce proceeding or upon a request for modification of a divorce decree, an allegation of child abuse or child sexual
abuse is made, implicating either party, the court, after making an inquiry, may order that an investigation be conducted by the Division
of Child and Family Services within the Department of Human Services in accordance with Title 62A, Chapter 4a. A final award of
custody or parent-time may not be rendered until a report on that investigation, consistent with Section 62A-4a-412, is received by the
court. That investigation shall be conducted by the Division of Child and Family Services within 30 days of the court's notice and
request for an investigation. In reviewing this report, the court shall comply with Section 78A-2-227.
30-3-5.4 Designation of Primary and Secondary Health, Dental, or Hospital insurance coverage.

(1) For purposes of this section, "health, hospital, or dental insurance plan" has the same meaning as "health care insurance" as
defined in Section 31A-1-301.

(2) (a) A decree of divorce rendered in accordance with Section 30-3-5, an order for medical expenses rendered in accordance with
Section 78B-12-212, and an administrative order under Section 62A-11-326 shall, in accordance with Subsection (2)(b)(ii), designate
which parent's health, hospital, or dental insurance plan is primary coverage and which parent's health, hospital, or dental insurance
plan is secondary coverage for a dependent child.
(b) The provisions of the court order required by Subsection (2)(a) shall:
(i) take effect if at any time a dependent child is covered by both parents' health, hospital, or dental insurance plans; and
(ii) include the following language:
"If, at any point in time, a dependent child is covered by the health, hospital, or dental insurance plans of both parents, the health,
hospital, or dental insurance plan of (Parent's Name) shall be primary coverage for the dependent child and the health, hospital, or
dental insurance plan of (Other Parent's Name) shall be secondary coverage for the dependent child. If a parent remarries and his or
her dependent child is not covered by that parent's health, hospital, or dental insurance plan but is covered by a step-parent's plan, the
health, hospital, or dental insurance plan of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain
the same designation as the primary or secondary plan of the dependent child."
(c) A decree of divorce or related court order may not modify the language required by Subsection (2)(b)(ii).
(d) Notwithstanding Subsection (2)(c), a court may allocate the payment of medical expenses including co-payments, deductibles, and
co-insurance not covered by health insurance between the parents in accordance with Subsections 30-3-5(1)(a) and 78B-12-212(6).

(3) In designating primary coverage pursuant to Subsection (2), a court may take into account:
(a) the birth dates of the parents;
(b) a requirement in a court order, if any, for one of the parents to maintain health insurance coverage for a dependent child;
(c) the parent with physical custody of the dependent child; or
(d) any other factor the court considers relevant.

30-3-6 Repealed.
30-3-7 When decree becomes absolute.

(1) The decree of divorce becomes absolute:


(a) on the date it is signed by the court and entered by the clerk in the register of actions if both the parties who have a child or children
have completed attendance at the mandatory course for divorcing parents as provided in Section 30-3-11.3 except if the court waives
the requirement, on its own motion or on the motion of one of the parties, upon determination that course attendance and completion
are not necessary, appropriate, feasible, or in the best interest of the parties;
(b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are
pending; or
(c) when the court, before the decree becomes absolute, for sufficient cause otherwise orders.

(2) The court, upon application or on its own motion for good cause shown, may waive, alter, or extend a designated period of time
before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree.

30-3-8 Remarriage – When unlawful.

Neither party to a divorce proceeding which dissolves their marriage by decree may marry any person other than the spouse from
whom the divorce was granted until it becomes absolute. If an appeal is taken, the divorce is not absolute until after affirmance of the
decree.

30-3-9 Repealed.
30-3-10 Custody of children in case of separation or divorce – Custody consideration.

(1) If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court shall make an
order for the future care and custody of the minor children as it considers appropriate.
(a) In determining any form of custody, the court shall consider the best interests of the child and, among other factors the court finds
relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the
noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and
child; and
(iv) those factors outlined in Section 30-3-10.2.
(b) The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best
interest of the child.
(c) The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist
that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
(d) The court may inquire of the children and take into consideration the children's desires regarding future custody or parent-time
schedules, but the expressed desires are not controlling and the court may determine the children's custody or parent-time otherwise.
The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor.
(e) If interviews with the children are conducted by the court pursuant to Subsection (1)(d), they shall be conducted by the judge in
camera. The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with the children is the
only method to ascertain the child's desires regarding custody.

(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the
best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds
appropriate.

(3) If the court finds that one parent does not desire custody of the child, the court shall take that evidence into consideration in
determining whether to award custody to the other parent.

(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a parent due to a disability, as defined in Section
57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of
custody.
(b) If a court takes a parent's disability into account in awarding custody or determining whether a substantial change has occurred for
the purpose of modifying an award of custody, the parent with a disability may rebut any evidence, presumption, or inference arising
from the disability by showing that:

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(i) the disability does not significantly or substantially inhibit the parent's ability to provide for the physical and emotional needs of the
child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources available to supplement the parent's ability to provide
for the physical and emotional needs of the child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under Title 78B, Chapter 6, Part 1, Utah Adoption Act.

(5) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole
custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.

30-3-10.1 Definitions – Joint legal custody – Joint physical custody.

As used in this chapter:


(1) "Joint legal custody":
(a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;
(b) may include an award of exclusive authority by the court to one parent to make specific decisions;
(c) does not affect the physical custody of the child except as specified in the order of joint legal custody;
(d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the
best interest of the child often requires that a primary physical residence for the child be designated; and
(e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.

(2) "Joint physical custody":


(a) means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the
child in addition to paying child support;
(b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet
the best interest of the child;
(c) may require that a primary physical residence for the child be designated; and
(d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.
30-3-10.2 Joint custody order – Factors for court determination – Public assistance.

(1) The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in
accordance with Section 30-3-10.8 and it determines that joint legal custody or joint physical custody or both is in the best interest of
the child.

(2) In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider
the following factors:
(a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical
custody;
(b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
(c) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent,
including the sharing of love, affection, and contact between the child and the other parent;
(d) whether both parents participated in raising the child before the divorce;
(e) the geographical proximity of the homes of the parents;
(f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint
legal or physical custody;
(g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
(h) the past and present ability of the parents to cooperate with each other and make decisions jointly;
(i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
(j) any other factors the court finds relevant.

(3) The determination of the best interest of the child shall be by a preponderance of the evidence.

(4) The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under
Title 35A, Chapter 3, Employment Support Act.

(5) The court may order that where possible the parties attempt to settle future disputes by a dispute resolution method before seeking
enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation,
except in emergency situations requiring ex parte orders to protect the child.
30-3-10.3 Terms of joint legal custody order.

(1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall
attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the
course to the court.

(2) An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying:
(a) either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to
determine the residence of the child;
(b) that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer
before making decisions concerning any of these areas;
(c) the rights and duties of each parent regarding the child's present and future physical care, support, and education;
(d) provisions to minimize disruption of the child's attendance at school and other activities, his daily routine, and his association with
friends; and
(e) as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or
jointly.

(3) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8.

(4) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child
the majority of the time.

(5) The appointment of joint legal custodians does not impair or limit the authority of the court to order support of the child, including
payments by one custodian to the other.

(6) An order of joint legal custody, in itself, is not grounds for modifying a support order.

(7) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties
agree to use before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody
through litigation, except in emergency situations requiring ex parte orders to protect the child.
30-3-10.4 Modification or termination of order.

(1) On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after
a hearing, modify or terminate an order that established joint legal or physical custody if:
(a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that the circumstances of the child
or one or both parents or joint legal or physical custodians have materially and substantially changed since the entry of the order to be
modified;
(b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child; and (c) (i)
both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 30-3-10.3(7); or
(ii) if no dispute resolution procedure is contained in the order that established joint legal or physical custody, the court orders the
parents to participate in a dispute resolution procedure in accordance with Subsection 30-3-10.2(5) unless the parents certify that, in
good faith, they have utilized a dispute resolution procedure to resolve their dispute.

(2) (a) In determining whether the best interest of a child will be served by either modifying or terminating the joint legal or physical
custody order, the court shall, in addition to other factors the court considers relevant, consider the factors outlined in Section 30-3-10
and Subsection 30-3-10.2(2).
(b) The court shall make specific written findings on each of the factors relied upon stating:
(i) a material and substantial change of circumstance has occurred; and
(ii) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.
(c) The court shall give substantial weight to the existing joint legal or physical custody order when the child is thriving, happy, and well-
adjusted.

(3) The court shall, in every case regarding a petition for termination of a joint legal or physical custody order, consider reasonable
alternatives to preserve the existing order in accordance with Subsection 30-3-10(1)(b). The court may modify the terms and conditions
of the existing order in accordance with Subsection 30-3-10(5) and may order the parents to file a parenting plan in accordance with
this chapter.

(4) A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of
shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 30-
3-10.8.

(5) If the court finds that an action under this section is filed or answered frivolously and in a manner designed to harass the other party,
the court shall assess attorney fees as costs against the offending party.
30-3-10.5 Payments of support, maintenance, and alimony.

(1) All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each
month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child,
income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income
withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.

(2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is
not considered past due until the first day of the following month.

(3) For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and
1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

30-3-10.6 Renumbered as 78-45-9.3

30-3-10.7 Parenting plan – Definitions.

(1) "Domestic violence" means the same as in Section 77-36-1.

(2) "Parenting plan" means a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final
decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.

(3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs
functions necessary for the care and growth of the child. Parenting functions include:
(a) maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) attending to the daily needs of the child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and
engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic
circumstances of the particular family;
(c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child;
(d) assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and family social and
economic circumstances; and
(f) providing for the financial support of the child.
30-3-10.8 Parenting plan – Filing – Modifications.

(1) In any proceeding under this chapter, including actions for paternity, any party requesting joint custody, joint legal or physical
custody, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan at the time of the filing of
their original petition or at the time of filing their answer or counterclaim.

(2) In proceedings for a modification of custody provisions or modification of a parenting plan, a proposed parenting plan shall be filed
and served with the petition to modify, or the answer or counterclaim to the petition to modify.

(3) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default to adopt the
plan if the other party fails to file a proposed parenting plan as required by this section.

(4) Either party may file and serve an amended proposed parenting plan according to the rules for amending pleadings.

(5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good
faith.

(6) Both parents may submit a parenting plan which has been agreed upon. A verified statement, signed by both parents, shall be
attached.

(7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the child,
who may, if necessary, file a separate parenting plan reflecting the best interests of the child.
30-3-10.9 Parenting plan – Objectives – Required provisions – Dispute resolutions.

(1) The objectives of a parenting plan are to:


(a) provide for the child's physical care;
(b) maintain the child's emotional stability;
(c) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to
the parenting plan;
(d) set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this
chapter;
(e) minimize the child's exposure to harmful parental conflict;
(f) encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting
plan rather than relying on judicial intervention; and
(g) protect the best interests of the child.

(2) The parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making
authority, and residential provisions for the child, and provisions addressing notice and parent-time responsibilities in the event of the
relocation of either party. It may contain other provisions comparable to those in Sections 30-3-5 and 30-3-10.3 regarding the welfare of
the child.

(3) A process for resolving disputes shall be provided unless precluded or limited by statute. A dispute resolution process may include:
(a) counseling;
(b) mediation or arbitration by a specified individual or agency; or
(c) court action.

(4) In the dispute resolution process:


(a) preference shall be given to the provisions in the parenting plan;
(b) parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial
support, unless an emergency exists;
(c) a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party;
(d) if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each
party;
(e) if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award
attorney's fees and financial sanctions to the prevailing parent;
(f) the district court shall have the right of review from the dispute resolution process; and
(g) the provisions of this Subsection (4) shall be set forth in any final decree or order.

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(5) The parenting plan shall allocate decision-making authority to one or both parties regarding the children's education, health care,
and religious upbringing. The parties may incorporate an agreement related to the care and growth of the children in these specified
areas or in other areas into their plan, consistent with the criteria outlined in Subsection 30-3-10.7(2) and Subsection (1). Regardless of
the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of
the child.

(6) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.

(7) When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue
through the dispute resolution process.

(8) The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days
of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.

(9) If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the
parenting plan or the child support order are not affected. Failure to comply with a provision of the parenting plan or a child support
order may result in a finding of contempt of court.

30-3-10.10 Parenting plan – Domestic violence.

(1) In any proceeding regarding a parenting plan, the court shall consider evidence of domestic violence, if presented.

(2) If there is a protective order, civil stalking injunction, or the court finds that a parent has committed domestic violence, the court shall
consider the impact of domestic violence in awarding parent-time, and make specific findings regarding the award of parent-time.

(3) If the court orders parent-time and a protective order or civil stalking injunction is still in place, it shall consider whether to order the
parents to conduct parent-time pick-up and transfer through a third party. The parent who is the stated victim in the order or injunction
may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.

(4) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place,
manner, and the third party to be used to implement the exchange.
30-3-10.17 Social security number in court records.

The social security number of any individual who is subject to a divorce decree, support order, or paternity determination or
acknowledgment shall be placed in the records relating to the matter.

30-3-11 Repealed.

30-3-11.1 Family Court Act – Purpose.

It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs
to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are
involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting
family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of
spouses and the amicable settlement of domestic and family controversies.

30-3-11.2 Appointment of counsel for child.

If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of the child
to have a separate exposition of the issues and personal representation for the child, the court may appoint counsel to represent the
child throughout the action, and the attorney's fee for such representation may be taxed as a cost of the action.
30-3-11.3 Mandatory educational course for divorcing parents -- Purpose – Curriculum – Exceptions.

(1) There is established a mandatory course for divorcing parents as a pilot program in the third and fourth judicial districts to be
administered by the Administrative Office of the Courts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall
be implemented in all judicial districts. The mandatory course is designed to educate and sensitize divorcing parties to their children's
needs both during and after the divorce process.

(2) The Judicial Council shall adopt rules to implement and administer this program.

(3) As a prerequisite to receiving a divorce decree, both parties are required to attend a mandatory course on their children's needs
after filing a complaint for divorce and receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived,
the court may permit the divorce action to proceed.

(4) The court may require unmarried parents to attend this educational course when those parents are involved in a visitation or custody
proceeding before the court.

(5) The mandatory course shall instruct both parties:


(a) about divorce and its impacts on:
(i) their child or children;
(ii) their family relationship; and
(iii) their financial responsibilities for their child or children; and
(b) that domestic violence has a harmful effect on children and family relationships.

(6) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6, Utah Procurement Code,
through private or public contracts and organize the program in each of Utah's judicial districts. The contracts shall provide for the
recoupment of administrative expenses through the costs charged to individual parties, pursuant to Subsection (8).

(7) A certificate of completion constitutes evidence to the court of course completion by the parties.

(8) (a) Each party shall pay the costs of the course to the independent contractor providing the course at the time and place of the
course. A fee of $8 shall be collected, as part of the course fee paid by each participant, and deposited in the Children's Legal Defense
Account, described in Section 51-9-408.
(b) Each party who is unable to pay the costs of the course may attend the course without payment upon a prima facie showing of
impecuniosity as evidenced by an affidavit of impecuniosity filed in the district court. In those situations, the independent contractor
shall be reimbursed for its costs from the appropriation to the Administrative Office of the Courts for "Mandatory Educational Course for
Divorcing Parents Program." Before a decree of divorce may be entered, the court shall make a final review and determination of
impecuniosity and may order the payment of the costs if so determined.
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(9) Appropriations from the General Fund to the Administrative Office of the Courts for the "Mandatory Educational Course for Divorcing
Parents Program" shall be used to pay the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).

(10) The Administrative Office of the Courts shall adopt a program to evaluate the effectiveness of the mandatory educational course.
Progress reports shall be provided annually to the Judiciary Interim Committee.

30-3-11.4 Mandatory orientation course for divorcing parties – Purpose – Curriculum – Exceptions.

(1) There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary
separation or for a divorce. A couple with no minor children are not required, but may choose to attend the course. The purpose of the
course shall be to educate parties about the divorce process and reasonable alternatives.

(2) A petitioner shall attend a divorce orientation course no more than 60 days after filing a petition for divorce.

(3) The respondent shall attend the divorce orientation course no more than 30 days after being served with a petition for divorce.

(4) The clerk of the court shall provide notice to a petitioner of the requirement for the course, and information regarding the course
shall be included with the petition or motion, when served on the respondent.

(5) The divorce orientation course shall be neutral, unbiased, at least one hour in duration, and include:
(a) options available as alternatives to divorce;
(b) resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce;
(c) resources available to improve or strengthen the marriage;
(d) a discussion of the positive and negative consequences of divorce;
(e) a discussion of the process of divorce;
(f) options available for proceeding with a divorce, including:
(i) mediation;
(ii) collaborative law; and
(iii) litigation; and
(g) a discussion of post-divorce resources.

(6) The course may be provided in conjunction with the mandatory course for divorcing parents required by Section 30-3-11.3.

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(7) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6, Utah Procurement Code,
through private or public contracts.

(8) Each participant shall pay the costs of the course, which may not exceed $20, to the independent contractor providing the course at
the time and place of the course.
(a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and deposited in the Children's Legal Defense
Account described in Section 51-9-408.
(b) A participant who is unable to pay the costs of the course may attend without payment and request an Affidavit of Impecuniosity
from the provider to be filed with the petition or motion. The provider shall be reimbursed for its costs by the Administrative Office of the
Courts. A petitioner who is later determined not to meet the qualifications for impecuniosity may be ordered to pay the costs of the
course.

(9) Appropriations from the General Fund to the Administrative Office of the Courts for the divorce orientation course shall be used to
pay the costs of an indigent petitioner who is determined to be impecunious as provided in Subsection (8)(b).

(10) The Online Court Assistance Program shall include instructions with the forms for divorce which inform the petitioner of the
requirement of this section.

(11) Both parties shall attend a divorce orientation course before a divorce decree may be entered, unless waived by the court. A
certificate of completion constitutes evidence to the court of course completion by the parties.

(12) It shall be an affirmative defense in all divorce actions that the divorce orientation requirement was not complied with, and the
action may not continue until a party has complied.

(13) The Administrative Office of the Courts shall adopt a program to evaluate the effectiveness of the mandatory educational course.
Progress reports shall be provided annually to the Judiciary Interim Committee.

30-3-12 Courts to exercise family counseling powers.

Each district court of the respective judicial districts, while sitting in matters of divorce, annulment, separate maintenance, child custody,
alimony and support in connection therewith, child custody in habeas corpus proceedings, and adoptions, shall exercise the family
counseling powers conferred by this act.

30-3-13 Repealed.
30-3-13.1 Establishment of family court division of district court.

A family court division of the district court may be established with the consent of the county legislative body in a county in which the
district court determines that the social conditions in the county and the number of domestic relations cases in the courts require use of
the procedures provided for in this act in order to give full and proper consideration to such cases and to effectuate the purposes of this
act. The determination shall be made annually by the judge of the district court in counties having only one judge, and by a majority of
the judges of the district court in counties having more than one judge.

30-3-14 Repealed.

30-3-14.1 Designation of judges – Terms.

In a county within a judicial district having more than one judge of the district court but having a population of less than 300,000 and in
which the district court has established a family court division, the presiding judge of such court shall annually, in the month of
September, designate at least one judge to hear all cases under this act. In a county within a judicial district having more than one
judge of the district court and having a population of more than 300,000 and in which the district court has established a family court
division, the presiding judge of such court shall annually, in the month of September, designate at least two judges to hear all cases
under this act, and shall designate one of such judges as the presiding judge of such family court division. Such judge or judges shall
serve on the family court division not less than one year and devote their time primarily to divorce and other domestic relations cases.

30-3-15 Repealed.

30-3-15.1 Appointment of domestic relations counselors, family court commissioner, and assistants and clerks.

In each county having a population of less than 300,000 and in which the district court has established a family court division the district
court judge or judges may, and in each county having a population of more than 300,000 and in which the district court has established
a family court division the district court judges shall, by an order filed in the office of the clerk on or before July 1 of each year, appoint
one or more domestic relations counselors, an attorney of recognized ability and standing at the bar as family court commissioner, and
such other persons as assistants and clerks as may be necessary, to serve during the pleasure of the appointing power.

30-3-15.2 Repealed.
30-3-15.3 Commissioners – Powers.

Commissioners shall:
(1) secure compliance with court orders;

(2) require attendance at the mandatory course as provided in Section 30-3-11.3;

(3) serve as judge pro tempore, master or referee on:


(a) assignment of the court; and
(b) with the written consent of the parties:
(i) orders to show cause where no contempt is alleged;
(ii) default divorces where the parties have had marriage counseling but there has been no reconciliation;
(iii) uncontested actions under Title 78B, Chapter 15, Utah Uniform Parentage Act;
(iv) actions under Title 78B, Chapter 12, Utah Child Support Act; and
(v) actions under Title 78B, Chapter 14, Uniform Interstate Family Support Act; and

(4) represent the interest of children in divorce or annulment actions, and the parties in appropriate cases.

30-3-15.4 Salaries and expenses.

Salaries of persons appointed under the foregoing sections shall be fixed by the county legislative body of the county in which they
serve. Office space, furnishings, equipment, and supplies for family court commissioners and conciliation staff shall be provided by the
county. The expenses and salaries of family court commissioners and conciliation staff shall be paid from county funds.

30-3-16 Repealed.
30-3-16.1 Jurisdiction of family court division – Powers.

Whenever any controversy exists between spouses which may, unless a reconciliation is achieved, result in the dissolution or
annulment of the marriage or in the disruption of the household, and there is a child of the spouses or either of them under the age of
17 years whose welfare might be affected, the family court division of the district court shall have jurisdiction over the controversy, over
the parties and over all persons having any relation to the controversy and may compel attendance before the court or a domestic
relations counselor of the parties or other persons related to the controversy. The court may make orders in divorce or conciliation
proceeding as it deems necessary for the protection of the family interests.

30-3-16.2 Petition for conciliation.

Prior to the filing of any action for divorce, annulment, or separate maintenance, either spouse or both spouses may file a petition for
conciliation in the family court division invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a
reconciliation between the parties or an amicable settlement of the controversy between them so as to avoid litigation over the issues
involved.

30-3-16.3 Contents of petition.

The petition for conciliation shall state:

(1) A controversy exists between the spouses and request the aid of the court to effect a reconciliation or an amicable settlement of the
controversy.

(2) The name and age of each child under the age of 17 years whose welfare may be affected by the controversy.

(3) The name and address of the petitioner or the names and addresses of the petitioners.

(4) If the petition is filed by one spouse only, the name and address of the other spouse as a respondent.

(5) The name, as a respondent, of any other person who has any relation to the controversy and, if known to the petitioners, the
address of such person.

(6) Such other information as the court may by rule require.


30-3-16.4 Procedure upon filing of petition.

When a petition for conciliation is filed in the family court division of the district court, the court shall refer the matter to the domestic
relations counselor or counselors and shall cause notice to be given to the spouses, by mail or in a form prescribed by the court, of the
filing of the petition and of the time and place of any hearing, conference or other proceeding scheduled by the court or domestic
relations counselors under this act.

30-3-16.5 Fees.

The court may fix fees to be charged for filing a petition for conciliation and for use of the courts' counseling services.

30-3-16.6 Information not available to public.

Neither the names of petitioners nor respondents, nor the contents of petitions for conciliation filed under this act, shall be available or
open to public inquiry, except that an attorney for a person seeking to file an action for divorce, annulment or separate maintenance
may determine from the clerk of the court if the other spouse has filed a petition for conciliation.

30-3-16.7 Effect of petition – Pendency of action.

The filing of a petition for conciliation under this act shall, for a period of 60 days thereafter, act as a bar to the filing by either spouse of
an action for divorce, annulment of marriage or separate maintenance unless the court otherwise orders. The pendency of an action for
divorce, annulment of marriage or separate maintenance shall not prevent either party to the action from filing a petition for conciliation
under this act, either on his own or at the request and direction of the court as authorized by Section 30-3-17; and the filing of a petition
for conciliation shall stay for a period of 60 days, unless the court otherwise orders, any trial or default hearing upon the complaint.
However, when the judge of the family court division is advised in writing by a marriage counselor to whom a petition for conciliation has
been referred that a reconciliation of the parties cannot be effected, the bar to filing an action or the stay of trial or default hearing shall
be removed.
30-3-17 Power and jurisdiction of judge.

