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My ex is interfering in my parent-time or child custody.  What can be done? 

Custodial interference is a crime in Utah. What is custodial interference? Click here for the text of the current custodial interference law. If, when you are entitled to visitation or parent-time, your ex takes, entices, hides, or otherwise interferes with your visitation, your ex is guilty of Custodial Interference. (Utah Criminal Code 76-5-303(2)(b)) If you are custodial parent and your ex decides to withhold custody from you, without permission outside of his/her court-ordered parent time, your ex is also guilty of custodial interference. (Utah Criminal Code 76-5-303(2)(a))

How serious a crime is custodial interference?

In most first offense situations, it’s a Class B misdemeanor (up to 6 months in jail and up to a $1,000 fine).  However, if your ex interferes with your parent time twice in one year, then it’s a Class A misdemeanor (up to one year in jail and up to a $2500 fine).  If, during the course of the custodial interference, you or your ex causes the removal, or directs the removal of the child from the state, that’s a third degree felony (up to 5 years in prison and up to $5,000 fine).

What is the likelihood of my ex being charged with custodial interference and being fined or going to jail?

While the maximum penalties for Custodial Interference may seem harsh on paper, most first-time offenders are not likely to be jailed or fined an exorbitant amount. Furthermore, the of your ex-spouse being charged, let alone convicted, of custodial interference are slim to none.

For ex-spouses who refuse to let you pick up the kids before or after a typical weekend parent-time period, not very likely at all (currently, but as of the date of this writing, the legislature is contemplating changes to the law—click here to read about it).

In our experience, law enforcement officers are poorly informed about the custodial interference law and are consequently reluctant to get involved with custodial interference issues.  To make matters even worse, most officers who do know the law just don’t care about enforcing it (really) and go out of their way to avoid enforcing it, telling aggrieved parents (falsely) that “it’s a civil issue” that they can’t touch. Then what can I do?

The best you can do is have a certified copy of your divorce decree and the most recent copy of the custodial interference law literally in hand when you call the police to report custodial interference.  If your ex is interfering with your parent time, the police may not do anything in this matter, but just in case, insist on an incident report.  Ensure that the officer records: 1) his/her  name and identification and the names and identification of all other officers responding; and 2) the fact that you presented your CERTIFIED custody/parent-time orders (to get a certified copy, go to court and ask the clerk for a certified copy—it’ll cost you $5.00 and 25¢ per page, but it’s well worth the price) and the current custodial interference statute to the officer when you called to report custodial interference, and all witnesses.  Now you have an official report to prove that your parental rights are being violated.  How can this help?  An official report can be taken to court to file a complaint about the officer, to seek contempt of court sanctions against your ex, and come custody modification time, it can help support your case.

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