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Are financial interrogatories relevant in my contempt case?

September 22, 2022

Contempt of Court, Family Law, Finances, Visitation

brother, discovery, family, family law, financial interrogatories, initial disclosures, sister, visitation, visitation rights

Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance, it’s hard to imagine such an argument or to imagine…

What to do when child won’t comply with the custody award?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

appellate courts, child custody, child custody arrangement, child custody award, court decisions, custody, Utah Court of Appeals, Utah law

2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law…

State v. Mason – 2021 UT App 41

April 23, 2021

Appeal, Contempt of Court, Custody, Women's Divorce Issues

2021, 2021 UT App 41, adjournment, and Cherise Bacalski, appointed counsel, April 8, assistance of counsel, Attorney for Appellee, Attorneys for Appellant, authority, Brent M. Johnson, Cedar City Department, concluded, contempt, contempt of court, contentious, court proceedings, court’s dignity, disobeying orders, disrupting proceedings, Emily Adams, evidence, ex-wife, Fifth District Court, Freyja Johnson, had the ability to comply, in the courtroom, intentionally failed or refused to do so, Judge Matthew L. Bell, judge was still on the bench, knew what was required, necessary, No. 190500085, Opinion No. 20190618-CA, post-divorce proceedings, punishment, Relocation, right, State v. Mason, summary criminal contempt proceedings, summary vindication, THE UTAH COURT OF APPEALS, Utah Code 78B-6-301(1), Utah Code 78B-6-301(5), Von Del Mason Jr.

State v. Mason – 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021 Fifth District Court, Cedar City Department The Honorable Matthew L.…

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether…

Can the courts force you to testify against someone?

September 4, 2020

Contempt of Court

contempt of court, perjury, subpoena, testify, testifying, testimony

Can the courts force you to testify against someone? In a manner of speaking, yes. You do not have the the option of being a witness if you are ordered by the court to to testify. The way you are…

What would happen if a witness in court was asked if they will swear to tell the truth and they said no?

June 29, 2020

Contempt of Court, Utah Code

78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness

What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or affirm to tell the truth, the witness would either not…

What happens if you say no to the oath on the witness stand in court?

May 12, 2020

Contempt of Court, Evidence

affirm, affirmation, court, oath, swear, witness

What happens if you say no to the oath on the witness stand in court? If you object to being sworn, to taking an oath (as some religions do), then you can “affirm” to tell the truth, the whole truth,…

2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent

2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The Honorable M. James Brady No. 160400655 Scott N. Weight, Attorney…

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying. At this point in my career, I…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

Rosser v. Rosser – 2019 UT App 5 – contempt of court

January 16, 2019

Contempt of Court, Utah Code, Utah Court of Appeals Decisions

§ 78B-6-301, contempt, contempt of court, court order, deceit, disobedience, mediation, Utah Code § 78B-6-301

2019 UT App 5 THE UTAH COURT OF APPEALS HOLLY REBECCA ROSSER, Appellee, v. RONALD LEE ROSSER, Appellant. Opinion No. 20170736-CA Filed January 10, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman No. 154600013 Steven W. Beckstrom,…

Morality Clause: Can Include One in My Decree of Divorce?

January 1, 2019

Best Interest of the Child, Children in Divorce, Cohabitation, Contempt of Court, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Unwed Parents, Women's Divorce Issues

morality clauses

Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is against the religious teachings in our faith. Yes. In Utah…

How Do I Get My Ex Prosecuted for Custodial Inteference?

July 10, 2018

Child Custody, Contempt of Court, Coping With Divorce, Custodial Interference, Divorce Law, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

contempt of court, custodial interference, motion, motion for order to show cause, order to show cause

QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it? ANSWER: Custodial interference is a crime, so you cannot file…

Do you believe in public shaming of parents who don’t pay child support?

June 28, 2018

Child Support, Children in Divorce, Contempt of Court

Child Support, public shaming

Do you believe in public shaming of parents who don’t pay child support? No, for at least four major reasons (in no particular order): Public shaming of a parent who chooses not to pay? That might cause child support to…

As a divorce lawyer, what is the most petty thing one of your clients had you do?

January 25, 2018

Contempt of Court, Coping With Divorce, Court Rules, Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Hiring a Divorce Lawyer, Motion Practice, Preparing for Divorce, Procedure and Evidence

QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do petty things for clients. FOLLOW UP QUESTION: So what happens…

My ex just announced he’s taking the children during my parent-time.

January 2, 2018

Child Custody, Children in Divorce, Contempt of Court, Coping With Divorce, Custodial Interference, Custody, Dirty Tricks, Divorce Law, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Parental Rights, Physical Custody, Women's Divorce Issues

76-5-303. Custodial interference, Utah Code § 78B-6-316

QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time. He is supposed to return the children on the 29th…

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