The judge of a district court may counsel either spouse or both and may in his discretion require one or both of them to appear before
him and, in those counties where a domestic relations counselor has been appointed pursuant to this act, require them to file a petition
for conciliation and to appear before such counselor, or may recommend the aid of a physician, psychiatrist, psychologist, social service
worker or other specialists or scientific expert, or the pastor, bishop or presiding officer of any religious denomination to which the
parties may belong. The power and jurisdiction granted by this act shall be in addition to that presently exercised by the district courts
and shall not be in limitation thereof.

30-3-17.1 Proceedings considered confidential – Written evaluation by counselor.

The petition for conciliation and all communications, verbal or written, from the parties to the domestic relations counselors or other
personnel of the conciliation department in counseling or conciliation proceedings shall be deemed to be made in official confidence
within the meaning of Section 78B-1-137 and shall not be admissible or usable for any purpose in any divorce hearing or other
proceeding. However, the marriage counselor may submit to the appropriate court a written evaluation of the prospects or prognosis of
a particular marriage without divulging facts or revealing confidential disclosures.

30-3-18 Waiting period for hearing after filing for divorce – Exemption – Use of counseling and education
services not to be construed as condonation or promotion.

(1) Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held
by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may
be just and equitable.

(2) The 90-day period as provided in Subsection (1) shall not apply in any case where both parties have completed the mandatory
educational course for divorcing parents as provided in Section 30-3-11.3.

(3) The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts
that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.

30-3-19 to 30-3-31 Repealed.


30-3-32 Parent-time – Intent – Policy – Definitions.

(1) It is the intent of the Legislature to promote parent-time at a level consistent with all parties' interests.

(2) (a) A court shall consider as primary the safety and well-being of the child and the parent who is the victim of domestic or family
violence.
(b) Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the child:
(i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to have frequent, meaningful, and continuing
access to each parent following separation or divorce;
(ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for frequent, meaningful, and continuing access with
his child consistent with the child's best interests; and
(iii) it is in the best interests of the child to have both parents actively involved in parenting the child.
(c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act shall be considered evidence of real harm
or substantiated potential harm to the child.

(3) For purposes of Sections 30-3-32 through 30-3-37:


(a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
(b) "Christmas school vacation" means the time period beginning on the evening the child gets out of school for the Christmas or winter
school break until the evening before the child returns to school.
(c) "Extended parent-time" means a period of parent-time other than a weekend, holiday as provided in Subsections 30-3-35(2)(f) and
(2)(g), religious holidays as provided in Subsections 30-3-33(3) and (17), and "Christmas school vacation."
(d) "Surrogate care" means care by any individual other than the parent of the child.
(e) "Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other
parent.
(f) "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and
other wired or wireless technologies over the Internet or other communication media to supplement in-person visits between a
noncustodial parent and a child or between a child and the custodial parent when the child is staying with the noncustodial parent.
Virtual parent-time is designed to supplement, not replace, in-person parent-time.

(4) If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific
findings and orders with regards to the application of Section 30-3-37.
30-3-33 Advisory guidelines.

In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5, the following advisory guidelines are suggested to
govern all parent-time arrangements between parents.

(1) Parent-time schedules mutually agreed upon by both parents are preferable to a court-imposed solution.

(2) The parent-time schedule shall be utilized to maximize the continuity and stability of the child's life.

(3) Special consideration shall be given by each parent to make the child available to attend family functions including funerals,
weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of
either parent which may inadvertently conflict with the parent-time schedule.

(4) The responsibility for the pick up, delivery, and return of the child shall be determined by the court when the parent-time order is
entered, and may be changed at any time a subsequent modification is made to the parent-time order.

(5) If the noncustodial parent will be providing transportation, the custodial parent shall have the child ready for parent-time at the time
the child is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the
child at the time the child is returned.

(6) If the custodial parent will be transporting the child, the noncustodial parent shall be at the appointed place at the time the
noncustodial parent is to receive the child, and have the child ready to be picked up at the appointed time and place, or have made
reasonable alternate arrangements for the custodial parent to pick up the child.

(7) Regular school hours may not be interrupted for a school-age child for the exercise of parent-time by either parent.

(8) The court may make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents and
may increase the parent-time allowed to the noncustodial parent but shall not diminish the standardized parent-time provided in
Sections 30-3-35 and 30-3-35.5.

(9) The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the
expense of exercising parent-time.

(10) Neither parent-time nor child support is to be withheld due to either parent's failure to comply with a court-ordered parent-time
schedule.

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(11) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports,
and community functions in which the child is participating or being honored, and the noncustodial parent shall be entitled to attend and
participate fully.

(12) The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical
records and shall be notified immediately by the custodial parent in the event of a medical emergency.

(13) Each parent shall provide the other with his current address and telephone number, email address, and other virtual parent-time
access information within 24 hours of any change.

(14) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the child, in
the form of mail privileges and virtual parent-time if the equipment is reasonably available, provided that if the parties cannot agree on
whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably
available, taking into consideration:
(a) the best interests of the child;
(b) each parent's ability to handle any additional expenses for virtual parent-time; and
(c) any other factors the court considers material.

(15) Parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to
cooperate in allowing the noncustodial parent, if willing and able to transport the children, to provide the child care. Child care
arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.

(16) Each parent shall provide all surrogate care providers with the name, current address, and telephone number of the other parent
and shall provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless
the court for good cause orders otherwise.

(17) Each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who
celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious
holiday.

(18) If the child is on a different parent-time schedule than a sibling, based on Sections 30-3-35 and 30-3-35.5, the parents should
consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and
nonschool aged children, is appropriate.
30-3-34 Best interests – Rebuttable presumption.

(1) If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best
interests of the child.

(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5
shall be presumed to be in the best interests of the child. The parent-time schedule shall be considered the minimum parent-time to
which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the
evidence that more or less parent-time should be awarded based upon any of the following criteria:
(a) parent-time would endanger the child's physical health or significantly impair the child's emotional development;
(b) the distance between the residency of the child and the noncustodial parent;
(c) a substantiated or unfounded allegation of child abuse has been made;
(d) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
(e) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
(f) the preference of the child if the court determines the child to be of sufficient maturity;
(g) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
(h) shared interests between the child and the noncustodial parent;
(i) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the
child;
(j) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or
other circumstances;
(k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
(l) the minimal duration of and lack of significant bonding in the parents' relationship prior to the conception of the child;
(m) the parent-time schedule of siblings;
(n) the lack of reasonable alternatives to the needs of a nursing child; and
(o) any other criteria the court determines relevant to the best interests of the child.

(3) The court shall enter the reasons underlying its order for parent-time that:
(a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
(b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.

(4) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties
or a court order.
30-3-35 Minimum schedule for parent-time for children 5 to 18 years of age.

(1) The parent-time schedule in this section applies to children 5 to 18 years of age.

(2) If the parties do not agree to a parent-time schedule, the following schedule shall be considered the minimum parent-time to which
the noncustodial parent and the child shall be entitled.
(a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court, or Wednesday evening if not specified, from
5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child's school is regularly dismissed until 8:30 p.m., unless
the court directs the application of Subsection (2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not in session, one weekday from approximately 9 a.m., accommodating the
custodial parent's work schedule, until 8:30 p.m. if the noncustodial parent is available to be with the child, unless the court directs the
application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it may not be changed except by mutual written
agreement or court order.
(b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on
Sunday continuing each year;
(B) at the election of the noncustodial parent, from the time the child's school is regularly dismissed on Friday until 7 p.m. on Sunday,
unless the court directs the application of Subsection (2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not in session, on Friday from approximately 9 a.m., accommodating the
custodial parent's work schedule, until 7 p.m. on Sunday, if the noncustodial parent is available to be with the child unless the court
directs the application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial
parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.
(iii) Elections should be made by the noncustodial parent at the time of entry of the divorce decree or court order, and may be changed
by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child's schedule.
(iv) Weekends include any "snow" days, teacher development days, or other days when school is not scheduled and which are
contiguous to the weekend period.
(c) Holidays include any "snow" days, teacher development days after the children begin the school year, or other days when school is
not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time. Changes may not be made to the
regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended
parent-time, except Mother's Day and Father's Day; birthdays do not take precedence over uninterrupted parent-time if the parent
exercising uninterrupted time takes the child away from that parent's residence for the uninterrupted extended parent-time.
(d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at
school for that school day.

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(e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is
free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child's
school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at
approximately 9 a.m., accommodating the custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of
Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by the noncustodial parent, may pick up the child if the
custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.
(iv) Elections should be made by the noncustodial parent at the time of the divorce decree or court order, and may be changed by
mutual agreement, court order, or by the noncustodial parent in the event of a change in the child's schedule.
(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial
parent, he may take other siblings along for the birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to
which the noncustodial parent is completely entitled;
(iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option
of the parent exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the
noncustodial parent is completely entitled;
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m.
unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and
(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas
Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or
until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday peiod is equally divided.
(g) In years ending in an even number, the noncustodial parent is entitled to the following holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other
siblings along for the birthday;
(ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday extends for a lengthier period of time to
which the noncustodial parent is completely entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to
which the noncustodial parent is completely entitled;

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(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the
option of the parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a
school day, or from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b), beginning 1 p.m. on the day halfway
through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days
for the holiday period, so long as the entire Christmas holiday period is equally divided.
(h) The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years.
(i) Father's Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday.
(j) Mother's Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday.
(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally
exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except
for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of
vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of
the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for
extended parent-time for the noncomplying parent.
(n) Telephone contact shall be at reasonable hours and for a reasonable duration.
(o) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable
hours and for reasonable duration, provided that if the parties cannot agree on whether the equipment is reasonably available, the court
shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(i) the best interests of the child;
(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.

(3) Any elections required to be made in accordance with this section by either parent concerning parent-time shall be made a part of
the decree and made a part of the parent-time order.

(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection
(2)(g)(vi).
30-3-35.5 Minimum schedule for parent-time for children under five years of age.

(1) The parent-time schedule in this section applies to children under five years old.

(2) All holidays in this section refer to the same holidays referenced in Section 30-3-35.

(3) If the parties do not agree to a parent-time schedule, the following schedule shall be considered the minimum parent-time to which
the noncustodial parent and the child shall be entitled.
(a) For children under five months of age:
(i) six hours of parent-time per week to be specified by the court or the noncustodial parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or other environment familiar to the child; and
(ii) two hours on holidays and in the years specified in Subsections 30-3-35(2)(f) through (j) preferably in the custodial home, the
established child care setting, or other environment familiar to the child.
(b) For children five months of age or older, but younger than nine months of age:
(i) nine hours of parent-time per week to be specified by the court or the noncustodial parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or other environment familiar to the child; and
(ii) two hours on the holidays and in the years specified in Subsections 30-3-35(2)(f) through (j) preferably in the custodial home, the
established child care setting, or other environment familiar to the child.
(c) For children nine months of age or older, but younger than 12 months of age:
(i) one eight hour visit per week to be specified by the noncustodial parent or court;
(ii) one three hour visit per week to be specified by the noncustodial parent or court;
(iii) eight hours on the holidays and in the years specified in Subsections 30-3-35(2)(f) through (j); and
(iv) brief telephone contact and other virtual parent-time, if the equipment is reasonably available, with the noncustodial parent at least
two times per week, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide
whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(d) For children 12 months of age or older, but younger than 18 months of age:
(i) one eight-hour visit per alternating weekend to be specified by the noncustodial parent or court;
(ii) on opposite weekends from Subsection (3)(d)(i), from 6 p.m. on Friday until noon on Saturday;
(iii) one three-hour visit per week to be specified by the noncustodial parent or court;
(iv) eight hours on the holidays and in the years specified in Subsections 30-3-35(2)(f) through (j); and

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(v) brief telephone contact and other virtual parent-time, if the equipment is reasonably available, with the noncustodial parent at least
two times per week, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide
whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(e) For children 18 months of age or older, but younger than three years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the noncustodial parent or court; however, if the child is
being cared for during the day outside his regular place of residence, the noncustodial parent may, with advance notice to the custodial
parent, pick up the child from the caregiver at an earlier time and return him to the custodial parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday
continuing each year;
(iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c) through (j);
(iv) extended parent-time may be:
(A) two one-week periods, separated by at least four weeks, at the option of the noncustodial parent;
(B) one week shall be uninterrupted time for the noncustodial parent;
(C) the remaining week shall be subject to parent-time for the custodial parent consistent with these guidelines; and
(D) the custodial parent shall have an identical one-week period of uninterrupted time for vacation; and
(v) brief telephone contact and virtual parent-time, if the equipment is reasonably available, with the noncustodial parent at least two
times per week, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide
whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(f) For children three years of age or older, but younger than five years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the noncustodial parent or court; however, if the child is
being cared for during the day outside his regular place of residence, the noncustodial parent may, with advance notice to the custodial
parent, pick up the child from the caregiver at an earlier time and return him to the custodial parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday
continuing each year;
(iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c) through (j);
(iv) extended parent-time with the noncustodial parent may be:
(A) two two-week periods, separated by at least four weeks, at the option of the noncustodial parent;
(B) one two-week period shall be uninterrupted time for the noncustodial parent;
(C) the remaining two-week period shall be subject to parent-time for the custodial parent consistent with these guidelines; and
(D) the custodial parent shall have an identical two-week period of uninterrupted time for vacation; and

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(v) brief telephone contact and virtual parent-time, if the equipment is reasonably available, with the noncustodial parent at least two
times per week, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide
whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.

(4) A parent shall notify the other parent at least 30 days in advance of extended parent-time or vacation weeks.

(5) Virtual parent-time shall be at reasonable hours and for reasonable duration.

30-3-36 Special circumstances.

(1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial
parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time
plan for the noncustodial parent.

(2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:
(a) an itinerary of travel dates;
(b) destinations;
(c) places where the child or traveling parent can be reached; and
(d) the name and telephone number of an available third person who would be knowledgeable of the child's location.

(3) Unchaperoned travel of a child under the age of five years is not recommended.
30-3-37 Relocation.

(1) For purposes of this section, "relocation" means moving 150 miles or more from the residence specified in the court's decree.

(2) The relocating parent shall provide, if possible, 60 days advance written notice of the intended relocation to the other parent. The
written notice of relocation shall contain statements affirming the following:
(a) the parent-time provisions in Subsection (5) or a schedule approved by both parties will be followed; and
(b) neither parent will interfere with the other's parental rights pursuant to court ordered parent-time arrangements, or the schedule
approved by both parties.

(3) The court may, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the notice of
relocation and parent-time schedule as provided in Section 30-3-35 and make appropriate orders regarding the parent-time and costs
for parent-time transportation.

(4) In determining the parent-time schedule and allocating the transportation costs, the court shall consider:
(a) the reason for the parent's relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.

(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule
shall be the minimum requirements for parent-time with a school-age child:
(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the
custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of
parent-time to be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.

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(6) The noncustodial parent's monthly weekend entitlement is subject to the following restrictions.
(a) If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last
weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend. If a holiday assigned to the
custodial parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the next to the last weekend of the
month.
(b) If a noncustodial parent's extended parent-time or parent-time over a holiday extends into or through the first weekend of the next
month, that weekend shall be considered the noncustodial parent's monthly weekend entitlement for that month.
(c) If a child is out of school for teacher development days or snow days after the children begin the school year, or other days not
included in the list of holidays in Subsection (5) and those days are contiguous with the noncustodial parent's monthly weekend parent-
time, those days shall be included in the weekend parent-time.

(7) The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.

(8) In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year,
the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the
children.

(9) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days
during extended parent-time, unless the court finds it is not in the best interests of the child. If the court orders uninterrupted parent-time
during a period not covered by this section, it shall specify in its order which parent is responsible for the child's travel expenses.

(10) Unless otherwise ordered by the court the relocating party shall be responsible for all the child's travel expenses relating to
Subsections (5)(a) and (b) and 1/2 of the child's travel expenses relating to Subsection (5)(c), provided the noncustodial parent is
current on all support obligations. If the noncustodial parent has been found in contempt for not being current on all support obligations,
the noncustodial parent shall be responsible for all of the child's travel expenses under Subsection (5), unless the court rules otherwise.
Reimbursement by either responsible party to the other for the child's travel expenses shall be made within 30 days of receipt of
documents detailing those expenses.

(11) The court may apply this provision to any preexisting decree of divorce.

(12) Any action under this section may be set for an expedited hearing.

(13) A parent who fails to comply with the notice of relocation in Subsection (2) shall be in contempt of the court's order.
30-3-38 Expedited Parent-time Enforcement Program.

(1) There is established an Expedited Parent-time Enforcement Program in the third judicial district to be administered by the
Administrative Office of the Courts.

(2) As used in this section:


(a) "Mediator" means a person who:
(i) is qualified to mediate parent-time disputes under criteria established by the Administrative Office of the Courts; and
(ii) agrees to follow billing guidelines established by the Administrative Office of the Courts and this section.
(b) "Services to facilitate parent-time" or "services" means services designed to assist families in resolving parent-time problems
through:
(i) counseling;
(ii) supervised parent-time;
(iii) neutral drop-off and pick-up;
(iv) educational classes; and
(v) other related activities.

(3) (a) If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the
court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless
a parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent residing outside of the state is not
unavailable. The director of the program for the courts, the court, or the mediator may excuse either party from the requirement to
mediate for good cause.
(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address parent-time issues within 15 days of the motion being filed;
(ii) assess the situation;
(iii) facilitate an agreement on parent-time between the parents; and
(iv) determine whether a referral to a service provider under Subsection (3)(c) is warranted.
(c) While a case is in mediation, a mediator may refer the parents to a service provider designated by the Department of Human
Services for services to facilitate parent-time if:
(i) the services may be of significant benefit to the parents; or
(ii) (A) a mediated agreement between the parents is unlikely; and
(B) the services may facilitate an agreement.
(d) At any time during mediation, a mediator shall terminate mediation and transfer the case to the administrator of the program for
referral to the judge or court commissioner to whom the case was assigned under Subsection (3)(a) if:
(i) a written agreement between the parents is reached; or

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(ii) the parents are unable to reach an agreement through mediation and:
(A) the parents have received services to facilitate parent-time;
(B) both parents object to receiving services to facilitate parent-time; or
(C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
(e) Upon receiving a case from the administrator of the program, a judge or court commissioner may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;
(ii) order the parents to receive services to facilitate parent-time;
(iii) proceed with the case; or
(iv) take other appropriate action.

(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a child who is the subject of a parent-time order
against the other parent or a member of the other parent's household to a mediator or service provider, the mediator or service provider
shall immediately report that information to:
(i) the judge assigned to the case who may immediately issue orders and take other appropriate action to resolve the allegation and
protect the child; and
(ii) the Division of Child and Family Services within the Department of Human Services in the manner required by Title 62A, Chapter 4a,
Part 4, Child Abuse or Neglect Reporting Requirements.
(b) If an allegation under Subsection (4)(a) is made against a parent with parent-time rights or a member of that parent's household,
parent-time by that parent shall, pursuant to an order of the court, be supervised until:
(i) the allegation has been resolved; or
(ii) a court orders otherwise.
(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to mediate parent-time problems and a service
provider may continue to provide services to facilitate parent-time unless otherwise ordered by a court.

(5) (a) The Department of Human Services may contract with one or more entities in accordance with Title 63G, Chapter 6, Utah
Procurement Code, to provide:
(i) services to facilitate parent-time;
(ii) case management services; and
(iii) administrative services.
(b) An entity who contracts with the Department of Human Services under Subsection (5)(a) shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
(ii) agree to follow billing guidelines established by the Department of Human Services and this section.

(6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
(i) reduced to a sum certain;
(ii) divided equally between the parents; and

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(iii) charged against each parent taking into account the ability of that parent to pay under billing guidelines adopted in accordance with
this section.
(b) A judge may order a parent to pay an amount in excess of that provided for in Subsection (6)(a) if the parent:
(i) failed to participate in good faith in mediation or services to facilitate parent-time; or
(ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
(c) (i) The cost of mediation and services to facilitate parent-time may be charged to parents at periodic intervals.
(ii) Mediation and services to facilitate parent-time may only be terminated on the ground of nonpayment if both parents are delinquent.

(7) (a) The Judicial Council may make rules to implement and administer the provisions of this program related to mediation.
(b) The Department of Human Services may make rules to implement and administer the provisions of this program related to services
to facilitate parent-time.

(8) (a) The Administrative Office of the Courts shall adopt outcome measures to evaluate the effectiveness of the mediation component
of this program. Progress reports shall be provided to the Judiciary Interim Committee as requested by the committee.
(b) The Department of Human Services shall adopt outcome measures to evaluate the effectiveness of the services component of this
program. Progress reports shall be provided to the Judiciary Interim Committee as requested by the committee.
(c) The Administrative Office of the Courts and the Department of Human Services may adopt joint outcome measures and file joint
reports to satisfy the requirements of Subsections (7)(a) and (b).

(9) The Department of Human Services shall, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds
Procedures, apply for federal funds as available.
30-3-39 Mediation program.

(1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a
divorce.

(2) If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in
good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes
place.

(3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in
accordance with Section 78B-6-205.

(4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be
divided equally between the parties.

(5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to
mediate for good cause.

(6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
78A-2-228 Private attorney guardian ad litem – Appointment – Costs and fees – Duties – Conflicts of interest – Pro
bono obligation – Indemnification – Minimum qualifications.

(1)(a) The court may appoint a private attorney as guardian ad litem to represent the best interests of the minor in any district court
action in which the custody of or visitation with a minor is at issue. The attorney guardian ad litem shall be certified by the Director of the
Office of Guardian Ad Litem as having met the minimum qualifications for appointment, but may not be employed by or under contract
with the Office of Guardian Ad Litem.
(b) When appointing an attorney guardian ad litem for a minor under this section, a court may appoint the same attorney guardian ad
litem who represents the minor in another proceeding, or who has represented the minor in a previous proceeding, if that attorney
guardian ad litem is available.
(c) If, after appointment of the attorney guardian ad litem, an allegation of abuse, neglect, or dependency of the minor is made the court
shall:
(i) determine whether it is in the best interests of the minor to continue the appointment; or
(ii) order the withdrawal of the private attorney guardian ad litem and appoint the Office of Guardian Ad Litem.

(2) (a) The court shall assess all or part of the attorney guardian ad litem fees, courts costs, and paralegal, staff, and volunteer
expenses against the parties in a proportion the court determines to be just.
(b) If the court finds a party to be impecunious, under the provisions of Section 78A-2-302, the court may direct the impecunious party's
share of the assessment to be covered by the attorney guardian ad litem pro bono obligation established in Subsection (6)(b).

(3) The attorney guardian ad litem appointed under the provisions of this section shall:
(a) represent the best interests of the minor from the date of the appointment until released by the court;
(b) conduct or supervise an ongoing, independent investigation in order to obtain, first-hand, a clear understanding of the situation and
needs of the minor;
(c) interview witnesses and review relevant records pertaining to the minor and the minor's family, including medical, psychological, and
school records;
(d) (i) personally meet with the minor, unless:
(A) the minor is outside of the state; or
(B) meeting with the minor would be detrimental to the minor;
(ii) personally interview the minor, unless:
(A) the minor is not old enough to communicate;
(B) the minor lacks the capacity to participate in a meaningful interview; or
(C) the interview would be detrimental to the minor;
(iii) to the extent possible, determine the minor's goals and concerns regarding custody or visitation; and

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(iv) to the extent possible, and unless it would be detrimental to the minor, keep the minor advised of:
(A) the status of the minor's case;
(B) all court and administrative proceedings;
(C) discussions with, and proposals made by, other parties;
(D) court action; and
(E) the psychiatric, medical, or other treatment or diagnostic services that are to be provided to the minor;
(e) unless excused by the court, prepare for and attend all mediation hearings and all court conferences and hearings, and present
witnesses and exhibits as necessary to protect the best interests of the minor;
(f) identify community resources to protect the best interests of the minor and advocate for those resources; and
(g) participate in all appeals unless excused by the court.

(4)(a) The attorney guardian ad litem shall represent the best interests of a minor. If the minor's wishes differ from the attorney's
determination of the minor's best interests, the attorney guardian ad litem shall communicate to the court the minor's wishes and the
attorney's determination of the minor's best interests. A difference between the minor's wishes and the attorney's determination of best
interests is not sufficient to create a conflict of interest.
(b) The court may appoint one attorney guardian ad litem to represent the best interests of more than one minor child of a marriage.

(5) An attorney guardian ad litem appointed under this section is immune from any civil liability that might result by reason of acts
performed within the scope of duties of the attorney guardian ad litem.

