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Can I Request to Have My Son’s Grandmother Removed From the Courtroom During My Custody Case Proceedings?

Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be in the courtroom during the proceedings, as long as 1) there is no law that allows her to be excluded and 2) she is not disrupting the proceedings by being present during the proceedings.

Juvenile court proceedings are closed to the public in Utah.

District court proceedings are open to the public in Utah. That stated, it’s very easy for a Utah district court to exclude members of the public from the courtroom in certain kinds of cases because of Utah Code § 78A-2-208(4):

§ 78A-2-208.  Sittings of courts — To be public — Notice to public of recording — Right to exclude in certain cases.

(1) The sittings of every court of justice are public, except as provided in Subsections (3) and (4).

(2) The Judicial Council shall require that notice be given to the public that the proceedings are being recorded when an electronic or digital recording system is being used during court proceedings.

(3) The court may, in its discretion, during the examination of a witness exclude any and all other witnesses in the proceedings.

(4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in its discretion, exclude all persons who do not have a direct interest in the proceedings, except jurors, witnesses and officers of the court.

(emphasis added)

Utah Family Law, LC | divorceutah.com | 801-466-9277

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