So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show cause to sanction your ex for contempt of court and our blog posting on writs of assistance.
This posting discusses how and under what circumstances the crime of custodial interference is prosecuted.
Which is why this posting is going to be so short.
Because by and large, no matter where you are in Utah, the crime of custodial interference is not enforced consistently, so it is effectively not enforced at all.
There are literally county sheriffs, county attorneys, local police and other prosecutors throughout the State of Utah who outright refuse to: issue citations, make arrests, and prosecute Utah’s custodial interference statute. If you would like to know what the crime of custodial parents is in Utah (not that it matters much), here is a link to that statute, which is found at Utah Code § 76-5-303.
Ah, but you still don’t really believe me. You think that this is a blog posting by some crank who got burned by the custodial interference laws or some sore loser who wanted custodial interference to be prosecuted, but there was an honest difference of opinion between me and the prosecutor. No. But I don’t expect you to take my word for it.
Go ahead and pick up the phone and dial any county or city attorney’s office, and ask to be connected to the actual county or city attorney (not just any attorney who happens to work in the office, the actual head guy/gal, the County Attorney or the City Attorney, although if the City/County attorney won’t take your call, asking to speak with any attorney who will take your call is better than nothing, and the results will be the same).
Once you are connected with the attorney, ask this simple question: “Is it your office’s policy to prosecute those who violate the custodial interference statute, Utah Code § 76-5-303?”
If some sly elf at the county attorney’s or city attorney’s office is quick witted enough to respond with:
“We decide what to prosecute on a case-by-case basis,”
or something like:
“We aggressively pursue crime [sic] in our community, and are swift and sure in holding offenders accountable for their criminal conduct”1; or
“We vigorously prosecute and investigating crime, compassionately assisting crime victims”2; or
“Prosecuting appropriate cases and declining those that are not,”3
Then follow up by asking simply, “When was the last time your office prosecuted anyone for custodial interference?” If you believe what I tell you in this blog posting, the answer you get to your question will not surprise you.
And don’t let the county or city attorney’s office try to wriggle free by telling you that the information you request is “confidential” or “private” or “part of any ongoing investigation,” etc.—it’s not. It’s as public as public information gets, and you, as a member of the public are entitled to know about it when you inquire. You are entitled to know, if you ask, the name of the defendant(s), the court case number, the city where the case was filed, the judge assigned to the case, and the attorney prosecuting it.
To make your quest easier, I have taken the trouble of listing the names and phone numbers of the City Attorneys for several major cities in Utah and the names and phone numbers of every county attorney in the state below. Please share your experiences with me. I would like nothing better than to discover that I was wrong, and that somewhere in Utah the crime of custodial interference is taken seriously. But even if your story only corroborates mine, I’d still be interested to hear about your experience.
So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show cause to sanction your ex for contempt of court and our blog posting on writs of assistance.
Utah Attorney General’s Office: (801) 366-0260, (801) 538-9600, (801) 366-0300
Salt Lake District Attorney: (385) 468-7600
Sandy City District Attorney: (801) 568-7100
Provo City Attorney: (801) 852-6140
County Attorney List:
Beaver Von Chistiansen 435-438-6434
Box Elder Stephen Hadfield 435-734-3300
Cache James Swink 435-755-1860
Carbon Gene Strate 435-636-3240
Daggett Stephen Foote 435-738-0184
Davis Troy Rawlings 801-451-4300
Duchesne Stephen Foote 435-738-0184
Emery David Blackwwell 435-381-2543
Garfield Barry Huntington 435-676-1103
Grand Andrew Fitzgerald 435-259-1324
Iron Scott Garrett 435-865-5310
Juab Jared Eldridge 435-623-3460
Kane Jim Scarth 435-644-5278
Millard Richard Waddingham 435-864-2748
Morgan Jann Farris 801-845-4006
Piute Mark McIff 435-896-4461
Rich George Preston 435-752-9644
Salt Lake Sim Gill 385-468-7700
San Juan Craig Halls 435-587-2128
Sanpete Brody Kiesel 435-835-6381
Sevier Dale Eyre 435-896-2675
Summit David Brickey 435-336-4468
Tooele Douglas Hogan 435-843-3124
Uintah Mark Thomas 435-781-5436
Utah Jeffrey Buhman 801-851-8026
Wasatch Scott Sweat 435-654-2909
Washington Brock Belnap 435-634-5723
Wayne Mark McIff 435-896-4461
Weber Dee Smith 801-399-8377
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1 See Salt Late County District Attorney’s Office Mission Statement
2 See Utah County Attorney’s Office “What We Do” page
3 See Davis County Attorney’s Office webpage
If you are in need of assistance with a Custodial Interference matter, please click the link below to schedule an appointment with one of our attorneys.
12 Comments. Leave new
Question. My 6 month old daughters mother was sent back to prison on parole violation for using drugs June.1,2017. My daughters since been living with jer great grandmother whom will not let me see my daughter. Is there anything i can do to exercise my parental rights. Without having to hire a lawyer please let me know as soon as possible thank you very much for your time
The answer to your questions depends upon whether you are divorced or whether there is some other kind of court order in place governing child custody. If you are still married and/or if there is no court order governing child custody, then with the mother in prison your child custody rights are superior to the great grandmother’s, but the police will almost surely do nothing to help you. You can either go get the child, so long as you don’t commit any crimes in the process of doing so, or you can file for a writ of assistance in the courts to get the police to help you get the child into your custody.