(6) (a) Upon the advice of the Director of the Office of Guardian Ad Litem and the Guardian Ad Litem Oversight Committee, the Judicial
Council shall by rule establish the minimum qualifications and requirements for appointment by the court as an attorney guardian ad
litem.
(b) An attorney guardian ad litem may be required to appear pro bono in one case for every five cases in which the attorney is
appointed with compensation.
78A-6-104 Concurrent jurisdiction – District court and juvenile court.

(1) The district court or other court has concurrent jurisdiction with the juvenile court as follows:
(a) when a person who is 18 years of age or older and who is under the continuing jurisdiction of the juvenile court under Section 78A-
6-117 violates any federal, state, or local law or municipal ordinance; and
(b) in establishing paternity and ordering testing for the purposes of establishing paternity, in accordance with Title 78B, Chapter 15,
Utah Uniform Parentage Act, with regard to proceedings initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part
5, Termination of Parental Rights Act.

(2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate if the court otherwise has jurisdiction over the
minor.

(3) This section does not deprive the district court of jurisdiction to appoint a guardian for a child, or to determine the support, custody,
and parent-time of a child upon writ of habeas corpus or when the question of support, custody, and parent-time is incidental to the
determination of a cause in the district court.

(4) (a) Where a support, custody, or parent-time award has been made by a district court in a divorce action or other proceeding, and
the jurisdiction of the district court in the case is continuing, the juvenile court may acquire jurisdiction in a case involving the same child
if the child is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile court under Section 78A-6-103.
(b) The juvenile court may, by order, change the custody, subject to Subsection 30-3-10(4), support, parent-time, and visitation rights
previously ordered in the district court as necessary to implement the order of the juvenile court for the safety and welfare of the child.
The juvenile court order remains in effect so long as the jurisdiction of the juvenile court continues.
(c) When a copy of the findings and order of the juvenile court has been filed with the district court, the findings and order of the juvenile
court are binding on the parties to the divorce action as though entered in the district court.

(5) The juvenile court has jurisdiction over questions of custody, support, and parent-time, of a minor who comes within the court's
jurisdiction under this section or Section 78A-6-103.
78A-6-901 Office of Guardian Ad Litem – Appointment of director – Duties of director – Contracts in second, third,
and fourth districts.

(1) As used in this part:


(a) "Director" means the director of the office.
(b) "Office" means the Office of Guardian Ad Litem, created in this section.

(2) There is created the Office of Guardian Ad Litem under the direct supervision of the Guardian Ad Litem Oversight Committee.

(3) (a) The Guardian Ad Litem Oversight Committee shall appoint one person to serve full time as the guardian ad litem director for the
state. The guardian ad litem director shall serve at the pleasure of the Guardian Ad Litem Oversight Committee, in consultation with the
state court administrator.
(b) The director shall be an attorney licensed to practice law in this state and selected on the basis of:
(i) professional ability;
(ii) experience in abuse, neglect, and dependency proceedings;
(iii) familiarity with the role, purpose, and function of guardians ad litem in both juvenile and district courts; and
(iv) ability to develop training curricula and reliable methods for data collection and evaluation.
(c) The director shall, prior to or immediately after the director's appointment, be trained in nationally recognized standards for an
attorney guardian ad litem.

(4) The guardian ad litem director shall:


(a) establish policy and procedure for the management of a statewide guardian ad litem program;
(b) manage the guardian ad litem program to assure that minors receive qualified guardian ad litem services in abuse, neglect, and
dependency proceedings in accordance with state and federal law and policy;
(c) develop standards for contracts of employment and contracts with independent contractors, and employ or contract with attorneys
licensed to practice law in this state, to act as attorney guardians ad litem in accordance with Section 78A-6-902;
(d) develop and provide training programs for volunteers in accordance with the United States Department of Justice National Court
Appointed Special Advocates Association standards;
(e) develop and update a guardian ad litem manual that includes:
(i) best practices for an attorney guardian ad litem; and
(ii) statutory and case law relating to an attorney guardian ad litem;
(f) develop and provide a library of materials for the continuing education of attorney guardians ad litem and volunteers;
(g) educate court personnel regarding the role and function of guardians ad litem;
(h) develop needs assessment strategies, perform needs assessment surveys, and ensure that guardian ad litem training programs
correspond with actual and perceived needs for training;

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(i) design and implement evaluation tools based on specific objectives targeted in the needs assessments described in Subsection
(4)(h);
(j) prepare and submit an annual report to the Guardian Ad Litem Oversight Committee and the Child Welfare Legislative Oversight
Panel regarding:
(i) the development, policy, and management of the statewide guardian ad litem program;
(ii) the training and evaluation of attorney guardians ad litem and volunteers; and
(iii) the number of minors served by the Office of Guardian Ad Litem;
(k) hire, train, and supervise investigators; and
(l) administer the program of private guardians ad litem established by Section 78A-2-228.

(5) A contract of employment or independent contract described under Subsection (4)(c) shall provide that attorney guardians ad litem
in the second, third, and fourth judicial districts devote their full time and attention to the role of attorney guardian ad litem, having no
clients other than the minors whose interest they represent within the guardian ad litem program.

78A-6-902 Appointment of attorney guardian ad litem – Right of refusal – Duties and responsibilities – Training –
Trained staff and court-appointed special advocate volunteers – Costs – Immunity – Annual report.

(1) (a) The court:


(i) may appoint an attorney guardian ad litem to represent the best interest of a minor involved in any case before the court; and
(ii) shall consider the best interest of a minor, consistent with the provisions of Section 62A-4a-201, in determining whether to appoint a
guardian ad litem.
(b) In all cases where an attorney guardian ad litem is appointed, the court shall make a finding that establishes the necessity of the
appointment.

(2) An attorney guardian ad litem shall represent the best interest of each child who may become the subject of a petition alleging
abuse, neglect, or dependency, from the earlier of the day that:
(a) the child is removed from the child's home by the division; or
(b) the petition is filed.

(3) The director shall ensure that each attorney guardian ad litem employed by the office:
(a) represents the best interest of each client of the office in all proceedings, including court proceedings;
(b) prior to representing any minor before the court, be trained in:
(i) applicable statutory, regulatory, and case law; and
(ii) nationally recognized standards for an attorney guardian ad litem;

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(c) conducts or supervises an ongoing, independent investigation in order to obtain, first-hand, a clear understanding of the situation
and needs of the minor;
(d) (i) personally meets with the minor, unless:
(A) the minor is outside of the state; or
(B) meeting with the minor would be detrimental to the minor;
(ii) personally interviews the minor, unless:
(A) the minor is not old enough to communicate;
(B) the minor lacks the capacity to participate in a meaningful interview; or
(C) the interview would be detrimental to the minor; and
(iii) if the minor is placed in an out-of-home placement, or is being considered for placement in an out-of-home placement, unless it
would be detrimental to the minor:
(A) to the extent possible, determines the minor's goals and concerns regarding placement; and
(B) personally assesses or supervises an assessment of the appropriateness and safety of the minor's environment in each placement;
(e) personally attends all review hearings pertaining to the minor's case;
(f) participates in all appeals, unless excused by order of the court;
(g) is familiar with local experts who can provide consultation and testimony regarding the reasonableness and appropriateness of
efforts made by the Division of Child and Family Services to:
(i) maintain a minor in the minor's home; or
(ii) reunify a child with the child's parent;
(h) to the extent possible, and unless it would be detrimental to the minor, personally or through a trained volunteer, paralegal, or other
trained staff, keeps the minor advised of:
(i) the status of the minor's case;
(ii) all court and administrative proceedings;
(iii) discussions with, and proposals made by, other parties;
(iv) court action; and
(v) the psychiatric, medical, or other treatment or diagnostic services that are to be provided to the minor; and
(i) in cases where a child and family plan is required, personally or through a trained volunteer, paralegal, or other trained staff,
monitors implementation of a minor's child and family plan and any dispositional orders to:
(i) determine whether services ordered by the court:
(A) are actually provided; and
(B) are provided in a timely manner; and
(ii) attempt to assess whether services ordered by the court are accomplishing the intended goal of the services.

(4)(a) Consistent with this Subsection (4), an attorney guardian ad litem may use trained volunteers, in accordance with Title 67,
Chapter 20, Volunteer Government Workers Act, trained paralegals, and other trained staff to assist in investigation and preparation of
information regarding the cases of individual minors before the court.

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(b) All volunteers, paralegals, and staff utilized pursuant to this section shall be trained in and follow, at a minimum, the guidelines
established by the United States Department of Justice Court Appointed Special Advocate Association.

(5) The attorney guardian ad litem shall continue to represent the best interest of the minor until released from that duty by the court.

(6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
(i) all costs resulting from the appointment of an attorney guardian ad litem; and
(ii) the costs of volunteer, paralegal, and other staff appointment and training.
(b) The court shall use funds appropriated by the Legislature for the guardian ad litem program to cover the costs described in
Subsection (6)(a).
(c) (i) When the court appoints an attorney guardian ad litem under this section, the court may assess all or part of the attorney fees,
court costs, and paralegal, staff, and volunteer expenses against the child's parents, parent, or legal guardian in a proportion that the
court determines to be just and appropriate.
(ii) The court may not assess those fees or costs against:
(A) a legal guardian, when that guardian is the state; or
(B) consistent with Subsection (6)(d), a parent who is found to be impecunious.
(d) For purposes of Subsection (6)(c)(ii)(B), if a person claims to be impecunious, the court shall:
(i) require that person to submit an affidavit of impecuniosity as provided in Section 78A-2-302; and
(ii) follow the procedures and make the determinations as provided in Section 78A-2-304.

(7) An attorney guardian ad litem appointed under this section, when serving in the scope of the attorney guardian ad litem's duties as
guardian ad litem is considered an employee of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
Immunity Act of Utah.

(8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
(b) If the minor's wishes differ from the attorney's determination of the minor's best interest, the attorney guardian ad litem shall
communicate the minor's wishes to the court in addition to presenting the attorney's determination of the minor's best interest.
(c) A difference between the minor's wishes and the attorney's determination of best interest may not be considered a conflict of interest
for the attorney.
(d) The court may appoint one attorney guardian ad litem to represent the best interests of more than one child of a marriage.

(9) An attorney guardian ad litem shall be provided access to all Division of Child and Family Services records regarding the minor at
issue and the minor's family.

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(10) An attorney guardian ad litem shall maintain current and accurate records regarding:
(a) the number of times the attorney has had contact with each minor; and
(b) the actions the attorney has taken in representation of the minor's best interest.

(11)(a) Except as provided in Subsection (11)(b), all records of an attorney guardian ad litem are confidential and may not be released
or made public upon subpoena, search warrant, discovery proceedings, or otherwise. This subsection supersedes Title 63G, Chapter 2,
Government Records Access and Management Act.
(b) Consistent with Subsection (11)(d), all records of an attorney guardian ad litem:
(i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers; and
(ii) shall be released to the Legislature.
(c) (i) Except as provided in Subsection (11)(c)(ii), records released in accordance with Subsection (11)(b) shall be maintained as
confidential by the Legislature.
(ii) Notwithstanding Subsection (11)(c)(i), the Office of the Legislative Auditor General may include summary data and nonidentifying
information in its audits and reports to the Legislature.
(d) (i) Subsection (11)(b) constitutes an exception to Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because
of:
(A) the unique role of an attorney guardian ad litem described in Subsection (8); and
(B) the state's role and responsibility:
(I) to provide a guardian ad litem program; and
(II) as parens patriae, to protect minors.
(ii) A claim of attorney-client privilege does not bar access to the records of an attorney guardian ad litem by the Legislature, through
legislative subpoena.
78B-7-101 Title.

This part is known and may be cited as the "Cohabitant Abuse Act."

78B-7-102 Definitions.

As used in this chapter:


(1) "Abuse" means intentionally or knowingly causing or attempting to cause a cohabitant physical harm or intentionally or knowingly
placing a cohabitant in reasonable fear of imminent physical harm.

(2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party;
(e) is the biological parent of the other party's unborn child; or
(f) resides or has resided in the same residence as the other party.

(3) Notwithstanding Subsection (2), "cohabitant" does not include:


(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(b) the relationship between natural, adoptive, step, or foster siblings who are under 18 years of age.

(4) "Court clerk" means a district court clerk.

(5) "Domestic violence" means the same as that term is defined in Section 77-36-1.

(6) "Ex parte protective order" means an order issued without notice to the defendant in accordance with this chapter.

(7) "Foreign protection order" is as defined in Section 78B-7-302.

(8) "Law enforcement unit" or "law enforcement agency" means any public agency having general police power and charged with
making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision.

(9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer Classifications.

(10) "Protective order" means an order issued pursuant to this chapter subsequent to a hearing on the petition, of which the petitioner
and respondent have been given notice in accordance with this chapter.
78B-7-103 Abuse or danger of abuse – Protective orders.

(1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or
domestic violence, may seek an ex parte protective order or a protective order in accordance with this chapter, whether or not that
person has left the residence or the premises in an effort to avoid further abuse.

(2) A petition for a protective order may be filed under this chapter regardless of whether an action for divorce between the parties is
pending.

(3) A petition seeking a protective order may not be withdrawn without approval of the court.

78B-7-104 Venue of action.

(1) The district court has jurisdiction of any action brought under this chapter.

(2) An action brought pursuant to this chapter shall be filed in the county where either party resides or in which the action complained of
took place.
78B-7-105 Forms for petitions and protective orders – Assistance.

(1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to persons seeking to proceed under this chapter.
(b) The Administrative Office of the Courts shall develop and adopt uniform forms for petitions and orders for protection in accordance
with the provisions of this chapter. That office shall provide the forms to the clerk of each court authorized to issue protective orders.
The forms shall include:
(i) a statement notifying the petitioner for an ex parte protective order that knowing falsification of any statement or information provided
for the purpose of obtaining a protective order may subject the petitioner to felony prosecution;
(ii) a separate portion of the form for those provisions, the violation of which is a criminal offense, and a separate portion for those
provisions, the violation of which is a civil violation, as provided in Subsection 78B-7-106(5);
(iii) language in the criminal provision portion stating violation of any criminal provision is a class A misdemeanor, and language in the
civil portion stating violation of or failure to comply with a civil provision is subject to contempt proceedings;
(iv) a space for information the petitioner is able to provide to facilitate identification of the respondent, such as social security number,
driver license number, date of birth, address, telephone number, and physical description;
(v) a space for the petitioner to request a specific period of time for the civil provisions to be in effect, not to exceed 150 days, unless
the petitioner provides in writing the reason for the requested extension of the length of time beyond 150 days;
(vi) a statement advising the petitioner that when a minor child is included in an ex parte protective order or a protective order, as part of
either the criminal or the civil portion of the order, the petitioner may provide a copy of the order to the principal of the school where the
child attends; and
(vii) a statement advising the petitioner that if the respondent fails to return custody of a minor child to the petitioner as ordered in a
protective order, the petitioner may obtain from the court a writ of assistance.

(2) If the person seeking to proceed under this chapter is not represented by an attorney, it is the responsibility of the court clerk's office
to provide:
(a) the forms adopted pursuant to Subsection (1);
(b) all other forms required to petition for an order for protection including, but not limited to, forms for service;
(c) clerical assistance in filling out the forms and filing the petition, in accordance with Subsection (1)(a). A court clerk's office may
designate any other entity, agency, or person to provide that service, but the court clerk's office is responsible to see that the service is
provided;
(d) information regarding the means available for the service of process;
(e) a list of legal service organizations that may represent the petitioner in an action brought under this chapter, together with the
telephone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or imprisoned respondent to the protective order hearing,
including an explanation of the use of transportation order forms when necessary.

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(3) No charges may be imposed by a court clerk, constable, or law enforcement agency for:
(a) filing a petition under this chapter;
(b) obtaining an ex parte protective order;
(c) obtaining copies, either certified or not certified, necessary for service or delivery to law enforcement officials; or
(d) fees for service of a petition, ex parte protective order, or protective order.

(4) A petition for an order of protection shall be in writing and verified.

(5) (a) All orders for protection shall be issued in the form adopted by the Administrative Office of the Courts pursuant to Subsection (1).
(b) Each protective order issued, except orders issued ex parte, shall include the following language:
"Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence
Against Women Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of
Columbia, tribal lands, and United States territories. This order complies with the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act."
(c) Each protective order issued in accordance with this part, including protective orders issued ex parte, shall include the following
language:
"NOTICE TO PETITIONER: The court may amend or dismiss a protective order after one year if it finds that the basis for the issuance
of the protective order no longer exists and the petitioner has repeatedly acted in contravention of the protective order provisions to
intentionally or knowingly induce the respondent to violate the protective order, demonstrating to the court that the petitioner no longer
has a reasonable fear of the respondent."
78B-7-106 Protective orders – Ex parte protective orders – Modification of orders – Service of process –
Duties of the court.

(1) If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic violence or abuse
has occurred or a modification of an order for protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an order for protection ex parte as it considers
necessary to protect the petitioner and all parties named to be protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whether or not the respondent appears.

(2) A court may grant the following relief without notice in an order for protection or a modification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence or abuse against the petitioner and any
designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises, and order the respondent to stay away from
the residence, school, or place of employment of the petitioner, and the premises of any of these, or any specified place frequented by
the petitioner and any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the petitioner, prohibit the
respondent from purchasing, using, or possessing a firearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, and direct the appropriate law enforcement officer
to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the
residence, automobile, and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) grant to the petitioner temporary custody of any minor children of the parties;
(g) order the appointment of the office of the Guardian Ad Litem to represent the interests of any minor children of the parties, if abuse
or neglect of the minor children is alleged, or appoint a private guardian ad litem, if appropriate, pursuant to Section 78A-2-228;
(h) order any further relief that the court considers necessary to provide for the safety and welfare of the petitioner and any designated
family or household member; and
(i) if the petition requests child support or spousal support, at the hearing on the petition order both parties to provide verification of
current income, including year-to-date pay stubs or employer statements of year-to-date or other period of earnings, as specified by the
court, and complete copies of tax returns from at least the most recent year.

(3) A court may grant the following relief in an order for protection or a modification of an order after notice and hearing, whether or not
the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent and require supervision of that parent-time by a third
party or deny parent-time if necessary to protect the safety of the petitioner or child.

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(4) Following the protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by the petitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued, a copy of the order for protection to the local law
enforcement agency or agencies designated by the petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described in Section 78B-7-113.

(5) (a) Each protective order shall include two separate portions, one for provisions, the violation of which are criminal offenses, and
one for provisions, the violation of which are civil violations, as follows:
(i) criminal offenses are those under Subsections (2)(a) through (e), and under Subsection (3)(a) as it refers to Subsections (2)(a)
through (e); and
(ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a) as it refers to Subsections (2)(f), (h), and (i).
(b) The criminal provision portion shall include a statement that violation of any criminal provision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to comply with a civil provision is subject to contempt
proceedings.

(6) The protective order shall include:


(a) a designation of a specific date, determined by the court, when the civil portion of the protective order either expires or is scheduled
for review by the court, which date may not exceed 150 days after the date the order is issued, unless the court indicates on the record
the reason for setting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of the respondent, such as Social Security number, driver
license number, date of birth, address, telephone number, and physical description; and
(c) a statement advising the petitioner that:
(i) after two years from the date of issuance of the protective order, a hearing may be held to dismiss the criminal portion of the
protective order;
(ii) the petitioner should, within the 30 days prior to the end of the two-year period, advise the court of the petitioner's current address
for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.

(7) Child support and spouse support orders issued as part of a protective order are subject to mandatory income withholding under
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D
Cases, except when the protective order is issued ex parte.

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(8)(a) The county sheriff that receives the order from the court, pursuant to Subsection (5)(a), shall provide expedited service for orders
for protection issued in accordance with this chapter, and shall transmit verification of service of process, when the order has been
served, to the statewide domestic violence network described in Section 78B-7-113.
(b) This section does not prohibit any law enforcement agency from providing service of process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is possible; or
(ii) determines that under the circumstances, providing service of process on the respondent is in the best interests of the petitioner.

(9)(a) When an order is served on a respondent in a jail or other holding facility, the law enforcement agency managing the facility shall
make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide notification, including mailing a copy of the
notification to the last-known address of the victim.

(10) A court may modify or vacate an order of protection or any provisions in the order after notice and hearing, except that the criminal
provisions of a protective order may not be vacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules of Civil Procedure, and the petitioner
personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order.

(11) A protective order may be modified without a showing of substantial and material change in circumstances.

(12) Insofar as the provisions of this chapter are more specific than the Utah Rules of Civil Procedure, regarding protective orders, the
provisions of this chapter govern.
78B-7-107 Hearings on ex parte orders.

(1) (a) When a court issues an ex parte protective order the court shall set a date for a hearing on the petition within 20 days after the
ex parte order is issued.
(b) If at that hearing the court does not issue a protective order, the ex parte protective order shall expire, unless it is otherwise
extended by the court. Extensions beyond the 20-day period may not by granted unless:
(i) the petitioner is unable to be present at the hearing;
(ii) the respondent has not been served;
(iii) the respondent has had the opportunity to present a defense at the hearing;
(iv) the respondent requests that the ex parte order be extended; or
(v) exigent circumstances exist.
(c) Under no circumstances may an ex parte order be extended beyond 180 days from the date of initial issuance.
(d) If at that hearing the court issues a protective order, the ex parte protective order remains in effect until service of process of the
protective order is completed.
(e) A protective order issued after notice and a hearing is effective until further order of the court.
(f) If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within ten days of
the entry of the recommended order and the assigned judge shall hold a hearing within 20 days of the filing of the objection.

(2) Upon a hearing under this section, the court may grant any of the relief described in Section 78B-7-106.

(3) When a court denies a petition for an ex parte protective order or a petition to modify an order for protection ex parte, upon request
of the petitioner, the court shall set the matter for hearing and notify the petitioner and serve the respondent.

(4) A respondent who has been served with an ex parte protective order may seek to vacate the ex parte protective order prior to the
hearing scheduled pursuant to Subsection (1)(a) by filing a verified motion to vacate. The respondent's verified motion to vacate and a
notice of hearing on that motion shall be personally served on the petitioner at least two days prior to the hearing on the motion to
vacate.

78B-7-108 Mutual protective orders prohibited.

(1) A court may not grant a mutual order or mutual orders for protection to opposing parties, unless each party:
(a) has filed an independent petition against the other for a protective order, and both petitions have been served;
(b) makes a showing at a due process protective order hearing of abuse or domestic violence committed by the other party; and
(c) demonstrates the abuse or domestic violence did not occur in self-defense.

(2) If the court issues mutual protective orders, the circumstances justifying those orders shall be documented in the case file.
78B-7-109 Continuing duty to inform court of other proceedings – Effect of other proceedings.

(1) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each
proceeding for an order for protection, any civil litigation, each proceeding in juvenile court, and each criminal case involving either
party, including the case name, the file number, and the county and state of the proceeding, if that information is known by the party.

(2) (a) An order for protection issued pursuant to this chapter is in addition to and not in lieu of any other available civil or criminal
proceeding.
(b) A petitioner is not barred from seeking a protective order because of other pending proceedings.
(c) A court may not delay granting relief under this chapter because of the existence of a pending civil action between the parties.

(3) A petitioner may omit his or her address from all documents filed with the court under this chapter, but shall separately provide the
court with a mailing address that is not to be made part of the public record, but that may be provided to a peace officer or entity for
service of process.

78B-7-110 No denial of relief solely because of lapse of time.

The court may not deny a petitioner relief requested pursuant to this chapter solely because of a lapse of time between an act of
domestic violence or abuse and the filing of the petition for an order of protection.

78B-7-111 Prohibition of court-ordered or court-referred mediation.

In any case brought under the provisions of this chapter, the court may not order the parties into mediation for resolution of the issues in
a petition for an order for protection.
78B-7-112 Division of Child and Family Services – Development and assistance of volunteer network.

(1) The Division of Child and Family Services within the Department of Human Services shall, either directly or by contract:
(a) develop a statewide network of volunteers and community resources to support, assist, and advocate on behalf of victims of
domestic violence;
(b) train volunteers to provide clerical assistance to persons seeking orders for protection under this chapter;
(c) coordinate the provision of volunteer services with Utah Legal Services and the Legal Aid Society; and
(d) assist local government officials in establishing community based support systems for victims of domestic violence.

(2) Volunteers shall provide additional nonlegal assistance to victims of domestic violence, including providing information on the
location and availability of shelters and other community resources.
78B-7-113 Statewide domestic violence network – Peace officers’ duties – Prevention of abuse in
absence of order – Limitation of liability.

(1) (a) Law enforcement units, the Department of Public Safety, and the Administrative Office of the Courts shall utilize statewide
procedures to ensure that peace officers at the scene of an alleged violation of a protective order have immediate access to information
necessary to verify the existence and terms of that order, and other orders of the court required to be made available on the network by
the provisions of this chapter or Title 77, Chapter 36, Cohabitant Abuse Procedures Act. Those officers shall use every reasonable
means to enforce the court's order, in accordance with the requirements and procedures of this chapter and Title 77, Chapter 36,
Cohabitant Abuse Procedures Act.
(b) The Administrative Office of the Courts, in cooperation with the Department of Public Safety and the Criminal Investigations and
Technical Services Division, established in Section 53-10-103, shall provide for a single, statewide network containing:
(i) all orders for protection issued by a court of this state; and
(ii) all other court orders or reports of court action that are required to be available on the network under this chapter and Title 77,
Chapter 36, Cohabitant Abuse Procedures Act.
(c) The entities described in Subsection (1)(b) may utilize the same mechanism as the statewide warrant system, described in Section
53-10-208.
(d) All orders and reports required to be available on the network shall be available within 24 hours after court action. If the court that
issued the order is not part of the state court computer system, the orders and reports shall be available on the network within 72 hours.
(e) The information contained in the network shall be available to a court, law enforcement officer, or agency upon request.

(2) When any peace officer has reason to believe a cohabitant or child of a cohabitant is being abused, or that there is a substantial
likelihood of immediate danger of abuse, although no protective order has been issued, that officer shall use all reasonable means to
prevent the abuse, including:
(a) remaining on the scene as long as it reasonably appears there would otherwise be danger of abuse;
(b) making arrangements for the victim to obtain emergency medical treatment;
(c) making arrangements for the victim to obtain emergency housing or shelter care;
(d) explaining to the victim his or her rights in these matters;
(e) asking the victim to sign a written statement describing the incident of abuse; or
(f) arresting and taking into physical custody the abuser in accordance with the provisions of Title 77, Chapter 36, Cohabitant Abuse
Procedures Act.

(3) No person or institution may be held criminally or civilly liable for the performance of, or failure to perform, any duty established by
this chapter, so long as that person acted in good faith and without malice.

78B-7-114 Authority to prosecute class A misdemeanor violations.

Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys.
78B-7-115 Dismissal of protective order.

(1) A protective order that has been in effect for at least two years may be dismissed if the court determines that the petitioner no longer
has a reasonable fear of future abuse. In determining whether the petitioner no longer has a reasonable fear of future abuse, the court
shall consider the following factors:
(a) whether the respondent has complied with treatment recommendations related to domestic violence, entered at the time the
protective order was entered;
(b) whether the protective order was violated during the time it was in force;
(c) claims of harassment, abuse, or violence by either party during the time the protective order was in force;
(d) counseling or therapy undertaken by either party;
(e) impact on the well-being of any minor children of the parties, if relevant; and
(f) any other factors the court considers relevant to the case before it.

(2) The court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if
it finds that:
(a) the basis for the issuance of the protective order no longer exists;
(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the
respondent to violate the protective order;
(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear of the respondent; and
(d) the respondent has not been convicted of a protective order violation or any crime of violence subsequent to the issuance of the
protective order, and there are no unresolved charges involving violent conduct still on file with the court.

(3) The court shall enter sanctions against either party if the court determines that either party acted:
(a) in bad faith; or
(b) with intent to harass or intimidate either party.

(4) Notice of a motion to dismiss a protective order shall be made by personal service on the petitioner in a protective order action as
provided in Rules 4 and 5, Utah Rules of Civil Procedure.

(5) If a divorce proceeding is pending between the parties to a protective order, the protective order shall be dismissed when the court
issues a decree of divorce for the parties if:
(a) the petitioner in the protective order action is present or has been given notice in both the divorce and protective order action of the
hearing; and
(b) the court specifically finds that the order need not continue.

(6) When the court dismisses a protective order, the court shall immediately issue an order of dismissal to be filed in the protective
order action and transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-
113.
78B-7-116 Full faith and credit for foreign protection orders.

(1) A foreign protection order is enforceable in this state as provided in Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of
Domestic Violence Protection Orders Act.

(2) (a) A person entitled to protection under a foreign protection order may file the order in any district court by filing with the court a
certified copy of the order. A filing fee may not be required.
(b) The person filing the foreign protection order shall swear under oath in an affidavit, that to the best of the person's knowledge the
order is presently in effect as written and the respondent was personally served with a copy of the order.
(c) The affidavit described in Subsection (2)(b) shall be in the form adopted by the Administrative Office of the Courts, consistent with its
responsibilities to develop and adopt forms under Section 78B-7-105.
(d) The court where a foreign protection order is filed shall transmit a copy of the order to the statewide domestic violence network
described in Section 78B-7-113.
(e) Upon inquiry by a law enforcement agency, the clerk of the district court shall make a copy of the foreign protection order available.
(f) After a foreign protection order is filed, the district court shall furnish a certified copy of the order to the person who filed the order.
(g) A filed foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the statewide
domestic violence network described in Section 78B-7-113.

(3) Law enforcement personnel may:


(a) rely upon a certified copy of any foreign protection order which has been provided to the peace officer by any source;
(b) rely on the statement of the person protected by the order that the order is in effect and the respondent was personally served with a
copy of the order; or
(c) consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(4) A violation in Utah of a foreign protection order is subject to the same penalties as the violation of a protective order issued in Utah.
78B-15-301 Declaration of paternity.

The mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the
paternity of the child.

78B-15-302 Execution of declaration of paternity.

(1) A declaration of paternity must:


(a) be in a record;
(b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and by the declarant father;
(c) be signed by the birth mother and declarant father in the presence of two witnesses who are not related by blood or marriage; and
(d) state that the child whose paternity is being declared:
(i) does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) does not have another declarant or adjudicated father;
(e) state whether there has been genetic testing and, if so, that the declarant man's claim of paternity is consistent with the results of
the testing; and
(f) state that the signatories understand that the declaration is the equivalent of a legal finding of paternity of the child and that a
challenge to the declaration is permitted only under the limited circumstances described in Section 78B-15-307.

(2) If either the birth mother or the declarant father is a minor, the voluntary declaration must also be signed by that minor's parent or
legal guardian.

(3) A declaration of paternity is void if it:


(a) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father
is filed with the Office of Vital Records in accordance with Section 78B-15-303;
(b) states that another man is a declarant or adjudicated father; or
(c) falsely denies the existence of a presumed, declarant, or adjudicated father of the child.

(4) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

(5) The declaration of paternity shall be in a form prescribed by the Office of Vital Records and shall be accompanied with a written and
verbal notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration.

MORE 
(6) The Social Security number of any person who is subject to declaration of paternity shall be placed in the records relating to the
matter.

(7) The declaration of paternity shall become an amendment to the original birth certificate. The original certificate and the declaration
shall be marked as to be distinguishable. The declaration may be included as part of subsequently issued certified copies of the birth
certificate. Alternatively, electronically issued copies of a certificate may reflect the amended information and the date of the
amendment only.

(8) A declaration of paternity may be completed and signed any time after the birth of the child. A declaration of paternity may not be
signed or filed after consent to or relinquishment for adoption has been signed.
(9) A declaration of paternity shall be considered effective when filed and entered into a database established and maintained by the
Office of Vital Records.

78B-15-303 Denial of paternity.

A presumed or declarant father may sign a denial of his paternity. The denial is valid only if:

(1) a declaration of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 78B-15-305;

(2) the denial is in a form prescribed by and filed with the Office of Vital Records, and is signed, or otherwise authenticated, under
penalty of perjury; and

(3) the presumed or declarant father has not previously:


(a) declared his paternity, unless the previous declaration has been rescinded pursuant to Section 78B-15-306 or successfully
challenged pursuant to Section 78B-15-307; or
(b) been adjudicated to be the father of the child.
78B-15-304 Rules for declaration and denial of paternity.

(1) A declaration of paternity and a denial of paternity shall be contained in a single document. If the declaration and denial are both
necessary, neither is valid until both are signed and filed.

(2) A declaration of paternity or a denial of paternity may not be signed before the birth of the child.

(3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes effect on the birth of the child or the filing of the
document with the Office of Vital Records, whichever occurs later.

(4) A declaration of paternity or denial of paternity signed by a minor and by the minor's parent or legal guardian is valid if it is otherwise
in compliance with this chapter.

78B-15-305 Effect of declaration or denial of paternity.

(1) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid declaration of paternity filed with the Office of Vital
Records is equivalent to a legal finding of paternity of a child and confers upon the declarant father all of the rights and duties of a
parent.

(2) When a declaration of paternity is filed, it shall be recognized as a basis for a child support order without any further requirement or
proceeding regarding the establishment of paternity.
(a) The liabilities of the father include, but are not limited to, the reasonable expense of the mother's pregnancy and confinement and
for the education, necessary support, and any funeral expenses for the child.
(b) When a father declares paternity, his liability for past amounts due is limited to the period of four years immediately preceding the
date that the voluntary declaration of paternity was filed.

(3) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid denial of paternity by a presumed or declarant father
filed with the Office of Vital Records in conjunction with a valid declaration of paternity is equivalent to a legal finding of the nonpaternity
of the presumed or declarant father and discharges the presumed or declarant father from all rights and duties of a parent. If a valid
denial of paternity is filed with the Office of Vital Records, the declarant or presumed father may not recover child support he paid prior
to the time of filing.
78B-15-306 Proceeding for rescission.

(1) A signatory may rescind a declaration of paternity or denial of paternity by filing a voluntary rescission document with the Office of
Vital Records in a form prescribed by the office before the earlier of:
(a) 60 days after the effective date of the declaration or denial, as provided in Sections 78B-15-303 and 78B-15-304; or
(b) the date of notice of the first adjudicative proceeding to which the signatory is a party, before a tribunal to adjudicate an issue
relating to the child, including a proceeding that establishes support.

(2) Upon receiving a voluntary rescission document from a signatory under Subsection (1), the Office of Vital Records shall provide
notice of the rescission, by mail, to the other signatory at the last-known address of that signatory.

78B-15-307 Challenge after expiration of period for rescission.

(1) After the period for rescission under Section 78B-15-306 has expired, a signatory of a declaration of paternity or denial of paternity,
or a support-enforcement agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud,
duress, or material mistake of fact.

(2) A party challenging a declaration of paternity or denial of paternity has the burden of proof.

(3) A challenge brought on the basis of fraud or duress may be commenced at any time.

(4) A challenge brought on the basis of a material mistake of fact may be commenced within four years after the declaration is filed with
the Office of Vital Records. For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital
Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.

(5) For purposes of Subsection (4), genetic test results that exclude a declarant father or that rebuttably identify another man as the
father in accordance with Section 78B-15-505 constitute a material mistake of fact.
78B-15-308 Procedure for rescission or challenge.

(1) Every signatory to a declaration of paternity and any related denial of paternity must be made a party to a proceeding to rescind or
challenge the declaration or denial.

(2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial of paternity, a signatory submits to personal
jurisdiction of this state by signing the declaration or denial, effective upon the filing of the document with the Office of Vital Records.

(3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge a declaration of paternity or denial of
paternity, the tribunal may not suspend the legal responsibilities of a signatory arising from the declaration, including the duty to pay
child support.

(4) A proceeding to rescind or to challenge a declaration of paternity or denial of paternity must be conducted in the same manner as a
proceeding to adjudicate parentage under Part 6, Adjudication of Parentage.

(5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity or denial of paternity, the tribunal shall order the
Office of Vital Records to amend the birth record of the child, if appropriate.

(6) If the declaration is rescinded, the declarant father may not recover child support he paid prior to the entry of an order of rescission.

78B-15-309 Ratification barred.

A tribunal or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged declaration of
paternity.

78B-15-310 Full faith and credit.

A tribunal of this state shall give full faith and credit to a declaration of paternity or denial of paternity effective in another state if the
declaration or denial has been signed and is otherwise in compliance with the law of the other state.
78B-15-311 Forms for declaration and denial of paternity and for rescission of paternity.

(1) To facilitate compliance with this part, the Office of Vital Records shall prescribe forms for the declaration, denial, and rescission of
paternity.

(2) A valid declaration of paternity or denial of paternity is not affected by a later modification of the prescribed form.

78B-15-312 Release of information.

The Office of Vital Records may release information relating to the declaration of paternity or denial of paternity to a signatory of the
declaration or denial and to tribunals and federal, tribal, and state support-enforcement agencies of this or another state.

78B-15-313 Adoption of rules.

The Office of Vital Records may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
this part.
78B-15-601 Proceeding authorized – Definition.

(1) An adjudicative proceeding may be maintained to determine the parentage of a child. A judicial proceeding is governed by the rules
of civil procedure. An administrative proceeding is governed by Title 63G, Chapter 4, Administrative Procedures Act.

(2) For the purposes of this part, "divorce" also includes an annulment.

78B-15-602 Standing to maintain proceeding.

Subject to Part 3, Voluntary Declaration of Paternity, and Sections 78B-15-607 and 78B-15-609, a proceeding to adjudicate parentage
may be maintained by:

(1) the child;

(2) the mother of the child;

(3) a man whose paternity of the child is to be adjudicated;

(4) the support-enforcement agency or other governmental agency authorized by other law;

(5) an authorized adoption agency or licensed child-placing agency;

(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is
deceased, incapacitated, or a minor; or

(7) an intended parent under Part 8, Gestational Agreement.


78B-15-603 Parties to proceeding.

The following individuals shall be joined as parties in a proceeding to adjudicate parentage:

(1) the mother of the child;

(2) a man whose paternity of the child is to be adjudicated; and

(3) the state pursuant to Section 78B-12-113.

78B-15-604 Personal jurisdiction.

(1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual.

(2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or
the guardian or conservator of the individual, if the conditions prescribed in Section 78B-14-201 are fulfilled, or the individual has signed
a declaration of paternity.

(3) Lack of jurisdiction over one individual does not preclude the tribunal from making an adjudication of parentage binding on another
individual over whom the tribunal has personal jurisdiction.

78B-15-605 Venue.

Venue for a judicial proceeding to adjudicate parentage is in the county of this state in which:

(1) the child resides or is found;

(2) the respondent resides or is found if the child does not reside in this state; or

(3) a proceeding for probate or administration of the presumed or alleged father's estate has been commenced.
78B-15-606 No limitation – Child having no declarant or adjudicated father.

A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. If
initiated after the child becomes an adult, only the child may initiate the proceeding.

78B-15-607 Limitation – Child having presumed father.

(1) Paternity of a child conceived or born during a marriage with a presumed father as described in Subsection 78B-15-204(1)(a), (b), or
(c), may be raised by the presumed father or the mother at any time prior to filing an action for divorce or in the pleadings at the time of
the divorce of the parents.
(a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the tribunal in accordance with Section 78B-15-608.
Failure of the mother of the child to appear for testing may result in an order allowing a motherless calculation of paternity. Failure of the
mother to make the child available may not result in a determination that the presumed father is not the father, but shall allow for
appropriate proceedings to compel the cooperation of the mother. If the question of paternity has been raised in the pleadings in a
divorce and the tribunal addresses the issue and enters an order, the parties are estopped from raising the issue again, and the order
of the tribunal may not be challenged on the basis of material mistake of fact.
(b) If the presumed father seeks to rebut the presumption of paternity, then denial of a motion seeking an order for genetic testing or a
decision to disregard genetic test results shall be based on a preponderance of the evidence.
(c) If the mother seeks to rebut the presumption of paternity, the mother has the burden to show by a preponderance of the evidence
that it would be in the best interests of the child to disestablish the parent-child relationship.

(2) For the presumption outside of marriage described in Subsection 78B-15-204(1)(d), the presumption may be rebutted at any time if
the tribunal determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with
each other during the probable time of conception.

(3) The presumption may be rebutted by:


(a) genetic test results that exclude the presumed father;
(b) genetic test results that rebuttably identify another man as the father in accordance with Section 78B-15-505;
(c) evidence that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other
during the probable time of conception; or
(d) an adjudication under this part.

(4) There is no presumption to rebut if the presumed father was properly served and there has been a final adjudication of the issue.
78B-15-608 Authority to deny motion for genetic testing or disregard test results.

(1) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having a
declarant father, the tribunal may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or
declarant father, or if testing has been completed, the tribunal may disregard genetic test results that exclude the presumed or
declarant father if the tribunal determines that:
(a) the conduct of the mother or the presumed or declarant father estops that party from denying parentage; and
(b) it would be inequitable to disrupt the father-child relationship between the child and the presumed or declarant father.

(2) In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section,
the tribunal shall consider the best interest of the child, including the following factors:
(a) the length of time between the proceeding to adjudicate parentage and the time that the presumed or declarant father was placed
on notice that he might not be the genetic father;
(b) the length of time during which the presumed or declarant father has assumed the role of father of the child;
(c) the facts surrounding the presumed or declarant father's discovery of his possible nonpaternity;
(d) the nature of the relationship between the child and the presumed or declarant father;
(e) the age of the child;
(f) the harm that may result to the child if presumed or declared paternity is successfully disestablished;
(g) the nature of the relationship between the child and any alleged father;
(h) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support
obligation in favor of the child; and
(i) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the
presumed or declarant father or the chance of other harm to the child.

(3) If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed or
declarant father, it shall issue an order adjudicating the presumed or declarant father to be the father of the child.

78B-15-609 Limitation – Child having declarant father.

(1) If a child has a declarant father, a signatory to the declaration of paternity or denial of paternity or a support-enforcement agency
may commence a proceeding seeking to rescind the declaration or denial or challenge the paternity of the child only within the time
allowed under Section 78B-15-306 or 78B-15-307.

(2) A proceeding under this section is subject to the application of the principles of estoppel established in Section 78B-15-608.
78B-15-610 Joinder of judicial proceedings.

(1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate parentage may be joined with a proceeding for
adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate
maintenance, probate or administration of an estate, or other appropriate proceeding.

(2) A respondent may not join a proceeding described in Subsection (1) with a proceeding to adjudicate parentage brought under Title
78B, Chapter 14, Uniform Interstate Family Support Act.

78B-15-611 Proceeding before birth.

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of
the child. The following actions may be taken before the birth of the child:

(1) service of process;

(2) discovery; and

(3) except as prohibited by Section 78B-15-502, collection of specimens for genetic testing.

78B-15-612 Child as party – Representation.

(1) A minor child is a permissible party, but is not a necessary party to a proceeding under this part.

(2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the tribunal finds
that the interests of the child are not adequately represented.
78B-15-613 Admissibility of results of genetic testing – Expenses.

(1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is admissible as evidence of the truth of the
facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites
specific grounds for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The admissibility of the report
is not affected by whether the testing was performed:
(a) voluntarily or pursuant to an order of the tribunal; or
(b) before or after the commencement of the proceeding.

(2) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone,
video conference, deposition, or another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party offering
the testimony bears the expense for the expert testifying.

(3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless
performed:
(a) pursuant to Section 78B-15-503;
(b) within the time periods set forth in this chapter; and
(c) pursuant to a tribunal order or administrative process; or
(d) with the consent of both the mother and the presumed or declarant father.

(4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in
Sections 78B-15-607 and 78B-15-608.

(5) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the
adverse party not less than ten days before the date of a hearing are admissible to establish:
(a) the amount of the charges billed; and
(b) that the charges were reasonable, necessary, and customary.
78B-15-614 Consequences of failing to submit to genetic testing.

(1) An order for genetic testing is enforceable by contempt.

(2) If an individual whose paternity is being determined fails to submit to genetic testing ordered by the tribunal, the tribunal for that
reason may adjudicate parentage contrary to the position of that individual.

(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being
determined. If the mother is unavailable or fails to submit to genetic testing, the tribunal may order the testing of the child and every
man who is potentially the father of the child.

78B-15-615 Admission of paternity authorized.

(1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by
admitting paternity under penalty of perjury when making an appearance or during a hearing.

(2) If the tribunal finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to
question the admission, the tribunal shall issue an order adjudicating the child to be the child of the man admitting paternity.

78B-15-616 Temporary order.

(1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the
individual ordered to pay support is:
(a) a presumed father of the child;
(b) petitioning to have his paternity adjudicated;
(c) identified as the father through genetic testing under Section 78B-15-505;
(d) an alleged father who has failed to submit to genetic testing;
(e) shown by clear and convincing evidence to be the father of the child; or
(f) the mother of the child.

(2) A temporary tribunal order may include provisions for custody and visitation as provided by other laws of this state.
78B-15-617 Rules for adjudication of paternity.

The tribunal shall apply the following rules to adjudicate the paternity of a child:

(1) The paternity of a child having a presumed, declarant, or adjudicated father may be disproved only by admissible results of genetic
testing excluding that man as the father of the child or identifying another man as the father of the child.

(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child
under Section 78B-15-505 must be adjudicated the father of the child, unless an exception is granted under Section 78B-15-608.

(3) If the tribunal finds that genetic testing under Section 78B-15-505 neither identifies nor excludes a man as the father of a child, the
tribunal may not dismiss the proceeding. In that event, the tribunal shall order further testing.

(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man properly excluded as the father of a
child by genetic testing must be adjudicated not to be the father of the child.

78B-15-618 Adjudication of parentage – Jury trial prohibited.

A jury trial is prohibited to adjudicate paternity of a child.

78B-15-619 Adjudication of parentage – Hearings – Inspection of records.

(1) On request of a party and for good cause shown, the tribunal may close a proceeding under this part.

(2) A final order in a proceeding under this part is available for public inspection. Other papers and records are available only with the
consent of the parties or on order of the tribunal for good cause.

78B-15-620 Adjudication of parentage – Order on default.

The tribunal shall issue an order adjudicating the paternity of a man who:

(1) after service of process, is in default; and

(2) is found by the tribunal to be the father of a child.


78B-15-621 Adjudication of parentage – Dismissal for want of prosecution.

The tribunal may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice.
An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

78B-15-622 Order adjudicating parentage.

(1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

(2) An order adjudicating parentage must identify the child by name and date of birth.

(3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees, reasonable attorney fees, fees for genetic
testing, other costs, necessary travel, and other reasonable expenses incurred in a proceeding under this part. The tribunal may award
attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.

(4) The tribunal may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except
as provided by law.

(5) On request of a party and for good cause shown, the tribunal may order that the name of the child be changed.

(6) If the order of the tribunal is at variance with the child's birth certificate, the tribunal shall order the Office of Vital Records to issue an
amended birth registration.
78B-15-623 Binding effect of determination of parentage.

(1) Except as otherwise provided in Subsection (2), a determination of parentage is binding on:
(a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary Declaration of Paternity; and
(b) all parties to an adjudication by a tribunal acting under circumstances that satisfy the jurisdictional requirements of Section 78B-14-
201.

(2) A child is not bound by a determination of parentage under this chapter unless:
(a) the determination was based on an unrescinded declaration of paternity and the declaration is consistent with the results of genetic
testing;
(b) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in
the determination or is otherwise shown; or
(c) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem.

(3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an adjudication of the parentage of a child if the
question of paternity is raised and the tribunal adjudicates according to Part 6, Adjudication of Parentage, and the final order:
(a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the
father of the child; or
(b) provides for support of the child by the husband unless paternity is specifically disclaimed in the order.

(4) The tribunal is not considered to have made an adjudication of the parentage of a child if the child was born at the time of entry of
the order and other children are named as children of the marriage, but that child is specifically not named.

(5) Once the paternity of a child has been adjudicated, an individual who was not a party to the paternity proceeding may not challenge
the paternity, unless:
(a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
(b) the challenger can demonstrate by clear and convincing evidence that the challenger did not know about the adjudicatory
proceeding or did not have a reasonable opportunity to know of the proceeding; and
(c) there would be harm to the child to leave the order in place.

(6) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of
judgments, or other judicial review.
URCP 26 General provisions governing discovery.

(a) Required disclosures; Discovery methods.