Very interesting article. We live in Layton. Custodial interferences in our case happens on almost a daily basis for my wife. She calls PD and files a report like she has been instructed to do.
Yet nothing happens….ever. The PD is bothered
And my wife is exasperated!
What can we do???
Has your wife tried to hold her ex-husband accountable and see him sanctioned for contempt of court? If the ex-husband is disobeying child custody and parent-time orders, your wife can move to have her ex-husband held in contempt of court and sanctioned accordingly.
This is something that your wife can do without needing the assistance or support of the police. She can file what is known as a “motion for order to show cause” against her ex-husband and then require him to appear in court to explain to the court (if he can) why he should not be sanctioned for contempt of court for failing to comply with child custody and parent-time orders.
Here is what a court can do to sanction a parent who violates child custody and parent-time orders in Utah:
Utah Code § 78B-6-310. Contempt — Action by court.
(1) The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both. However, a justice court judge or court commissioner may punish for contempt by a fine not to exceed $500 or by incarceration for five days or both.
(2) A fine imposed under this section is subject to the limitations of Subsection 76-3-301(2).
Utah Code § 78B-6-316. Compensatory service for violation of parent-time order or failure to pay child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused to comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall order the parent to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing a child a continuing relationship with both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergo court-ordered education, there is a rebuttable presumption that the noncustodial parent be granted parent-time by the court to provide child care during the time the custodial parent is complying with compensatory service or education in order to recompense him for parent-time wrongfully denied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the noncustodial parent’s parent-time with the child.
(4) The person ordered to participate in court-ordered education is responsible for expenses of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined in Section 78B-12-102, has refused to pay child support as ordered by a court in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall order the obligor to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligor about the importance of complying with the court order and providing the children with a regular and stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individual counseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the obligor’s parent-time with the child.
(8) The sanctions that the court shall impose under this section do not prevent the court from imposing other sanctions or prevent any person from bringing a cause of action allowed under state or federal law.
(9) The Legislature shall allocate the money from the Children’s Legal Defense Account to the judiciary to defray the cost of enforcing and administering this section.
What do I need to file for custodial interference I know I need to do an order to show cause but is that all?
Custodial interference is a crime, so all you can do with regard to custodial interference his report that the police and see if the police will make any arrest or issue any citations. Then it becomes a question of whether your city or county attorney will prosecute your exit for custodial interference. In Utah generally, the police rarely site or arrest for custodial interference. And the city and county attorneys rarely ever prosecute it. So is it worth reporting? Yes, if for no other reason than to create a record of the fact that custodial interference is being reported by you. This helps to show that you are not sitting on your rights and trying to exercise and enforce them. It also ensures that you have other witnesses to your efforts, even if those witnesses are police officers who are doing their jobs by arresting or citing anybody, they can still help you by writing up a report.
So then you asked if you can “file for custodial interference”. Because custodial interference is a crime, finally in order to show cause with the divorce court is a matter of contempt of court. Contempt of court arises when your ex refuses to obey the divorce court’s child custody and parent time orders. Unlike custodial interference, contempt of court is something you have much greater control over prosecuting. You can prepare the motion, you can file it with the court, you can get a hearing, and you will get a chance to show your divorce court judge your ex’s noncompliance and ask for enforcement and for sanctions for noncompliance.
I hope this is clarified the matter for you. If all of the above seems like a lot to take in and too difficult to handle on your own, I would be happy to discuss it with you further if you’d like to make an appointment.
This is realy sad because Utah has ni problem what so ever slapping a protective order on the father who chose the cival road with no police and mess. Then 8 court dates later still not even getting a chance to speak in court I now face violations of this order. My attorny said it doesnt matter that she is tricking you, baiting you and being uncooperative she got to it first! IT, he said..I assume he means she called the cops first and fed them the lies that will now not even be heard in court and i will do Jail time all for being a loving father whos child is #1 priority… 🙁 Did i mention the protective order was issued in court after the prosecutor decided to add a stalking charge in court. Yeah so the humin punching bag keeps getting punched… Any suggestions?
I am very surprised that Custodial Interference is even prosecuted. In US v Armstrong the court was very specific in what is required to prove “Selective Prosecution.” Prosecution is arbitrary. Many divorce decrees are too broadly and poorly written to be able to make prosecution logical. Also “Custodial Interference” has a couple of affirmative defenses and if no complaint is made against the offending parent then the legal definition is that you are in agreement. The 3rd District mediation is complete BS so women know what they can get away with and they frequently do. The law needs to be fixed.
im dealing with Layton police a well I haven’t seen my 14 yr old son in 3 months we have 50/50 custody cops told my son he don’t have to come since he turned 14 they both have my number blocked what do I need to do ??
If the police tell you the child does not have to come with you and obey the child custody or parent-time order, the police are lying to you. You can move to have the other parent and/or the child held in contempt of court. Yes, it can be done. If you’d like to meet with me to discuss the process, please call: 801-466-9277.
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