(a)(1) Initial disclosures. Except in cases exempt under Subdivision (a)(2) and except as otherwise stipulated or directed by order, a
party shall, without awaiting a discovery request, provide to other parties:
(A) the name and, if known, the address and telephone number of each individual likely to have discoverable information supporting its
claims or defenses, unless solely for impeachment, identifying the subjects of the information;
(B) a copy of, or a description by category and location of, all discoverable documents, data compilations, electronically stored
information, and tangible things in the possession, custody, or control of the party supporting its claims or defenses, unless solely for
impeachment;
(C) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under
Rule 34 all discoverable documents or other evidentiary material on which such computation is based, including materials bearing on
the nature and extent of injuries suffered; and .
(D) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business
may be liable to satisfy part or all of a judgment which may be entered in the case or to indemnify or reimburse for payments made to
satisfy the judgment. Unless otherwise stipulated by the parties or ordered by the court, the disclosures required by Subdivision (a)(1)
shall be made within 14 days after the meeting of the parties under Subdivision (f). Unless otherwise stipulated by the parties or
ordered by the court, a party joined after the meeting of the parties shall make these disclosures within 30 days after being served. A
party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures
because the party has not fully completed the investigation of the case or because the party challenges the sufficiency of another
party's disclosures or because another party has not made disclosures.

(a)(2) Exemptions.
(A) The requirements of Subdivision (a)(1) and Subdivision (f) do not apply to actions:
(i) based on contract in which the amount demanded in the pleadings is $ 20,000 or less;
(ii) for judicial review of adjudicative proceedings or rule making proceedings of an administrative agency;
(iii) governed by Rule 65B or Rule 65C;
(iv) to enforce an arbitration award;
(v) for water rights general adjudication under Title 73, Chapter 4; and.
(vi) in which any party not admitted to practice law in Utah is not represented by counsel.
(B) In an exempt action, the matters subject to disclosure under subpart (a)(1) are subject to discovery under subpart (b).

(a)(3) Disclosure of expert testimony.


(A) A party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703,
or 705 of the Utah Rules of Evidence.

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(B) Unless otherwise stipulated by the parties or ordered by the court, this disclosure shall, with respect to a witness who is retained or
specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert
testimony, be accompanied by a written report prepared and signed by the witness or party. The report shall contain the subject matter
on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary
of the grounds for each opinion; the qualifications of the witness, including a list of all publications authored by the witness within the
preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has
testified as an expert at trial or by deposition within the preceding four years.
(C) Unless otherwise stipulated by the parties or ordered by the court, the disclosures required by Subdivision (a)(3) shall be made
within 30 days after the expiration of fact discovery as provided by Subdivision (d) or, if the evidence is intended solely to contradict or
rebut evidence on the same subject matter identified by another party under paragraph (3)(B), within 60 days after the disclosure made
by the other party.

(a)(4) Pretrial disclosures. A party shall provide to other parties the following information regarding the evidence that it may present at
trial other than solely for impeachment:
(A) the name and, if not previously provided, the address and telephone number of each witness, separately identifying witnesses the
party expects to present and witnesses the party may call if the need arises;
(B) the designation of witnesses whose testimony is expected to be presented by means of a deposition and, if not taken
stenographically, a transcript of the pertinent portions of the deposition testimony; and.
(C) an appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those
which the party expects to offer and those which the party may offer if the need arises. Unless otherwise stipulated by the parties or
ordered by the court, the disclosures required by Subdivision (a)(4) shall be made at least 30 days before trial. Within 14 days
thereafter, unless a different time is specified by the court, a party may serve and file a list disclosing (i) any objections to the use under
Rule 32(a) of a deposition designated by another party under subparagraph (B) and (ii) any objection, together with the grounds
therefor, that may be made to the admissibility of materials identified under subparagraph (C). Objections not so disclosed, other than
objections under Rules 402 and 403 of the Utah Rules of Evidence, shall be deemed waived unless excused by the court for good
cause shown.

(a)(5) Form of disclosures. Unless otherwise stipulated by the parties or ordered by the court, all disclosures under paragraphs (1), (3)
and (4) shall be made in writing, signed and served.

(a)(6) Methods to discover additional matter. Parties may obtain discovery by one or more of the following methods: depositions upon
oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or
other property, for inspection and other purposes; physical and mental examinations; and requests for admission.

(b) Discovery scope and limits. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is
as follows:

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(b)(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in
the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other
party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things
and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information
sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible
evidence.

(b)(2) A party need not provide. discovery of electronically stored information from sources that the party identifies as not reasonably
accessible because of undue burden or cost. The party shall expressly make any claim that the source is not reasonably accessible,
describing the source, the nature and extent of the burden, the nature of the information not provided, and any other information that
will enable other parties to assess the claim. On motion to compel discovery or for a protective order, the party from whom discovery is
sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court
may order discovery from such sources if the requesting party shows good cause, considering the limitations of subsection (b)(3). The
court may specify conditions for the discovery.

(b)(3) Limitations. The frequency or extent of use of the discovery methods set forth in Subdivision (a)(6) shall be limited by the court if
it determines that:
(A) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient,
less burdensome, or less expensive;
(B) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or .
(C) the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations
on the parties' resources, and the importance of the issues at stake in the litigation. The court may act upon its own initiative after
reasonable notice or pursuant to a motion under Subdivision (c).

(b)(4) Trial preparation: Materials. Subject to the provisions of Subdivision (b)(5) of this rule, a party may obtain discovery of documents
and tangible things otherwise discoverable under Subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or
for another party or by or for that other party's representative (including the party's attorney, consultant, surety, indemnitor, insurer, or
agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and
that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering
discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental
impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party.
Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter
previously made by that person. If the request is refused, the person may move for a court order. The provisions of Rule 37(a)(4) apply
to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (A) a written
statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and
contemporaneously recorded.
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(b)(5) Trial preparation: Experts.
(A) A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If a report is
required under Subdivision (a)(3)(B), any deposition shall be conducted within 60 days after the report is provided.
(B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in
anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b)
or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or
opinions on the same subject by other means.
(C) Unless manifest injustice would result,
(i) The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery
under Subdivision (b)(5) of this rule; and .
(ii) With respect to discovery obtained under Subdivision (b)(5)(A) of this rule the court may require, and with respect to discovery
obtained under Subdivision (b)(5)(B) of this rule the court shall require, the party seeking discovery to pay the other party a fair portion
of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

(b)(6) Claims of privilege or protection of trial preparation materials.


(A) Information withheld. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the
documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the privilege or protection.
(B) Information produced. If information is produced in discovery that is subject to a claim of privilege or of protection as trial-
preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After
being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or
disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a
determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve
it. The producing party must preserve the information until the claim is resolved.

(c) Protective orders. Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the
movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court
action, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court
in the district where the deposition is to be taken may make any order which justice requires to protect a party or person from
annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(1) that the discovery not be had;
(2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;
(3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
(4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;
(5) that discovery be conducted with no one present except persons designated by the court;
(6) that a deposition after being sealed be opened only by order of the court;

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(7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a
designated way;
(8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by
the court. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order
that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation
to the motion.

(d) Sequence and timing of discovery. Except for cases exempt under Subdivision (a)(2), except as authorized under these rules, or
unless otherwise stipulated by the parties or ordered by the court, a party may not seek discovery from any source before the parties
have met and conferred as required by Subdivision (f). Unless otherwise stipulated by the parties or ordered by the court, fact discovery
shall be completed within 240 days after the first answer is filed. Unless the court upon motion, for the convenience of parties and
witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party
is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

(e) Supplementation of responses. A party who has made a disclosure under Subdivision (a) or responded to a request for discovery
with a response is under a duty to supplement the disclosure or response to include information thereafter acquired if ordered by the
court or in the following circumstances:

(e)(1) A party is under a duty to supplement at appropriate intervals disclosures under Subdivision (a) if the party learns that in some
material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise
been made known to the other parties during the discovery process or in writing. With respect to testimony of an expert from whom a
report is required under Subdivision (a)(3)(B) the duty extends both to information contained in the report and to information provided
through a deposition of the expert.

(e)(2) A party is under a duty seasonably to amend a prior response to an interrogatory, request for production, or request for admission
if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information
has not otherwise been made known to the other parties during the discovery process or in writing.

(f) Discovery and scheduling conference. The following applies to all cases not exempt under Subdivision (a)(2), except as otherwise
stipulated or directed by order.

(f)(1) The parties shall, as soon as practicable after commencement of the action, meet in person or by telephone to discuss the nature
and basis of their claims and defenses, to discuss the possibilities for settlement of the action, to make or arrange for the disclosures
required by Subdivision (a)(1), to discuss any issues relating to preserving discoverable information and to develop a stipulated
discovery plan. Plaintiff's counsel shall schedule the meeting. The attorneys of record shall be present at the meeting and shall attempt
in good faith to agree upon the discovery plan.

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(f)(2) The plan shall include:
(A) what changes should be made in the timing, form, or requirement for disclosures under Subdivision (a), including a statement as to
when disclosures under Subdivision (a)(1) were made or will be made;
(B) the subjects on which discovery may be needed, when discovery should be completed, whether discovery should be conducted in
phases and whether discovery should be limited to particular issues;
(C) any issues relating to preservation, disclosure or discovery of electronically stored information, including the form or forms in which
it should be produced;
(D) any issues relating to claims of privilege or of protection as trial-preparation material, including -- if the parties agree on a procedure
to assert such claims after production -- whether to ask the court to include their agreement in an order;
(E) what changes should be made in the limitations on discovery imposed under these rules, and what other limitations should be
imposed;
(F) the deadline for filing the description of the factual and legal basis for allocating fault to a non-party and the identity of the non-party;
and .
(G) any other orders that should be entered by the court.

(f)(3) Plaintiff's counsel shall submit to the court within 14 days after the meeting and in any event no more than 60 days after the first
answer is filed a proposed form of order in conformity with the parties' stipulated discovery plan. The proposed form of order shall also
include each of the subjects listed in Rule 16(b)(1)-(8), except that the date or dates for pretrial conferences, final pretrial conference
and trial shall be scheduled with the court or may be deferred until the close of discovery. If the parties are unable to agree to the terms
of a discovery plan or any part thereof, the plaintiff shall and any party may move the court for entry of a discovery order on any topic on
which the parties are unable to agree. Unless otherwise ordered by the court, the presumptions established by these rules shall govern
any subject not included within the parties' stipulated discovery plan.

(f)(4) Any party may request a scheduling and management conference or order under Rule 16(b).

(f)(5) A party joined after the meeting of the parties is bound by the stipulated discovery plan and discovery order, unless the court
orders on stipulation or motion a modification of the discovery plan and order. The stipulation or motion shall be filed within a
reasonable time after joinder.

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(g) Signing of discovery requests, responses, and objections. Every request for discovery or response or objection thereto made by a
party shall be signed by at least one attorney of record or by the party if the party is not represented, whose address shall be stated.
The signature of the attorney or party constitutes a certification that the person has read the request, response, or objection and that to
the best of the person's knowledge, information, and belief formed after reasonable inquiry it is: (1) consistent with these rules and
warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any
improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (3) not
unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in
controversy, and the importance of the issues at stake in the litigation. If a request, response, or objection is not signed, it shall be
stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection,
and a party shall not be obligated to take any action with respect to it until it is signed. If a certification is made in violation of the rule,
the court, upon motion or upon its own initiative, shall impose upon the person who made the certification, the party on whose behalf
the request, response, or objection is made, or both, an appropriate sanction, which may include an order to pay the amount of the
reasonable expenses incurred because of the violation, including a reasonable attorney fee.

(h) Deposition where action pending in another state. Any party to an action or proceeding in another state may take the deposition of
any person within this state, in the same manner and subject to the same conditions and limitations as if such action or proceeding
were pending in this state, provided that in order to obtain a subpoena the notice of the taking of such deposition shall be filed with the
clerk of the court of the county in which the person whose deposition is to be taken resides or is to be served, and provided further that
all matters arising during the taking of such deposition which by the rules are required to be submitted to the court shall be submitted to
the court in the county where the deposition is being taken.

(i) Filing.
(i)(1) Unless otherwise ordered by the court, a party shall not file disclosures or requests for discovery with the court, but shall file only
the original certificate of service stating that the disclosures or requests for discovery have been served on the other parties and the
date of service. Unless otherwise ordered by the court, a party shall not file a response to a request for discovery with the court, but
shall file only the original certificate of service stating that the response has been served on the other parties and the date of service.
Except as provided in Rule 30(f)(1), Rule 32 or unless otherwise ordered by the court, depositions shall not be filed with the court.

(i)(2) A party filing a motion under Subdivision (c) or a motion under Rule 37(a) shall attach to the motion a copy of the request for
discovery or the response which is at issue.
URCP 100 Coordination of cases pending in district court and juvenile court.

(a) Notice to the court. In a case in which child custody, child support or parent time is an issue, all parties have a continuing duty to
notify the court:
(a)(1) of a case in which a party or the party's child is a party to or the subject of a petition or order involving child custody, child support
or parent time;
(a)(2) of a criminal or delinquency case in which a party or the party's child is a defendant or respondent;
(a)(3) of a protective order case involving a party regardless whether a child of the party is involved. The notice shall be filed with a
party's initial pleading or as soon as practicable after the party becomes aware of the other case. The notice shall include the case
caption, file number and name of the judge or commissioner in the other case.

(b) Communication among judges and commissioners. The judge or commissioner assigned to a case in which child custody, child
support or parent time is an issue shall communicate and consult with any other judge or commissioner assigned to any other pending
case involving the same issues and the same parties or their children. The objective of the communication is to consider the feasibility
of consolidating the cases before one judge or commissioner or of coordinating hearings and orders.

(c) Participation of parties. The judges and commissioners may allow the parties to participate in the communication. If the parties have
not participated in the communication, the parties shall be given notice and the opportunity to present facts and arguments before a
decision to consolidate the cases.

(d) Consolidation of cases.


(d)(1) The court may consolidate cases within a county under Rule 42.
(d)(2) The court may transfer a case to the court of another county with venue or to the court of any county in accordance with Utah
Code Section 78B-3-309.
(d)(3) If the district court and juvenile court have concurrent jurisdiction over cases, either court may transfer a case to the other court
upon the agreement of the judges or commissioners assigned to the cases.

(e) Judicial reassignment. A judge may hear and determine a case in another court or district upon assignment in accordance with CJA
Rule 3-108(3).
URCP 101 Motion practice before court commissioners.

(a) Written motion required. An application to a court commissioner for an order shall be by motion which, unless made during a
hearing, shall be made in accordance with this rule. A motion shall be in writing and state succinctly and with particularity the relief
sought and the grounds for the relief sought.

(b) Time to file and serve. The moving party shall file the motion and attachments with the clerk of the court and obtain a hearing date
and time. The moving party shall serve the responding party with the motion and attachments and notice of the hearing at least 14
calendar days before the hearing. A party may file and serve with the motion a memorandum supporting the motion. If service is more
than 90 days after the date of entry of the most recent appealable order. service may not be made through counsel.

(c) Response; reply. The responding party shall file and serve the moving party with a response and attachments at least 5 business
days before the hearing. A party may file and serve with the response a memorandum opposing the motion. The moving party may file
and serve the responding party with a reply and attachments at least 3 business days before the hearing. The reply is limited to
responding to matters raised in the response.

(d) Attachments; objection to failure to attach.


(d)(1) As used in this rule "attachments" includes all records, forms, information and affidavits necessary to support the party's position.
Attachments for motions and responses regarding alimony shall include income verification and a financial declaration. Attachments for
motions and responses regarding child support and child custody shall include income verification, a financial declaration and a child
support worksheet. A financial declaration shall be verified.
(d)(2) If attachments necessary to support the moving party's position are not served with the motion, the responding party may file and
serve an objection to the defect with the response. If attachments necessary to support the responding party's position are not served
with the response, the moving party may file and serve an objection to the defect with the reply. The defect shall be cured within 2
business days after notice of the defect or at least 2 business days before the hearing, whichever is earlier.

(e) Courtesy copy. Parties shall deliver to the court commissioner a courtesy copy of all papers filed with the clerk of the court within the
time required for filing with the clerk. The courtesy copy shall state the name of the court commissioner and the date and time of the
hearing.

(f) Late filings; sanctions. If a party files or serves papers beyond the time required in subsections (b) or (c), the court commissioner
may hold or continue the hearing, reject the papers, impose costs and attorney fees caused by the failure and by the continuance, and
impose other sanctions as appropriate.

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(g) Counter motion. Opposing a motion is not sufficient to grant relief to the responding party. An application for an order may be raised
by counter motion. This rule applies to counter motions except that a counter motion shall be filed and served with the response. The
response to the counter motion shall be filed and served no later than the reply. The reply to the response to the counter motion shall
be filed and served at least 2 business days before the hearing. A separate notice of hearing on counter motions is not required.

(h) Limit on hearing. The court commissioner shall not hold a hearing on a motion before the deadline for an appearance by the
respondent under Rule 12.

(i) Limit on order to show cause. An application to the court for an order to show cause shall be made only for enforcement of an
existing order or for sanctions for violating an existing order. An application for an order to show cause must be supported by affidavit or
other evidence sufficient to show cause to believe a party has violated a court order.

(j) Motions to judge. The following motions shall be to the judge to whom the case is assigned: motion for alternative service; motion to
waive 90-day waiting period; motion to waive divorce education class; motion for leave to withdraw after a case has been certified as
ready for trial; and motions in limine. A court may provide that other motions be to the judge.

(k) Objection to court commissioner’s recommendation. A recommendation of a court commissioner is the order of the court until
modified by the court. A party may object to the recommendation by filing an objection in the same manner as filing a motion under
Rule 7 within ten days after the recommendation is made in open court or, if the court commissioner takes the matter under
advisement, ten days after the minute entry of the recommendation is served. A party may respond to the objection in the same manner
as responding to a motion.
UCJA 4-509 Court-appointed parent coordinator.

(1) Role of the parent coordinator.


(1)(A) Upon court order, a parent coordinator may be appointed to serve in child custody and parent-time disputes. The parent
coordinator's role is to consult with the parties and make recommendations directly to the parents about how the children's needs can
best be served. The role of the parent coordinator is like that of the mediator in that the parent coordinator seeks to elicit cooperation
and agreement between the parents. Using his or her expertise in child development, however, the parent coordinator also, after
hearing the parents' perceptions and thoughts, offers advice and guidance with regard to specific decisions. With the help of the parent
coordinator, the parents then create, revise, or clarify their parenting plan, as defined in the Utah Code.
(1)(B) The function of the parent coordinator is to make suggestions to the parties that are in the best interests of the children and are
solutions and compromises that the parents can accept and implement. The parent coordinator is expected to use his/her insight,
training, and therapeutic skill to diffuse conflict and stimulate appropriate parental communication. The length and frequency of parent
consultation sessions will depend on the number of unresolved issues and both parents' desire for guidance. The parents may use this
service on an as-needed basis as problems arise, even after a settlement has been reached.
(1)(C) The role of the parent coordinator is not primarily investigative, although the parent coordinator may meet and/or interview the
children briefly during the course of the consultation process. Suggestions will not be binding upon the parties, and will not be sent to
the court or others unless both parents agree to their dissemination and sign written releases to that effect. Involvement of a parent
coordinator is best suited for parties who can respectfully exchange ideas and who can benefit from independent professional advice in
areas where they disagree. If a viable parenting plan is established through work with the parent coordinator, the parents may stipulate
to a custody and parent-time agreement, and thereby avoid active involvement of the court.

(2) Term and condition of consultation.


(2)(A) The order appointing the parent coordinator shall address:
(i) the minimum number of visits, not to be less than 4 hours of face to face joint consultation, with the parent coordinator, unless the
formal parenting plan is finalized sooner;
(ii) responsibility for payment of the parent coordinator's fees; and .
(iii) any limitations on the role of the parent coordinator.
(2)(B) Termination of the services shall not excuse either party's responsibility for fees already incurred.

(3) Content of consultation.


The parent coordinator may consult with the parties on a wide variety of issues related to child custody/parent-time as well as other
needs of the children. The focus will be the developmental and other needs of the children. The goal will be to preserve relationships
and protect the children from the disruption and conflict that can occur with divorce. Specific topics that may be covered include:
(3)(A) methods of communication between the parents;
(3)(B) responsibility of each parent regarding decision-making and delivery of care;
(3)(C) methods of resolving conflict or disagreement without child involvement;

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(3)(D) ways in which the parents can support the child's relationship with the other parent;
(3)(E) parental agreement and consistency regarding the parents' expectations of the child and discipline techniques;
(3)(F) dates and times of pick-up and delivery;
(3)(G) parent-time during vacations and holidays;
(3)(H) method of pick-up and delivery;
(3)(I) transportation to and from each other's home;
(3)(J) selection of child care and baby-sitting;
(3)(K) adherence to special diet, clothing, bedtime, and recreational requirements;
(3)(L) child's participation in recreational and other activities with each parent;
(3)(M) notification of other parent when surrogate care is needed;
(3)(N) selection of surrogate care;
(3)(O) alterations in the parent time schedule;
(3)(P) participation of relatives and friends during parent-time;
(3)(Q) execution of daily routines;
(3)(R) adherence to conditions for parent-time (e.g., supervision by a third party, drug monitoring, etc.);
(3)(S) school attendance;
(3)(T) selection of school;
(3)(U) access to information about the child (e.g., from school, physician);
(3)(V) step-parent issues;
(3)(W) administration of medication; and .
(3)(X) any other issues as agreed upon by the parties.

(4) Qualifications.
To be eligible to serve as a parent coordinator, the person must have the following minimum qualifications:
(4)(A) Social workers who have completed graduate level coursework in child development and hold the designation of Licensed
Clinical Social Worker in this state.
(4)(B) Doctoral level psychologists who have completed graduate level coursework in child development and are licensed as a
psychologist in this state.
(4)(C) Physicians who have completed graduate level coursework in child development, are board certified in psychiatry, and are
licensed as a physician in this state.
(4)(D) Marriage and family therapists who have completed graduate level coursework in child development and hold the designation of
Licensed Marriage and Family Therapist in this state.
(4)(E) A court-appointed parent coordinator must have:
(i) at least 3 years of post-licensure clinical practice substantially focused on child/marital/family therapy; and .
(ii) a working familiarity with child custody/parent-time law and the ethical issues involved in custody matters.

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(4)(F) Beginning in 2012, a court-appointed parent coordinator must have at least 18 hours of continuing education during the previous
3 years and every 3 years thereafter. Training should include the following topics:
(i) conflict resolution theory and techniques;
(ii) mediation;
(iii) child development and psychology;
(iv) adjustment to divorce;
(v) domestic relations law;
(vi) dynamics of domestic violence; and .
(vii) associated safety and intervention considerations.
(4)(G) In areas of the state where there is a shortage of services, a professional who meets the requirements outlined above in (4)(A) -
(4)(D) may be appointed as a parent coordinator in up to 10 cases before being required to meet the remaining qualifications.

(5) Impartiality.
(5)(A) A parent coordinator shall maintain impartiality in the process of parenting coordination. Impartiality means freedom from
favoritism or bias in word, action, or appearance, and includes a commitment to assist all parties, as opposed to any one individual.
(5)(B) A parent coordinator shall withdraw if the parent coordinator determines he or she cannot act in an impartial or objective manner.
(5)(C) A parent coordinator shall neither give nor accept a gift, favor, loan or other item of value from any party having an interest in the
parenting coordination process. During the parenting coordination process, a parent coordinator shall not solicit or otherwise attempt to
procure future professional services or positions from which the parent coordinator may profit.
(5)(D) A parent coordinator shall not coerce or improperly influence any party to make a decision.
(5)(E) A parent coordinator shall not intentionally or knowingly misrepresent or omit any material fact, law or circumstance in the
parenting coordination process.
(5)(F) A parent coordinator shall not accept any engagement, provide any service or perform any act outside the role of parent
coordinator that would compromise the parent coordinator's integrity or impartiality in the parenting coordination process.

(6) Conflict of interest.


(6)(A) A parent coordinator shall not serve in a matter that presents a clear conflict of interest.
(6)(B) A conflict of interest arises when any relationship between the parent coordinator and the participants or the subject matter of the
dispute compromises or appears to compromise a parent coordinator's impartiality.
(6)(C) A parent coordinator shall disclose potential conflicts of interest to the parties and counsel of record as soon as practical after a
parent coordinator becomes aware of the interest or relationship giving rise to the potential conflict.
(6)(D) After appropriate disclosures, the parent coordinator may serve with the written agreement of all parties and, if court ordered, the
approval of the court. However, if a conflict of interest clearly impairs a parent coordinator's impartiality, the parent coordinator shall
withdraw regardless of the expressed agreement of the parties.
(6)(E) During the parenting coordination process, a parent coordinator shall not create a conflict of interest by providing any services to
interested parties that are not directly related to the parenting coordination process.

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(6)(F) A parent coordinator may make referrals to other professionals to work with the family, but shall avoid actual or apparent conflicts
of interest by referrals. No commissions, rebates, or similar remuneration shall be given or received by a parent coordinator for
parenting coordination or other professional referrals.

(7) Dual roles.


(7)(A) A parent coordinator shall not serve in dual sequential roles.
(7)(B) A parent coordinator shall not serve in multiple roles in a case that creates a professional conflict.
(i) A mediator or custody evaluator shall be cautious about becoming a parent coordinator in the same case, even with the consent of
the parties, because of the differences in the role and potential impact of the role change.
(ii) A parent coordinator shall not become a custody evaluator either during or after the term of a parent coordinator's involvement with
the family.
(iii) A parent coordinator shall not be appointed after serving as a therapist or consultant or serve in another mental health role to any
family member.
(iv) A parent coordinator shall not become a therapist or consultant or serve in any other mental health role to any family member,
either during or after the term of the parent coordinator's involvement.
(7)(C) In some contexts (rural communities) it may not be possible to avoid multiple relationships between the parent coordinator and
the family involved in parent coordination, attorneys for the case or the judge involved in the proceedings. In these cases the parent
coordinator shall disclose to relevant parties any relationships that might likely lead to impaired objectivity or decreased competence
and effectiveness. The parent coordinator shall inform relevant parties of the potential negative consequences of such multiple
relationships and seek to minimize these consequences by either withdrawing or limiting the tasks they agree to undertake.

(8) Communications and confidentiality.


(8)(A) All suggestions made to the parties should occur in joint sessions.
(8)(B) Bearing in mind that the role of a parent coordinator is not primarily investigative, the parent coordinator may, nevertheless,
communicate with the guardian ad litem attorney, if one is appointed, but shall only communicate with any third persons (including
teachers, physicians, clergy, therapists or other extended family members) with the express written permission of both parties and only
to the extent necessary to obtain information that the parties agree can be most reliably obtained in that fashion. The parent coordinator
may meet and/or interview the children with the express written permission of the parents or the guardian ad litem attorney (if
appointed) as part of the consultation process if the parent coordinator believes that such action will aid in issuing appropriate
suggestions.
(8)(C) Unless otherwise agreed by the parties, all oral or written communications between the parent coordinator and the parties, other
than a formal parenting plan and the quarterly status report, are deemed confidential and may not be released unless agreed to by both
parties.
(8)(D) Nothing in this rule excuses mandatory reporting requirements pursuant to Utah law, federal law, and/or other professional
reporting requirements.

(9) Agreements and enforcement.

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(9)(A) Any formal parenting plan agreed to by the parties and drafted by the parent coordinator shall be reduced to a written document
and forwarded to the parties, their attorneys, and the guardian ad litem attorney (if one is appointed).
(9)(B) Parent coordinators shall notify the court of the status of the parent coordinator process, on a form provided by the court, at three
month intervals or earlier upon termination.

UCJA 4-903 Uniform custody evaluations.

(1) Custody evaluations shall be performed by persons with the following minimum qualifications:
(1)(A) Social workers who hold the designation of Licensed Clinical Social Worker or equivalent license by the state in which they
practice may perform custody evaluations within the scope of their licensure.
(1)(B) Doctoral level psychologists who are licensed by the state in which they practice may perform custody evaluations within the
scope of their licensure.
(1)(C) Physicians who are board certified in psychiatry and are licensed by the state in which they practice may perform custody
evaluations within the scope of their licensure.
(1)(D) Marriage and family therapists who hold the designation of Licensed Marriage and Family Therapist (Masters level minimum) or
equivalent license by the state in which they practice may perform custody evaluations within the scope of their licensure.

(2) Every motion or stipulation for the performance of a custody evaluation shall include:
(2)(A) the name, address, and telephone number of each evaluator nominated, or the evaluator agreed upon;
(2)(B) the anticipated dates of commencement and completion of the evaluation and the estimated cost of the evaluation;
(2)(C) specific factors, if any, to be addressed in the evaluation.

(3) Every order requiring the performance of a custody evaluation shall:


(3)(A) require the parties to cooperate as requested by the evaluator;
(3)(B) restrict disclosure of the evaluation's findings or recommendations and privileged information obtained except in the context of
the subject litigation or other proceedings as deemed necessary by the court;
(3)(C) assign responsibility for payment;
(3)(D) specify dates for commencement and completion of the evaluation;
(3)(E) specify any additional factors to be addressed in the evaluation;
(3)(F) require the evaluator to provide written notice to the court, counsel and parties within five business days of completion (of
information-gathering) or termination of the evaluation and, if terminated, the reason;
(3)(G) require counsel or parties to schedule a settlement conference with the court and the evaluator within 45 days of notice of
completion or termination unless otherwise directed by the court so that evaluator may issue a verbal report; and
(3)(H) require that any parting wanting a written custody evaluation to be prepared give written notice to the evaluator after the
settlement conference.

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(4) In divorce cases where custody is at issue, one evaluator may be appointed by the court to conduct an impartial and objective
assessment of the parties and submit a written report to the court. When one of the prospective custodians resides outside of the
jurisdiction of the court, two individual evaluators may be appointed. In cases in which two evaluators are appointed, the court will
designate a primary evaluator. The evaluators must confer prior to the commencement of the evaluation to establish appropriate
guidelines and criteria for the evaluation and shall submit only one joint report to the court.

(5) The purpose of the custody evaluation will be to provide the court with information it can use to make decisions regarding custody
and parenting time arrangements that are in the child's best interest. This is accomplished by assessing the prospective custodians'
capacity to parent, the developmental, emotional, and physical needs of the child, and the fit between each prospective custodian and
child. Unless otherwise specified in the order, evaluators must consider and respond to each of the following factors:
(5)(A) the child's preference;
(5)(B) the benefit of keeping siblings together;
(5)(C) the relative strength of the child's bond with one or both of the prospective custodians;
(5)(D) the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted;
(5)(E) factors relating to the prospective custodians' character or status or their capacity or willingness to function as parents, including:
(i) moral character and emotional stability;
(ii) duration and depth of desire for custody;
(iii) ability to provide personal rather than surrogate care;
(iv) significant impairment of ability to function as a parent through drug abuse, excessive drinking or other causes;
(v) reasons for having relinquished custody in the past;
(vi) religious compatibility with the child;
(vii) kinship, including in extraordinary circumstances stepparent status;
(viii) financial condition; and .
(ix) evidence of abuse of the subject child, another child, or spouse; and .
(5)(F) any other factors deemed important by the evaluator, the parties, or the court.

(6) In cases in which specific areas of concern exist such as domestic violence, sexual abuse, substance abuse, mental illness, and the
evaluator does not possess specialized training or experience in the area(s) of concern, the evaluator shall consult with those having
specialized training or experience. The assessment shall take into consideration the potential danger posed to the child's custodian and
the child(ren).

(7) In cases in which psychological testing is employed as a component of the evaluation, it shall be conducted by a licensed
psychologist who is trained in the use of the tests administered, and adheres to the ethical standards for the use and interpretation of
psychological tests in the jurisdiction in which he or she is licensed to practice. If psychological testing is conducted with adults and/or
children, it shall be done with knowledge of the limits of the testing and should be viewed within the context of information gained from
clinical interviews and other available data. Conclusions drawn from psychological testing should take into account the inherent
stresses associated with divorce and custody disputes.
UCJA 4-906 Guardian ad litem program.

(1) Guardian ad Litem Oversight Committee. The Committee shall:


(1)(A) develop and monitor policies of the Office of the Guardian ad Litem to:
(i) ensure the independent and professional representation of a child-client and the child's best interest; and .
(ii) ensure compliance with federal and state statutes, rules and case law;
(1)(B) recommend rules of administration and procedure to the Judicial Council and Supreme Court;
(1)(C) select the Director of the Office of the Guardian ad Litem in consultation with the State Court Administrator;
(1)(D) develop a performance plan for the Director;
(1)(E) monitor the Office's caseload and recommend to the Judicial Council adequate staffing of guardians ad litem and staff;
(1)(F) develop standards and procedures for hearing and deciding complaints and appeals of complaints; and .
(1)(G) hear and decide complaints and appeals of complaints as provided in this rule.

(2) Qualifications of the director. The Director shall have the qualifications provided by the Utah Code.

(3) Responsibilities of the director. In addition to responsibilities under the Utah Code, the Director shall have the following
responsibilities.
(3)(A) Manage the Office of Guardian ad Litem to ensure that minors who have been appointed a guardian ad litem by the court receive
qualified guardian ad litem services.
(3)(B) Develop the budget appropriation request to the legislature for the guardian ad litem program.
(3)(C) Coordinate the appointments of guardians ad litem among different levels of courts.
(3)(D) Monitor the services of the guardians ad litem, staff and volunteers by regularly consulting with users and observers of guardian
ad litem services, including judges, court executives and clerks, and by requiring the submission of appropriate written reports from the
guardians ad litem.
(3)(E) Determine whether the guardian ad litem caseload in Judicial Districts 1, 5, 6, 7, and 8 is best managed by full or part time
employment or by contract.
(3)(F) Select guardians ad litem and staff for employment as provided in this rule. Select volunteers. Coordinate appointment of conflict
counsel.
(3)(G) Supervise, evaluate, and discipline guardians ad litem and staff employed by the courts and volunteers. Supervise and evaluate
the quality of service provided by guardians ad litem under contract with the court.
(3)(H) Monitor and report to the Committee guardian ad litem, staff and volunteer compliance with federal and state statutes, rules and
case law.
(3)(I) Prepare and submit to the Committee in August an annual report regarding the development, policy, and management of the
guardian ad litem program and the training and evaluation of guardians ad litem, staff and volunteers. The Committee may amend the
report prior to release to the Legislative Interim Human Services Committee.

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(4) Qualification and responsibilities of guardian ad litem. A guardian ad litem shall be admitted to the practice of law in Utah and shall
demonstrate experience and interest in the applicable law and procedures. The guardian ad litem shall have the responsibilities
established by the Utah Code.

(5) Selection of guardian ad litem for employment.


(5)(A) A guardian ad litem employed by the Administrative Office of the Courts is an at-will employee subject to dismissal by the
Director with or without cause.
(5)(B) A guardian ad litem employed by the Administrative Office of the Courts shall be selected by the Director. Prior to the Director
making a selection, a panel shall interview applicants and make hiring recommendations to the Director. The interview panel shall
consist of the Director (or Director's designee) and two or more of the following persons:
(i) the managing attorney of the local guardian ad litem office;
(ii) the trial court executive of the district court or juvenile court;
(iii) a member of the Committee;
(iv) a member of the Utah State Bar Association selected by the Director; or .
(v) a member selected by the Director.

(6) Conflicts of interest and disqualification of guardian ad litem.


(6)(A) In cases where a guardian ad litem has a conflict of interest, the guardian ad litem shall declare the conflict and request that the
court appoint a conflict guardian ad litem in the matter. Any party who perceives a conflict of interest may file a motion with the court
setting forth the nature of the conflict and a request that the guardian ad litem be disqualified from further service in that case. Upon a
finding that a conflict of interest exists, the court shall relieve the guardian ad litem from further duties in that case and appoint a conflict
guardian ad litem.
(6)(B) The Administrative Office of the Courts may contract with attorneys to provide conflict guardian ad litem services.
(6)(C) If the conflict guardian ad litem is arranged on a case-by-case basis, the Court shall use the order form approved by the Council.
The Order shall include a list of the duties of a guardian ad litem. The court shall distribute the Order as follows: original to the case file
and one copy each to: the appointed conflict guardian ad litem, the guardian ad litem, all parties of record, the parents, guardians or
custodians of the child(ren), the court executive and the Director.
(6)(D) A conflict guardian ad litem's compensation shall not exceed $ 50 per hour or $ 1000 per case in any twelve month period,
whichever is less. Under extraordinary circumstances, the Director may extend the payment limit upon request from the conflict
guardian ad litem. The request shall include justification showing that the case required work of much greater complexity than, or time
far in excess of, that required in most guardian ad litem assignments. Incidental expenses incurred in the case shall be included within
the limit. If a case is appealed, the limit shall be extended by an additional $ 400.

(7) Staff and volunteers.


(7)(A) The Director shall develop a strong volunteer component to the guardian ad litem program and provide support for volunteer
solicitation, screening and training. Staff and volunteers shall have the responsibilities established by the Utah Code.

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(7)(B) Training for staff and volunteers shall be conducted under the supervision of the attorney guardian ad litem with administrative
support provided by the Director. Staff and volunteers shall receive training in the areas of child abuse, child psychology, juvenile and
district court procedures and local child welfare agency procedures. Staff and volunteers shall be trained in the guidelines established
by the National Court Appointed Special Advocate Association.

(8) Private guardians ad litem.


(8)(A) The Director shall maintain a list of guardians ad litem qualified for appointment. The Director shall provide the list to district court
judges upon request.
(8)(B) To be included on the list a guardian ad litem shall:
(i) apply for inclusion;
(ii) be a member in good standing with the Utah State Bar;
(iii) file permission and fingerprints for screening by the FBI and BCI;
(iv) be screened against the DCFS Child Abuse Data Base and the like data base of any state in which the appointee has resided;
(v) complete initial and continuing training requirements established by the Director;
(vi) file a monthly report on assigned cases in a format approved by the Director;
(vii) be evaluated at the discretion of the Director for competent performance and minimum qualifications.
(8)(C) Upon the appointment by the court of a guardian ad litem, the court shall:
(i) use the following language in its order: "The Court appoints a private attorney guardian ad litem to be assigned by the Office of
Guardian ad Litem, to represent the best interests of the minor child(ren) in this matter."; and .
(ii) send the order to the Director c/o the Private Attorney Guardian ad Litem Program.
(8)(D) Upon receipt of the court's order appointing a guardian ad litem, the Director shall contact and assign the case to an eligible
attorney.
(8)(E) Upon accepting the court's appointment, the assigned attorney shall file a notice of appearance with the court within five
business days of acceptance, and shall thereafter represent the best interests of the minor(s) until released by the court.

(9) Complaints and appeals.


(9)(A) (i) Any person may file with the chair of the Committee a complaint regarding the Director, or regarding an administrative policy or
procedure, not including complaints regarding a particular guardian ad litem, private guardian ad litem, or volunteer. The Committee
shall enter a recommendation to the Judicial Council, which may include discipline of the Director.
(ii) If a complaint regarding the Director or an administrative policy or procedure is received in the Director's office, the Director shall
forward the complaint to the chair of the Committee within a reasonable time, but not more than 14 days after receipt.
(9)(B) Any person may file with the Director a complaint regarding a guardian ad litem, private guardian ad litem, or volunteer. The
decision of the Director regarding the complaint is final and not subject to appeal.
(9)(C) If a guardian ad litem and a volunteer disagree on the major decisions involved in representation of the client, either may notify
the Director that the dispute cannot be resolved. The decision of the Director regarding the dispute is final and not subject to appeal.
(9)(D) The failure of the Director to satisfactorily resolve a complaint against a guardian ad litem, private guardian ad litem or volunteer
is not grounds for a complaint against the Director.

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(9)(E) The Director may remove with or without a complaint a private guardian ad litem from the list of private guardians ad litem for
failure to perform in a competent manner or for failure to meet minimum qualifications. The private guardian ad litem may appeal in
writing the Director's decision to the chair of the Committee within 30 days after receiving notice of the decision.
(9)(F) (i) A complaint shall be in writing, stating the name and contact information of the complainant, the name of the child or children
involved, the nature of the complaint and the facts upon which the complaint is based. -
(ii) In resolving a complaint or appeal, the Director or the Committee shall conduct such investigation as the Director or the Committee
determines to be reasonable. The Director or the Committee may meet separately or together with the complainant and the person
against whom the complaint is filed.
(iii) The decision of the Director may include discipline of the person against whom the complaint is filed. If the complaint is against a
private guardian ad litem, the decision may include removal of the private guardian ad litem from the list of private guardians ad litem
and the conditions for reinstatement.
(9)(G) This subsection does not apply to conflict guardians ad litem.
URE 201 Judicial notice of adjudicative facts.

(a) Scope of rule. This rule governs only judicial notice of adjudicative facts.

(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the
territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot
reasonably be questioned.

(c) When discretionary. A court may take judicial notice, whether requested or not.

(d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.

(e) Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial
notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been
taken.

(f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.

(g) Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a
criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.
URE 504 Lawyer-client.

(a) Definitions. As used in this rule:


(a)(1) A "client" is a person, including a public officer, or corporation, association, or other organization or entity, either public or private,
who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services.
(a)(2) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
(a)(3) A "representative of the lawyer" is one employed to assist the lawyer in a rendition of professional legal services.
(a)(4) A "representative of the client" is one having authority to obtain professional legal services, or to act on advice rendered pursuant
thereto, on behalf of the client, or one specifically authorized to communicate with the lawyer concerning a legal matter.
(a)(5) A "communication" includes advice given by the lawyer in the course of representing the client and includes disclosures of the
client and the client's representatives to the lawyer or the lawyer's representative incidental to the professional relationship.
(a)(6) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is in
furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the
communication.

(b) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential
communications made for the purpose of facilitating the rendition of professional legal services to the client between the client and the
client's representatives, lawyers, lawyer's representatives, and lawyers representing others in matters of common interest, and among
the client's representatives, lawyers, lawyer's representatives, and lawyers representing others in matters of common interest, in any
combination.

(c) Who may claim the privilege. The privilege may be claimed by the client, the client's guardian or conservator, the personal
representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other
organization, whether or not in existence. The person who was the lawyer at the time of the communication is presumed to have
authority to claim the privilege on behalf of the client.

(d) Exceptions. No privilege exists under this rule:


(d)(1) Furtherance of crime or fraud. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to
commit what the client knew or reasonably should have known to be a crime or fraud; or
(d)(2) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the
same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction; or
(d)(3) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to the client or by
the client to the lawyer; or
(d)(4) Document attested by lawyer. As to a communication relevant to an issue concerning a document to which the lawyer is an
attesting witness; or
(d)(5) Joint clients. As to a communication relevant to a matter of common interest between two or more clients if the communication
was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.
URE 506 Physician and mental health therapist-patient.

(a) Definitions. As used in this rule:


(a)(1) "Patient" means a person who consults or is examined or interviewed by a physician or mental health therapist.
(a)(2) "Physician" means a person licensed, or reasonably believed by the patient to be licensed, to practice medicine in any state.
(a)(3) "Mental health therapist" means a person who is or is reasonably believed by the patient to be licensed or certified in any state as
a physician, psychologist, clinical or certified social worker, marriage and family therapist, advanced practice registered nurse
designated as a registered psychiatric mental health nurse specialist, or professional counselor while that person is engaged in the
diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction.

(b) General rule of privilege. If the information is communicated in confidence and for the purpose of diagnosing or treating the patient,
a patient has a privilege, during the patient's life, to refuse to disclose and to prevent any other person from disclosing (1) diagnoses
made, treatment provided, or advice given, by a physician or mental health therapist, (2) information obtained by examination of the
patient, and (3) information transmitted among a patient, a physician or mental health therapist, and persons who are participating in
the diagnosis or treatment under the direction of the physician or mental health therapist, including guardians or members of the
patient's family who are present to further the interest of the patient because they are reasonably necessary for the transmission of the
communications, or participation in the diagnosis and treatment under the direction of the physician or mental health therapist.

(c) Who may claim the privilege. The privilege may be claimed by the patient, or the guardian or conservator of the patient. The person
who was the physician or mental health therapist at the time of the communication is presumed to have authority during the life of the
patient to claim the privilege on behalf of the patient.

(d) Exceptions. No privilege exists under this rule:


(d)(1) Condition as element of claim or defense. As to a communication relevant to an issue of the physical, mental, or emotional
condition of the patient in any proceeding in which that condition is an element of any claim or defense, or, after the patient's death, in
any proceedings in which any party relies upon the condition as an element of the claim or defense;
(d)(2) Hospitalization for mental illness. For communications relevant to an issue in proceedings to hospitalize the patient for mental
illness, if the mental health therapist in the course of diagnosis or treatment has determined that the patient is in need of hospitalization;
(d)(3) Court ordered examination. For communications made in the course of, and pertinent to the purpose of, a court-ordered
examination of the physical, mental, or emotional condition of a patient, whether a party or witness, unless the court in ordering the
examination specifies otherwise.
URE 701 Opinion testimony by lay witnesses.

If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or
inferences which are (a) rationally based on the perception of the witness, (b) helpful to a clear understanding of the witness' testimony
or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule
702.

URE 702 Testimony by experts.

(a) Subject to the limitations in subsection (b), if scientific, technical, or other specialized knowledge will assist the trier of fact to
understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or
education, may testify thereto in the form of an opinion or otherwise.

(b) Scientific, technical, or other specialized knowledge may serve as the basis for expert testimony if the scientific, technical, or other
principles or methods underlying the testimony meet a threshold showing that they (i) are reliable, (ii) are based upon sufficient facts or
data, and (iii) have been reliably applied to the facts of the case.

(c) The threshold showing required by subparagraph (b) is satisfied if the principles or methods on which such knowledge is based,
including the sufficiency of facts or data and the manner of their application to the facts of the case, are generally accepted by the
relevant expert community.

URE 703 Bases of opinion testimony by experts.

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known
to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or
inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.
Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the
court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial
effect.
URE 704 Opinion on ultimate issue.

(a) Except as provided in subparagraph (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of fact.

(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or
inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or
of a defense thereto. Such ultimate issues are matters for the trier of fact alone.

URE 705 Disclosure of facts or data underlying expert opinion.

The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data,
unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-
examination.

URE 706 Court-appointed experts.

(a) Appointment. The court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses
should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon
by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the
witness consents to act. A witness so appointed shall be informed of the witness' duties by the court in writing, a copy of which shall be
filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the
parties of the witness' findings, if any; the witness' deposition may be taken by any party; and the witness may be called to testify by the
court or any party. The witness shall be subject to cross-examination by each party, including a party calling the witness.

(b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The
compensation thus fixed is payable from funds which may be provided by law in criminal cases and civil actions and proceedings
involving just compensation under the Fifth Amendment. In other civil actions and proceedings the compensation shall be paid by the
parties in such proportion and at such time as the court direct, and thereafter charged in like manner as other costs.

(c) Disclosure of appointment. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court
appointed the expert witness.

(d) Parties' experts of own selection. Nothing in this rule limits the parties in calling expert witnesses of their own selection.
URE 801 Definitions.

The following definitions apply under this article:

(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an
assertion.

(b) Declarant. A "declarant" is a person who makes a statement.

(c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence
to prove the truth of the matter asserted.

(d) Statements which are not hearsay. A statement is not hearsay if:
(d)(1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the
statement and the statement is (A) inconsistent with the declarant's testimony or the witness denies having made the statement or has
forgotten, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of
recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or
(d)(2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual
or a representative capacity, or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by
a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant
concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by
a coconspirator of a party during the course and in furtherance of the conspiracy.

URE 802 Hearsay rule.

Hearsay is not admissible except as provided by law or by these rules.


URE 803 Hearsay exceptions; availability of declarant immaterial.

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the
event or condition or immediately thereafter.

(2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement
caused by the event or condition.

(3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion,
sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a
statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or
terms of declarant's will.

(4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and
describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or
external source thereof insofar as reasonably pertinent to diagnosis or treatment.

(5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has
insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when
the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be
read into evidence but may not itself be received as an exhibit unless offered by an adverse party.

(6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events,
conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in
the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the
memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by
certification that complies with Rule 902(11), Rules 902(12), or a statute permitting certification, unless the source of information or the
method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes
business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(7) Absence of entry in records kept in accordance with the provisions of paragraph (6). Evidence that a matter is not included in the
memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of Paragraph (6), to prove the
nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation
was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting
forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a
duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in
civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made
pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.

(9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report
thereof was made to a public office pursuant to requirements of law.

(10) Absence of public record or entry. To prove the absence of a record, report, statement, or data compilation, in any form, or the
nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation in any form, was regularly made
and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that
diligent search failed to disclose the record, report, statement, or data compilation, or entry.

(11) Records of religious organization. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or
marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.

(12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or
other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices
of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a
reasonable time thereafter.

(13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts,
engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in
property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports
to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of
that kind in that office.

(15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect
an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the
document was made have been inconsistent with the truth of the statement or the purport of the document.

MORE 
(16) Statements in ancient documents. Statements in a document in existence twenty years or more the authenticity of which is
established.

(17) Market reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations,
generally used and relied upon by the public or by persons in particular occupations.

(18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert
witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine,
or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or
by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.

(19) Reputation concerning personal or family history. Reputation among members of a person's family by blood, adoption, or
marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death,
legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

(20) Reputation concerning boundaries or general history. Reputation in a community arising before the controversy, as to boundaries
of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or
nation in which located.

(21) Reputation as to character. Reputation of a person's character among associates or in the community.

(22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of
nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact
essential to sustain the judgment, but not including, when offered by the prosecution in a criminal prosecution for purposes other than
impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect
admissibility.

(23) Judgment as to personal, family or general history, or boundaries. Judgments as proof of matters of personal, family or general
history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.
URE 804 Hearsay exceptions; declarant unavailable.

(a) Definition of unavailability. "Unavailability as a witness" includes situations in which the declarant:
(a)(1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's
statement; or
(a)(2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; or .
(a)(3) testifies to a lack of memory of the subject matter of the declarant's statement; or .
(a)(4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or .
(a)(5) is absent from the hearing and the proponent of the declarant's statement has been unable to procure the declarant's attendance
by process or other reasonable means.
A declarant is not unavailable as a witness if the exemption, refusal, claim of lack of memory, inability, or absence is due to the
procurement or wrongdoing of the proponent of the declarant's statement for the purpose of preventing the witness from attending or
testifying.

(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:
(b)(1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition
taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered,
or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct,
cross, or redirect examination.
(b)(2) Statement under belief of impending death. In a civil or criminal action or proceeding, a statement made by a declarant while
believing that the declarant's death was imminent, if the judge finds it was made in good faith.
(b)(3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or
proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant
against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.
A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the trustworthiness of the statement.
(b)(4) Statement of personal or family history. (A) A statement concerning the declarant's own birth, adoption, marriage, divorce,
legitimacy, relationship by blood, adoption or marriage, ancestry, or other similar fact of personal or family history, even though the
declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and
death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated
with the other's family as to be likely to have accurate information concerning the matter declared.
URE 805 Hearsay within hearsay.

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an
exception to the hearsay rule provided in these rules.

URE 806 Attacking and supporting credibility of declarant.

When a hearsay statement, or a statement defined in Rule 801(d)(2), (C), (D), or (E), has been admitted in evidence, the credibility of
the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if
declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's
hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the
party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the
declarant on the statement as if under cross-examination.

URE 807 Other exceptions.

A statement not specifically covered by Rule 803 or Rule 804 but having equivalent circumstantial guarantees of trustworthiness is not
excluded by the hearsay rule if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is
more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts;
and (C) the general purpose of these rules and the interests of justice will best be served by admission of the statement into evidence.
However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party
sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's
intention to offer the statement and the particulars of it, including the name and address of the declarant.
CASE LAW
A Jurisdiction, continuing
Admissions, deeming, withdrawing
Alleged father L
Last minute motions
B Law of the case doctrine
Best interest of child
P
C Parentage (formerly: paternity)
Child desires Parental presumption
Child protective orders Parent time, schedule
Child witness, children’s statements, children’s presence Post-judgment orders & modifications
Cohabitant abuse Prior bad acts
Custody of children, parenting plan Private GAL
Custody, parenting plan, re-introduction Privilege
Custody, joint
Custody, non-parent S
Criminal Proceedings Standing
Subpoenas, quashing
D
Discovery T
District case, role Termination of parental rights by district court
Trust funds
F
Fees V
Victim rights
G
Grandparent visitation W
Guardian ad Litem Witness, expert
Guardianship

J
Judicial bias
Judicial notice
BEST PRACTICE FOR ARGUING THE LAW AND THE FACTS.

r Best practice for arguing the law. Begin with the law: constitutional provisions (if they’re at issue), then the statute and court rules.
Case law is argued when it is relevant and current. Pearson v. Pearson, 2008 UT 24, ¶ 38, 182 P.3d 353. (Durham, C.J. dissenting)
(“questions should be resolved with statutory answers prior to recourse to either common law solutions or constitutional review.”).

Admissions, deeming, withdrawing

Governed by Utah R. Civ. P. 36(b). Note that if your inaction results in the inadvertent deeming of admissions, the proper
remedy under this rule is to move to withdraw the deemed admissions.

Alleged father

Governed by Utah Code Ann. § 78B-15-101 (Utah Uniform Parentage Act).

In re K.G., 2009 UT App 116 ¶ 3 (relatives other than the parents have no standing, no right to notice, nor right to adjudication of
severance of any asserted right).

In re D.A., 2009 UT 68, ¶ 52, 222 P.3d 1172 (where child was more than six months of age at time of placement, alleged father
entitled to hearing to determine whether he had established a substantial relationship sufficient to entitle him to notice and consent to
adoption).

Best Interest of Child

Utah Code Ann. § 30-3-32 - Legislative Policy

Utah Code Ann. § 30-3-34 - Best Interest Rebuttable Presumption

Hutchison, 649 P.2d 38, (parental presumption must be addressed prior to addressing BIOC)
C

Child desires.

In domestic cases, governed by Utah Code Ann. § 30-3-10 (court “may” take into account child’s desires, but desires not
controlling, desires of child over 16 “shall” be given added weight, but not controlling factor). Obviously where a GAL has been
appointed, a court has already made a preliminary decision that the Child’s best interests are not being adequately protected by the
parents or by parents’ counsel.

Child protective orders.

Governed by Utah Code Ann. § 78B-7-201.

J.P. v. M.C., 2009 UT App 46, ¶ 5 (affirming protective order against a father, where father was not the abuser (abuser was child
of paramour), but he nevertheless failed to protect).

Child witness, children’s statements, children’s presence.

In district court domestic cases, governed by Utah Code Ann. § 30-3-10(1)(c) (child may not be required to testify unless
extenuating circumstances); Utah Code Ann. § 30-3-10 (in camera interviews to determine desires “shall” be done in camera, prior
consent not necessary).

Cohabitant abuse.

Governed by Utah Code Ann. § 78B-7-101 (allows for court to make orders regarding custody, appointment of GAL, other
relief).

Custody of children, parenting plan.

Governed by Utah Code Ann. § 30-3-10 (applies to fit parents). Consider arguing that appointment of GAL constitutes
preliminary rebuttal of parental presumption.
Governed by Utah Code Ann. § 30-3-10.9 (objectives, required provisions); Utah Code Ann. § 30-3-10.10 (court required to
consider evidence of domestic violence and to make appropriate provisions); Utah Code Ann. § 30-3-32 (intent and policy, again
presupposes that parents retain parental presumption, also rebuttable upon preponderance of evidence of “real harm” or “substantiated
potential harm”); Utah Code Ann. § 30-3-34, -35, -35.5, (parent time schedule). Again, consider arguing that fact of your appointment
constitutes preliminary rebuttal of parental presumption.

Carsten v. Carsten, 2007 UT App 174, ¶ 5, 164 P.3d 429 (custody award is not about awarding or punishing parties who act in
offensive or immoral ways).

Custody, parenting plan, re-introduction.

Governed by Utah Code Ann. § 30-3-36 (reintroduction where child lacks appropriate bond). (Contrast this with definition of
abandonment and prima facie case of abandonment where lack of contact constitutes grounds to terminate rights. Utah Code Ann. §
78A-6-507(1)(a); -508(1). See Goldstein, et al, The Best Interests of the Child at pp. 81-82 (arguing that abandonment, whether
voluntary or involuntary, has the same effect on a child).

Custody, joint.

Governed by Utah Code Ann. § 30-3-10.2 (note that joint custody factors are not likely to co-exist when circumstances call for
appointment of GAL. For instance, fact of appointment suggests parents cannot cooperate and can’t be expected to act in child’s best
interests).

Custody, non-parent.

Utah Code Ann. § 30-5a-101 (hint, since this already requires a finding of abuse or neglect, it may be easier to seek relief in
juvenile court).

In re K.F., 2009 UT 4, ¶ 70, 201 P.3d 985 (where custody transferred to third party, even by stipulation, parental presumption is
rebutted).

In re J.W.F.(Schoolcraft), 799 P.2d 710, (standing to petition for custody).


Criminal Proceedings.

Governed by Utah Code Ann. § 78A-2-227 (re GAL’s participation in criminal proceedings).

State v. Harrison, 2001 UT 33, 24 P.3d 936 (role of GAL in criminal proceedings limited to representing child as victim/witness).
Harrison, combined with section 78A-2-227 means that GAL representation is limited to those cases where GAL has already been
appointed in a related case and seeks to extend similar protections in the criminal arena.

Discovery

Governed by Utah R. Civ. P. 26 - 37.

Smith v. Smith, 1999 UT App 370, ¶ 8 & n.1, 995 P.2d 14 (Child, through GAL, could secure protective order over raw data upon
which custody evaluation was prepared based on affidavit that release of documents to parents would be damaging to child).

District case role:

Governed by Utah Code Ann. § 78A-2-227; -228. In District court cases, the court “shall” to the extent possible, bifurcate out
the GAL issues to minimize the time constraints on the GAL office, and, absent a compelling reason, issue a final order on those issues
within a year.

The GAL’s appointment can be terminated if the allegations of abuse and neglect are unfounded or if, based on the GAL’s input,
the court determines that the children are no long at risk of abuse or neglect, or the case has been inactive for six months.

GAL is tasked to:


• represent the child’s best interests.
• conduct or supervise an ongoing independent investigation to obtain first-hand a clear understanding of the situation and
needs of the child.
• interview witnesses and review relevant records, including medical, psychological, and school records.
• personally meet with the minor unless the minor is out of state or meeting would be detrimental.
• personally interview the minor unless the minor is not old enough to communicate, or the minor lacks capacity to
participate in a meaningful interview, or the interview would be detrimental.
• to the extent possible, determine the minor’s goals and concerns re custody and visitation.
F

Fees:

Governed by Utah Code Ann. §78A-2-227.

Grandparent visitation.

Governed by Utah Code Ann. § 30-5-1 (grandparent visitation act). Note that statute implicates constitutional right that a
parent’s decisions are deemed to be in a child’s best interests.

Uzelac v. Thurgood, 2006 UT 46, ¶ 28 & n.5 (affirming Utah’s grandparent visitation statute from constitutional challenge by
interpreting it such that third party seeking visitation must rebut parental presumption by clear and convincing evidence).

Troxel v. Granville, 530 U.S. 47, 66 (2000) (holding that statutes granting third parties right to visitation must be interpreted in
light of parental presumption that a fit parent’s decisions are deemed in the child’s best interests).

Guardian ad litem

For protective order, governed by Utah Code Ann. § 78B-7-202(4) (court “may” appoint a GAL for child who is subject of
petition).

For other proceedings where abuse, sexual abuse or neglect is alleged. Utah Code Ann. § 78A-2-227 (GAL “may” be
appointed where abuse, sexual abuse or neglected is alleged in any proceeding).

In general, governed by governed by Utah R. Civ. P. 17(b) (minors must appear by general guardian or an appointed guardian
ad litem).

In re A.D., 2000 UT App 216, ¶¶ 7-9, 6 P.3d 1137 (defining GAL’s role as attorney); Utah R. Prof. Conduct 3.7 (proper for court
to quash subpoena for Guardian, proper for court not to consider GAL’s recommendations as evidence because lawyer cannot
simultaneously be advocate and witness).

In re D.W., 2004 UT App 246, ¶ 6 (reasonable for court to assume that Guardian ad Litem’s position reflected desires of child).
Guardianship

Governed by Utah Code Ann. § 78A-6-105(17) (definition of guardianship); Utah Code Ann. § 75-5-401 (probate code
provisions for protection of minor).

In re V.K.S., 2003 UT App 13, ¶ 12, 63 P.3d 1284 (where a probate court order results in a guardianship via parental consent
under the Uniform Probate Code, the parent may seek to terminate the guardianship without having to re-establish the parental
presumption). But see Davis v. Davis, 2001 UT App 225, ¶¶ 10-11, 29 P.3d 676, (determining that divorce decree that included a
stipulation that maternal grandparent would have custody resulted in a loss of parental presumption). This case was cited approvingly
in In re K.F., 2009 UT 4, ¶ 70, 201 P.3d 985.

Judicial bias.

Governed by Utah R. Civ. P. 63 (disqualification of judge); Utah R. Jud. Admin. 12 (code of judicial conduct).

In re M.L., 965 P.2d 551, 556 (1988) (bias cannot be inferred based on prior adverse rulings).

In re Affidavit of Bias, 947 P.2d 1152, 1153 (judges presumed to be qualified).

Judicial notice.

Governed by Utah R. Evid. 201.

Jurisdiction, continuing.

Utah Code Ann. § 30-3-5(3) (court has continuing jurisdiction to modify child custody decisions); Utah Code Ann. § 78B-13-101
(UCCJEA).
L

Last minute motions.

Governed by Utah R. Civ. P. 26 (governing court’s discretion to set cut off dates for discovery and pre trial motions).

Tshaggeny v. Milbank Ins., 2007 UT 37, ¶ 17, 163 P.3d 615 (trial court does not abuse its discretion when it denies as untimely
motions made on the eve of trial).

Law of the case doctrine.

In re A.M.K., 2009 UT App 198, ¶ 20, 216 P.3d 980 (while a decision made at one stage of the case is binding on subsequent
stages, court is nevertheless free to re-visit a decision).

Parduhn v. Bennett, 2005 UT 22, ¶ 21, 112 P.3d 495 (law of the case is that issue resolved in one stage of case is binding on
successive stages of case, absent intervening order).

Parentage (formerly, paternity).

Governed by the Uniform Parentage Act, Utah Code Ann. § 78B-15-201(1) (note that this limits who may challenge parentage
or dis-establish parentage, that it separates biological parentage from legal parentage, it allows for only one presumed father, and it
grants no standing to an alleged father save in an action to establish paternity).

In re D.A., 2009 UT 68, ¶ 52, 222 P.3d 1172 (where child was more than six months of age at time of placement, alleged father
entitled to hearing to determine whether he had established a substantial relationship).

Pearson v. Pearson, 2008 UT 24, ¶ 18, 182 P.3d 353 (marital father should not be subject to attacks on his paternity, even
where marriage ends in divorce).

In re J.W.F.(Schoolcraft), 799 P.2d 710, (paramount to protect marriage stability and protect children from disruptive and
unnecessary attacks on paternity).
In the matter of the Guardianship of A.S., 2007 UT App 72 (applies laches to belated paternity claim).

Marchland, 2006 UT App 429 and Irizarry, 893 P.2d 1107 (applies estoppel to paternity claims)

Parental presumption

Troxel v. Granville, 530 U.S. 57, 66 (2000) (sourcing parent’s right to care, custody and control in the bill of rights as well as the
due process clause).

Parham v. J.R., 442 U.S. 584, 602 (1979) (parents’ decisions presumed to be in child’s best interest).

Santosky v. Kramer, 455 U.S. 745, 766-67 (1982) (adjudication by clear and convincing evidence sufficient to rebut this
presumption).

In re K.F., 2009 UT 4, ¶ 70, 201 P.3d 985 (parental presumption rebutted whenever neglect, dependency or abuse petition
adjudicated or where custody lost to third party in custody proceeding).

Uzelac v. Thurgood, 2006 UT 46, ¶ 13, 144 P.3d 1083 (parents’ child-rearing decision generally entitled to deference, third party
visitation must use clear and convincing evidence to rebut parental presumption).

Davis v. Davis, 2001 UT App 225, ¶¶ 10-11, 29 P.3d 676, (determining that divorce decree that included a stipulation that
maternal grandparent would have custody resulted in a loss of parental presumption).

Hutchison, 649 P.2d 38, (a parent is a fortiori not entitled to the parental presumption if would be subject to termination of his
parental rights)

Hutchison, 649 P.2d 38 (parental presumption may be rebutted if all three characteristics which give rise to the presumption are
lacking - lists the characteristics)

Hutchison, 649 P.2d 38, (parental presumption must be addressed prior to reaching BIOC).
Parent time, schedule.

Governed by Utah Code Ann. § 30-3-5 (court “shall” consider best interest in determining parenting time); Utah Code Ann. § 30-
3-35; Utah Code Ann. § 30-3-35.5 (again, these statutes contemplate the fit parent), Utah Code Ann. §30-3-37 (relocation).

Post judgment orders and modifications.

Governed by Utah R. Civ. P. 59, 60.

Gillett v. Price, 2006 UT 24, ¶ 8, 135 P.3d 861 (refusing to recognize motions to reconsider).

Jensen v. Schwendiman, 744 P.2 1026, 1027 (Utah 1987) (to prevail on motion to stay pending appeal, must show likelihood to
succeed on merits; irreparable injury; no substantial harm to other interested parties; and that stay would not harm public interest).

Prior bad acts.

Governed by Utah R. Evid. 404(b) (evidence of prior bad acts inadmissible to show propensity).

State v. Widdison, 2000 UT App 185, ¶¶ 31-33, 4 P.3d 100 (prior bad acts admissible in child abuse cases to show lack of
mistake, accident).

Private GALs

Governed by Utah Code Ann. § 30-3-11(court “may” appoint counsel for child if such is in best interests).

Governed by Utah Code Ann. § 78A-2-227 (court “may” appoint an attorney GAL where child abuse, sexual abuse or neglect is
alleged). See hb 69.

Governed by Utah Code Ann. § 78A-2-228.

May be appointed where “custody of or visitation with a minor is at issue.” The GAL office certifies the private GAL, but may not
employ the private GAL or have the private GAL be under contract.
Where a private-GAL case ends up with an allegation of abuse, neglect or dependency, the court shall determine whether best
interests dictate continuing the appointment or appointing GAL office.

Privilege

Governed by Utah R. Evid. 504 (absolute privilege protecting disclosure of confidential lawyer-client communications,
conditioned only by legislative subpoena); Utah Code Ann. § 78A-6-902(11) (GAL records confidential, but subject to legislative
subpoena); Utah R. Evid. 506 (absolute privilege protecting disclosure of confidential medical or psychotherapist communications, few
exceptions); Utah R. Civ. P. 26 (re protective orders for sensitive material); Utah R. Juv. P. 45(e) (court may limit inspection of child’s
records by pro se parent); Utah R. Prof. Conduct 1.6(a) (lawyer shall not reveal information relating to representation of a client).

State v. Worthen, 2009 UT 79, 222 P.3d 1144 (criminal defendant can get court to make in camera review of child’s therapy
records where child’s emotional or mental condition is element of defendant’s claim or defense).

Smith v. Smith, 1999 UT App 370 ¶ 14, 995 P.2d 14 (GAL may appropriately seek protective order of child’s medical or mental
health records from parent).

Allen v. Dimeo, 2007 UT App 192, ¶ 6 (affidavits provided by GAL protected by absolute judicial proceedings privilege).

State v. Gotfrey, 598 P.2d 132, 1329 (psychotherapist-patient privilege founded on constitutional right to privacy), (beneficial
effects of therapeutic relationship cannot be achieved unless a sense of complete confidentiality.)

Debry v. Goates, 2000 UT App. 58, (applies requirement for in camera review before release of therapist records in the context
of a divorce matter). (Note: only applies if the person requesting the records can show with reasonable certainly that exculpatory
evidence exists which is favorable to his defense).

Standing

Jenkins v. Swan, 375 P.2d 1145 [**7] (traditional test for standing)
Jones v. Barlow, 2007 UT 20, ¶ 12, 154 P.3d 808 (party seeking relief must have a legally protectable interest under the statute
or the common law).

Gedo v. Rose, 2007 UT App 154 [*P9] (standing is jurisdictional requirement).

In re S.H., 2005 UT App 3234 ¶ 24, 119 P.3d 309. (Where alleged father failed to establish legal paternity, he had no standing
nor entitlement to receive notice of appointed counsel).

Subpoenas, quashing.

Governed by Utah R. Civ. P. 26(b)(3) (protection of attorney work product); Utah R. Prof. Conduct 1.6(a) (lawyer shall not reveal
information relating to representation of a client); Utah R. Prof Conduct 3.7 (lawyer cannot be advocate and witness).

In re A.J., 2005 UT App 147 ¶ 2 (court had discretion to keep child off witness and in custody dispute).

In re A.D., 2000 UT App 216, ¶ 10, 6 P.3d 1137 (juvenile court properly quashed subpoena to Guardian ad Litem).

Termination of parental rights by district court.

Governed by Utah Code Ann. § 78B-6-112 (district court may terminate parental rights to facilitate adoption of the child).

In re C.R.M., 2009 UT App 116, ¶ 8 (no right to counsel where termination is pursued in district court).

In re Doe, 2008 UT App 449, ¶ 13, 199 P.3d 368 (Davis, J., concurring) (noting that adoption code contains objective as well as
subjective factors (i.e., parenting plan) to establish paternity and that this requirement may have constitutional implications).

Trust funds.

Shinkoskey v. Shinkoskey, 2001 UT App 44, ¶ 15, 19 P.3d 1005 (trial court had jurisdiction as well as discretion to order Father
to repay funds misappropriated from children’s UTMA trust funds).
V

Victim rights.

Governed by Utah Const. art. I, § 28(1)(a) (right of crime victim to be treated with fairness, respect and dignity); Utah Code Ann.
§ 77-37-1(1) (crime victims rights to be treated with dignity, respect, courtesy and sensitivity, rights protected no less vigorously than
those of defendants); Utah Code Ann. § 77-37-1(2) (children victims / witnesses right to receive “additional consideration and different
treatment” to ensure their participation be conducted in most-effective, least-traumatic, intrusive or intimidating manner); Utah R. Crim.
P. 15.5(2) (providing for closed-circuit testimony of child victim witness younger than 14 years of age admissibility of recorded
statement of video child victim witness younger than 14 year of age).

Witness, expert.

Governed by Utah R. Evid. 702-706 (re expert witnesses); Utah R. Civ. P. 16 (re pretrial conferences); Utah R. Civ. P. 25
(disclosure of expert witnesses); Utah Code Ann. § 78B-1-151 (court may appoint expert witness and order payment); Utah R. Evid.
706(b) (same).

In re G.B., 2002 UT App 270 ¶ 20, 53 P.3d 963 (level of licensure has no bearing on whether court can properly qualify witness
as expert, issue was whether witness could assist court in resolving the issues before it).

In re R.M., 2001 UT App 403, ¶ 11, 38 P.3d 1006 (court may order party to pay costs of court-appointed expert, per Utah Code
Ann. § 78-46-44 ( now 78B-1-151)).
Utah Office of Guardian ad Litem
Best Practice Guidelines
For All Guardian ad Litem Attorneys
Appointed to Represent Children in Utah Courts

Utah attorneys taking on the role of Guardian ad Litem in the representation of children, whether working
within, for, or on behalf of the Office of Guardian ad Litem (UCA 78A-6-902) or as a Private Attorney Guardian ad
Litem (UCA 78A-2-228), must adhere to certain standards that serve and support the representation, needs, and
efficacy of child clients. Such standards manifest competence, effective performance, appropriate conduct, and
proficiency as a Guardian ad Litem. The following best practices are intended to be guidelines for attorneys
appointed by the courts to act as Guardians ad Litem (public or private) for children. Actual application of
particular practices and guidelines are subject to the professional discretion of the Attorney Guardian ad Litem,
depending on the type of court or proceeding involved, the specific age, maturity, or circumstances of the child,
and/or the specific circumstances of the case (e.g., distance and location of the child, type of placement, type of
treatment being provided, etc.); and depending on the attorney=s child-related caseload and particular case
demands (e.g., caseloads that exceed the recommended standard 100 child-client threshold, etc.).

A. Representing the Child

B. Meeting with the Child/Contact with the Child

C. Independent Investigation to Determine Best Interests

D. Respectful Conduct and Communication

E. Training
A. Representing the Child

1. A...[A]s far as reasonably possible, maintain a normal client-lawyer relationship with the client.@ URPC
1.14(a). While the GAL represents the Abest interests@ of the child, the GAL is the attorney actually representing
the child as a person and party in the case. USB Ethics Opinion #07-02.

2. Focus and direction in the case should always be on and in regard to the Abest interests,@ needs, and
well-being of the child client. It is the guardian ad litem’s duty to stand in the shoes of the child and to weigh the
factors as the child would weigh them if his judgment were mature and he was not of tender years.” Schoolcraft,
763 P.2d 1217 (Ut App. 1988).

3. Communicate the child=s wishes and perception to the Court in addition to presenting to the Court the
GAL=s determination of the child=s best interests.

4. Prepare, file, and review all necessary pleadings and proposed orders at all stages of the case in order
to protect and advance the best interests of the child. Prepare pleadings with clear and specific language,
especially as to needed services, treatments, evaluations, assessments, and protections for the child.

5. Personally represent the child in all court proceedings and personally, or (when in juvenile court)
through a CASA volunteer or trained staff person, attend all necessary meetings in relation to the child=s case.

6. GALs within the Office of Guardian ad Litem must direct all appeals to the Office=s Appellate GAL for
immediate attention and action. Conflict Attorney GALs and Private Attorney GALs must be familiar with the
appellate rules and are required to handle the appeals in relation to all cases assigned and do so in a timely and
expedient manner.

7. When applicable to the case, be familiar with local experts who can provide consultation and testimony
regarding:
a. DCFS=s reasonable and appropriate efforts to maintain the child in the home;
b. Reunification of the child with the parents;
c. Anything relevant and necessary to the child=s permanency, well-being, and best interests.
8. When reasonably possible, and if it is not detrimental to the child, personally or through a CASA or
trained staff person, keep the child advised of the status of the case and involve the child in all court
proceedings, discussions with and proposals made by other parties, court actions, and all treatment services to
be provided to the child.

9. The child=s presence in court proceedings.


a. Juvenile Court: The Achild has a right to be present at each hearing, subject to the discretion of the
guardian ad litem or the court regarding any possible detriment to the child.@ UCA 78A-6-317(2). Statutory
requirements and limitations in regard to the child=s presence (as well as the court=s mandatory responsibilities in
regard thereto) at post-adjudication hearings and shelter hearings are covered in UCA 78A-6-305 and 306.
Encourage and support the child=s attendance at court proceedings, unless you deem such attendance as being
detrimental to the child or when it would not be in the child=s best interest to attend court proceedings or any
portions thereof. You may need to remind the Court of it=s own statutory obligations in regard thereto. Make it
a practice to inform the court, on the record, why the child is not present in court or why the child should not be
present at a future proceeding. If the child should have been present in court and is not, ask the court for
appropriate orders to ensure the child=s presence at future court proceedings. Make efforts to ensure the child=s
experience of attending court is positive and meaningful.
b. District Court: District court proceedings often involve intense conflict between the parents and/or
relatives in regard to the custody for and/or parent time with the child. Children should be protected and
shielded from such conflict as much as possible; and therefore, a child=s attendance or presence at such
proceedings are highly discouraged. Some parents, relatives, or attorneys attempt to use the child to bolster
their case (e.g., subpoena to testify in court or at a deposition, etc.) without giving legitimate consideration for the
child=s safety and/or well-being, and it is up to the guardian ad litem to put any necessary protections in place.
Generally, a child cannot or should not be compelled to testify and should not be asked to give input to the judge
unless it is done in camera. See UCA Sec. 30-3-10(1) for specific limitations and parameters.

c. A private meeting with a verbal child client prior to any court hearing is most often appropriate and
helpful. This is a good opportunity to explain to the child the purpose of the hearing, answer the child=s
questions, and obtain useful information from the child.
10. Monitor, personally or through a CASA volunteer or trained staff, the implementation of juvenile court
service plans and dispositional orders to determine if court-ordered services are actually provided, provided in a
timely manner, and accomplishing intended goals.

11. Maintain current and accurate records in the applicable method developed by the Office, especially
as to the number of times the GAL has had contact with the child, what substantive information was discussed
with the child, and the actions taken in representing the child.

12. All conduct and communication should be stated and presented in a way and in a context that a)
supports and benefits the child’s needs, b) clearly advocates for the best interests of the child, and c) informs the
court of the child=s own desires, perspective, or position. Avoid conduct and communication that advocates for
another party. When possible, sit in a neutral location in the courtroom, and avoid conduct or communication that
shows blatant favoritism toward another party. When you talk or meet with the child=s parents, make reasonable
efforts to do so with both parents.

13. Within the context and for the purpose of doing what is in the best interest of each child client in
regard to their overall well-being, primary relationships, custody, permanency, and living arrangements (and a
multiplicity of other possible factors specific to each case), the following non-exclusive factors should be
considered as a general checklist when determining the best interests of the child:
a. The safety and well-being of the child.
b. The age and developmental level of the child.
c. The developmental, psychological, emotional, educational, and physical needs of the child, currently
and for the foreseeable future.
d. The nature and quality of the child=s relationship or attachment with the parents, caregivers, or
potential custodians; as well as the degree to which parents, caregivers or potential custodians support, when
appropriate, the child=s interaction or meaningful contact with the child=s extended family or other significant
persons.
e. The culture and ethnicity of the child.
f. The special or unique needs of the child (e.g., medical, dental, physical, educational, psychological,
emotional, etc.).
g. The benefit of keeping siblings together.
h. The child=s own perception, desires, and preferences.
i. The possible and most viable short and long-term residential placements available for the child.
j. The parent=s, caregiver=s, or prospective custodian=s conduct, character, behavior patterns, moral
standards, status, and capacity and willingness to parent the child.
k. Whether abusive behaviors are evident in the child=s familial relationships and injurious to the child
presently and/or likely to continue to be in the future (e.g., physical abuse; sexual abuse; psychological abuse;
physical, emotional or medical neglect, etc.).
l. The current and ongoing protections and/or treatments necessary for the child and/or for the parents
or potential caregivers or custodians in relation to the child.
m. Other best interest factors in regard to custody matters are found in U.C.A. Sec. 30-3-10 and 10.2,
as well as, U.R.J.A. Rule 4-903(5).

B. Meeting with the Child/Contact with Child

1. Make reasonable efforts to meet with the child at the outset of the case appointment or assignment
and, as reasonably necessary, during the pendency of the case (as is beneficial for the child and the child=s
case), unless to do so would be detrimental to the child. Initial meetings and/or interviews with the child client
should generally be done within sixty days (60) of the court appointment or case assignment and prior to any final
adjudicative or dispositional court proceeding substantively relevant to the child. In child protective-order
proceedings, the initial interview or meeting should be done as soon as is reasonably possible. Even if the child
is pre-verbal, meeting the child can still support the GAL in obtaining an independent assessment and clearer
understanding of the child and the child=s needs.

2. Frequency of contact with the child depends largely on the circumstances of the case and the needs of
the child. However, each child client should generally be meaningfully communicated with not less than every six
(6) months. If the child is pre-verbal, an initial contact may be sufficient, until circumstances warrant otherwise.
If the child has special needs that can be better met by your contact, more frequent, regular, or continued visits
may be in order. Certain events in the child=s experience may warrant your contact prior to or during the event:
such as a request for such contact, a change of the child=s placement, an upcoming hearing or trial, regular visits
with a child in a residential treatment or detention facility, etc.
3. Make reasonable efforts to meet at times, in places, and in ways that are Achild friendly@ and
meaningful, and that support and are consistent with the child=s age, needs and well-being. Meeting settings
may include the child=s home, school, your office, the courthouse, etc. The nature and types of contact may
include in-person meetings, telephone calls, email, or texting. Seek to build rapport with the child client in an
age-appropriate way and keep accurate records of any and all involvement with the child. An office meeting with
the child at the outset of the case may be supportive to the child=s understanding, in an age-appropriate way, of
the GAL=s role and relationship with the child; and the child=s understanding of the judge=s role, the court process,
proceedings, and case issues. It may also be advantageous in gathering information about the child by meeting
with foster parents, relatives, caretakers, caseworkers, and parents (with the consent of their attorney).

4. Explain, in an age-appropriate way, the meaning of confidentiality to the child. When you determine it
may be necessary to disclose to others what the child tells you in confidence, remember your ethical and
statutory obligations as an attorney. U.R.P.C., 1.4 and 1.6.

5. If reasonably possible to do so, establish routine practices with caseworkers, parents, care-providers,
and/or foster parents to schedule meeting appointments or contacts with the child.

6. Request court orders, if necessary, to require those with physical custody of the child to schedule a
meeting with you.

7. If the child is old enough to communicate, interview the child in an age-appropriate way. Seek to
know and understand from the child=s perspective, the child=s preferences, wishes, goals, and concerns in regard
to placement, custody, visitation, and other relevant case issues.

8. Considering the child=s best interests and in an age appropriate way, inform the child of what is
happening in the case or court proceedings and as to matters of the GAL representation, confidentiality,
necessary future communications, etc. Advise the child when your position of best interests conflicts with their
wishes or perspective and explain your position to them in an age-appropriate way. Advise the child of your
obligation and intention to report to the Court their wishes and perspective. It may be beneficial to the child to
encourage and empower them to speak for themselves in court or meetings.
9. Return client contacts made to you as soon as possible. If, for example, a telephone call from the
child cannot be returned within 24 hours of the receipt of the call message, let the client know when you will be
able to talk with them by leaving a detailed return message.

C. Independent Investigation to Determine Best Interests

1. Conduct or supervise an independent ongoing investigation in regard to the child in order to obtain a
first-hand, clear understanding of the situation and needs of the minor. See Section A.13 above.

2. Seek to obtain, whether informally or by use of discovery or motion practice, all relevant evidence and
useful collateral information, such as: child interviews, DCFS records, parent interviews or statements, experts
and professionals, witnesses, service providers, evaluations, assessments, medical records, school records,
police reports and criminal records, counseling and substance abuse records, CASA-collected information, court
records, etc.

3. Personally meet with the minor, personally interview the minor if the minor is old enough or able to
communicate, determine the minor=s goals and concerns regarding placement, and personally assess or
supervise an assessment of the appropriateness and safety of the child=s environment of each out-of-home
placement or custody arrangement.

4. When reasonably necessary, confirm or verify the accuracy of collateral information. Seek to obtain
original source documents and/or information from original source contacts.

5. Be open to new and relevant information which may assist in the determination of best interests of the
child. Seek out relevant information from collateral sources.

6. Be open and objective when gathering relevant and pertinent information until such time as it is
necessary to make a determination of best interests at each stage of an open case. Employ a willingness to
change your mind about best interests if new information suggests a need to do so for the benefit of the child
client.
7. The GAL should have “no other agenda than to determine what actually is in the best interests of the
child” and “shall investigate the case, especially as it affects the interests of the child, and present to the court an
independent determination of what court action would be in the best interests of the child.” Schoolcraft, at 1220.

D. Respectful Conduct/Communication

1. As an attorney and officer of the court, you are obligated to adhere to the “Utah Standards of
Professionalism and Civility” and engage in conduct “characterized at all times by personal courtesy and
professional integrity in the fullest sense of those terms;@ engage in conduct that exhibits “courtesy, candor and
cooperation;@ and treat all participants in all proceedings “in a courteous and dignified manner.@ Attorneys
“should avoid hostile, demeaning, or humiliating ...communications....” Threatening statements or behavior are
inappropriate. As a public servant, you have the added obligation to be respectful and courteous to those you
encounter.

2. When feasible, introduce yourself and explain your role in person or in writing to the parties and
important people in the case. Communicate with respect toward adverse parties and attorneys, even when there
is disagreement or discord. Agreements should be reduced to writing and/or stated clearly on the court record.

3. Seek to foster a collaborative approach with counsel, parents, caseworkers, etc., rather than an
adversarial approach.

4. Adversarial behaviors and communication, even when you may be “right” or feel justified in doing
so, may easily be contrary or counter-productive to your child-client’s needs or long-term relationships; or may
burn bridges with your own key, on-going working relationships (e.g., judges, attorneys, case-workers, therapists,
agencies, etc.).

5. Be sensitive to cultural differences and the cultural context of the child client and the child=s
family.
6. Return telephone calls or other correspondence from parties or case-related persons within a
timely manner and during business hours: generally within two business days. Written correspondence may
take longer depending on the circumstances. Voice messages should be accurate and helpful.

7. Give prior notice to case-related persons of your inability to attend meetings, of desired input,
desired follow-up information, etc. Hold and present yourself as an integral and trusted player in the case:
ultimately for the benefit of the children you represent.

8. Make sure counsel is present or that you have written authorization to talk to a represented
party. Even when you do have authorization, it is recommended that someone else be present with you to avoid
misrepresentations of the conversation.

E. Training

1. Regularly review and adhere to the specific and applicable statutory duties in UCA 78A-6-902 and/or
78A-2-228.

2. Be familiar with applicable and relevant Utah case law.

3. Be familiar with and regularly review the applicable sections of the NACC=s AChild Welfare Law &
Practice@ handbook (the ARed Book@) and be familiar with the National CASA Training Curriculum.

4. Seek to obtain a working knowledge of and have proficiency in child development and attachment,
interviewing of children, child abuse and neglect, substance abuse, domestic violence, and other child-related,
parent-related, or family-relationship topics.

5. Attend Office-sponsored or mandated trainings, seminars, and/or conferences.


SUMMARY OF MINIMUM AND HOLIDAY PARENT-TIME (Children 5 to 18 years of age)
Utah Code Ann. 30-3-32 through 30-3-35; Rev. July 1, 2010

Routine Schedule

Midweek Visits One weekday evening per week from the end of school or 5:30 p.m. to 8:30 p.m.
OR
If school is not in session, the election of a full day from 9 a.m. (or when the
custodial parent is available due to work schedule) until 8:30 p.m.

Alternate Weekends Friday from the end of school or 6:00 p.m. to Sunday at 7:00 p.m.
OR
If school is not in session from 9:00 a.m. on Friday (or when the custodial parent is available due to work schedule) until 7:00 p.m.
on Sunday. This will also include any snow days or school holidays in addition to the time listed. (i.e. if there is no school on
Friday, the weekend or holiday may begin at 9:00 a.m. even if school is in session.) Weekends include snow days, teacher
development days, or other days when school is not in session and which are contiguous to the weekend period.

Holidays

Mother’s Day With natural or adoptive mother 9:00 a.m. to 7:00 p.m. every year.

Father’s Day With natural or adoptive father 9:00 a.m. to 7:00 p.m. every year.

In General:

A) Holidays take precedence over weekend parent-time and changes shall not be made to the regular rotation of the alternating weekend parent-time
schedule.

B) If a holiday falls on a regularly scheduled school day, the non-custodial parent shall be responsible for the child’s attendance at school that day.

C) At the choosing of the non-custodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly
dismissed at the beginning of the holiday weekend until 7 pm on the last day of the holiday weekend. Holidays include snow days, teacher
development days, and other days when school is not scheduled, contiguous with the holiday period. (i.e. if there is no school on Friday, the holiday
may begin at 9 am)

D) The child’s birthday takes precedence over any other holiday or extended parent time except Mother’s Day and Father’s Day; birthdays do not take
precedence over uninterrupted parent time if the parent taking uninterrupted time takes the child away from the residence.
The children will spend these holidays with the non-custodial parent in:

Odd Numbered Years Even Numbered Years


• Martin Luther King Day (6 pm on Fri until Mon at 7 pm unless the holiday • President’s Day (6 pm on Fri until 7 pm on Mon unless the holiday extends
extends for a lengthier period of time to which the non-custodial parent is for a lengthier period of time to which the non-custodial parent is entitled)
entitled)
• Memorial Day (Fri 6 pm to Mon 7 pm, unless the holiday extends for a
• Spring break (6 pm on the day school lets out for the holiday until 7 pm lengthier period of time to which the non-custodial parent is entitled)
on the Sun before school resumes)
• July 24 (6 pm July 23 to 11 pm July 24 or no later than 6 pm on July 25 at the
• July 4 (6 pm July 3 to 11 pm July 4 or no later than 6 pm on July 5 at the option of the parent exercising the option)
option of the parent exercising the option)
• Columbus Day (6 pm day before to 7 pm on the day of the holiday)
• Labor Day (Fri 6 pm to Mon 7 pm, unless the holiday extends for a
lengthier period of time to which the non-custodial parent is entitled) • Halloween on Oct. 31 or the day Halloween is celebrated in the local
community (begin after school to 9 pm if on a school day or from 4-9 pm if
• Fall school break (UEA weekend)(Wed 6 pm to Sun 7 pm, unless the not; may not be extended)
holiday extends for a lengthier period of time to which the non-custodial
parent is entitled) • Thanksgiving (Wed 7 pm to Sun 7 pm)

• Veteran’s Day holiday (6 pm day before to 7 pm on the day of the holiday) • Christmas: the second half of Christmas school vacation beginning at 1 pm
on the day halfway through the holiday break if there are an odd number of
• Christmas: the first half of Christmas school vacation (including days or at 7 pm if there are an even number of days, so long as the entire
Christmas eve and day) beginning the evening of the last day of school holiday is equally divided.
before the break and ending at 1 pm on the day halfway through the
holiday break if there are an odd number of days or at 7 pm if there are an • Child’s birthday on birth date (3 pm until 9 pm); at the discretion of the non-
even number of days, so long as the entire holiday is equally divided. custodial parent, he/she may take other siblings along for the birthday

• Child’s birthday on day before or after the actual birth date (3 pm until 9
pm); at the discretion of the non-custodial parents, he/she may take other
siblings along for the birthday.
Extended Time Up to four consecutive weeks when school is not in session, at the option of the non-custodial parent including weekends normally
exercised by the non-custodial parent, but not holidays. 2 weeks uninterrupted for non-custodial parent and 2 weeks subject to
weekday parent time for the custodial parents, but not weekends except for holidays. Custodial parent allowed identical 2 weeks
uninterrupted when school is not in session. Notification of extended parent-time or vacation weeks with children shall be
provided in writing to other parent at least 30 days prior to the end of the school year. If notification is not timely provided the
complying parent may determine the schedule for the non-complying parent.

Travel For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:
• An itinerary of travel dates;
• Destinations;
• Places where the child or traveling parent can be reached; and
• The name and telephone number of an available third person who would be knowledgeable of the child’s location.
Unchaperoned travel of a child under the age of five years is prohibited.

Telephone Contact Telephone contact shall be at reasonable hours for reasonable duration.

Virtual Parent Time Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable
hours and for reasonable duration.

Special Circumstances When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the non-
custodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate
parent-time plan for the non-custodial parent.

Transportation A step-parent, grandparent, or other responsible adult designated by the non-custodial parent may pick up the child if the custodial
parent is aware of the identity and the parent will be with the child by 7:00 pm.
SUMMARY OF MINIMUM AND HOLIDAY PARENT-TIME (Children 0 to 5 years of age)
Utah Code Ann. 30-3-35.5 Rev. July 1, 2010

The non-custodial parent is entitled to the following parent-time:

0 to 5 months
• 6 hours per week total (preferably 3 parent-time periods)
• Custodial home, established childcare setting, other setting familiar to child
• 2 hours on holidays specified in 30-3-35 (preferably in the custodial home, a childcare setting, or familiar setting)
5 to 9 months
• 9 hours per week total (preferably 3 parent-time period)
• Custodial home, established childcare setting, other setting familiar to child
• 2 hours on holidays specified in 30-3-35 (preferably in the custodial home, a childcare setting, or familiar setting)
9 to 12 months
• One 8-hour visit per week
• One 3-hour visit per week
• 8 hours on holidays specified in 30-3-35
• Brief phone contact and other virtual parent time if equipment is available, at least twice per week
12 to 18 months
• One 8-hour visit per alternating weekend to be specified by non-custodial parent
• On opposite weekends from above, from 6 pm Friday to 12 noon Saturday
• One 3-hour visit per week to be specified by non-custodial parent
• 8 hours on holidays and in years specified in 30-3-35
• Brief phone contact and other virtual parent time if equipment is available, at least twice per week
18 months to 3 years
• One weekday evening per week (5:30 pm-8:30 pm) [If child is cared for during day outside residence, non-custodial parent may pick up earlier w/advance
notice to custodial parent]
• Alternating weekends (Fri 6 pm to Sun 7 pm)
• Holidays as per 30-3-35 children 5-18 years
• Extended time: Two 1-week periods separated by 4 weeks (1-wk uninterrupted for non-custodial) (One 1-week subject to parent time for custodial parent)
(Custodial parent may have 1-week uninterrupted time for vacation)
• Brief phone contact and other virtual parent time if equipment is available, at least twice per week.
3 to 5 years
• One weekday evening per week (5:30 pm-8:30 pm) [If child is cared for during day outside residence, non-custodial parent may pick up earlier w/advance
notice to custodial parent]
• Alternating weekends (Fri 6 pm to Sun 7 pm)
• Holidays as per 30-3-35 children 5-18 years
• Extended time: Two 2-week periods separated by 4 weeks (2-wk uninterrupted for non-custodial) (2-weeks subject to parent time for custodial parent)
(One 2-week uninterrupted for custodial parent)
• Brief phone contact and other virtual parent time if equipment is available, at least twice per week
Birth to 5 years
• 30-day advance notice of extended parent-time or vacation weeks.
• Virtual parent-time at reasonable hours and reasonable duration.
LINKS & RESOURCES

A Guardian ad Litem’s first resource is the law: federal and state constitutional provisions, federal and state
statutes and court rules, followed by relevant, current case law. Some additional resources are included here.

INTERNET LINKS

! Utah Code: http://le.utah.gov/Documents/code_const.htm

! Utah Court Rules: http://www.utcourts.gov/resources/rules/

RECOMMENDED READING

Anne Cohn Donnelly & Kim Oates, Classic Papers in Child Abuse (Thousand Oaks, CA: Sage Publications, 2000).

Joseph Goldstein et al, The Bests Interests of the Child: The Least Detrimental Alternative, The Landmark Trilogy
of Beyond the Best Interests of the Child, Before the Best Interests of the Child, and In the Best Interests of the Child,
(1996). This book is great for district court guardians. It appears in the case law of all 50 states, plus the United States
Supreme Court. Its concepts underlie ASFA. Provides great guidelines for representing a child in court and discusses
dual role issues. Guidelines include:

1. Placement decisions should safeguard the child’s need for continuity of relationships.
2. Placement decisions should reflect the child’s sense of time.
3. Placement decisions should take into account the law’s incapacity to make long-range predictions and to
manage family relationships.
4. Placements should provide the least detrimental available alternative for safeguarding the child’s growth and
development.
Marvin Ventrell & Donald Duquette, Child Welfare Law and Practice: Representing Children, Parents, and State
Agencies in Abuse, Neglect, and Dependency Cases (the Red Book) 2005.
INDEX
A E L
Admissions, deeming, withdrawing Evidence Last minute motions
Alleged father - attorney/client privilege Law of the case doctrine
Appointment (of GAL) - hearsay
Attorney/client privilege - judicial notice M
Attorney fees - opinions and experts Meeting with child client
- physical/mental privilege Mental health privilege
B Experts Minimum parent time schedules
Best interest of child
Best practice guidelines F O
Fees Opinions and experts
C
Child desires G P
Child protective orders Grandparent visitation Parent coordinator
Child witness, children’s statements, Guardian ad Litem Parentage (formerly: paternity)
children’s presence - best practice guidelines - adjudication (code)
Client contact - case law - case law
Code (Utah Code online) - conflicts; disqualification - voluntary declaration (code)
Cohabitant abuse - duties (statutory) Parental presumption
- act - fees & costs Parent-time
- case law - office and director - statute
Contact with child client Guardianship - summary
Court commissioner practice Paternity (see Parentage)
Court rules online H Physician/mental health privilege
Custody evaluations Hearsay (rules) Post-judgment orders & modifications
Custody of children, parenting plan Prior bad acts
Custody, parenting plan, re-introduction I Private GAL
Custody, joint In camera interview Privilege
Custody, non-parent Investigation (to determine best interests) - attorney/client
Criminal Proceedings - case law
J - physical/mental health
D Judicial bias
Discovery Judicial notice R
- case law Jurisdiction, continuing Representing the Child
- rule Juvenile court Resources
District case, role - cases in both juvenile & district Respectful conduct and communication
Divorce (code) - jurisdiction (custody/support) Rules of court online
S
Standing
Statutes (Utah Code online)
Subpoenas, quashing
Summary of parent-time

T
Termination of parental rights by district
court
Testimony (of child)
Training
Trust funds

U
Uniform custody evaluations

V
Victim rights
Visitation (see Parent-time)

W
Withdrawal (of GAL from case)
Witness, expert