Jurisdiction Archives

In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F… – 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S. AND B.S., Appellants, v. J.F., Appellee. Opinion No.…

Do I need to show up for court if I was never served papers?

February 24, 2022

Divorce Utah

Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

attorneys, court, court papers, judges, lawyers, legal system, notice of hearing, rule of thumb

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

State v. Redden – 2022 UT App 14 – protective orders – enhanced penalties

January 31, 2022

Divorce Utah

Abuse, Domestic Violence, Jurisdiction, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law

10 years, class A misdemeanor, commits, convicted, crime, Domestic Violence, enhancement, offense, third degree felony, Utah Code § 77-36-1.1(2)(c)

2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City Department The Honorable Keith C. Barnes No. 191500842 Sean D.…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

2019 UT App 201 – Bradshaw v. Pelley-Whelan – UCCJEA

January 13, 2020

Divorce Utah

Child Custody, Custody, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Utah Law, Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

§ 78B-13-102(7), § 78B-13-201(1), § 78B-13-204, 2019, 2019 UT App 201 Bradshaw v. Pelley-Whelan, December 12, findings of fact, home state, No. 20181003-CA, UCCJEA, Utah Uniform Child Custody Jurisdiction and Enforcement Act

2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable Royal I. Hansen No. 174906242…

If a wife goes abroad without her husband knowing, can her husband be able to divorce her?

June 20, 2019

Divorce Utah

Divorce Law, Divorce Preparedness, Jurisdiction

divorce jurisdiction, initiate divorce, spouse goes abroad

If by your question you are asking whether a man can initiate divorce proceedings against his wife after she leaves the country without any indication that she intends to return, the answer is yes, he can file for divorce. His…

2018 UT App 224 – In re Adoption of B.N.A. – wrong district court

May 31, 2019

Divorce Utah

Adoption, Appeal, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Venue

2018 UT 24, adoption, jurisdiction, State v. Stewart, subject-matter jurisdiction, Utah Code § 78B-6-105(1)(a), Utah Code § 78B-6-124(1)(b), venue

2018 UT App 224 – In re Adoption of B.N.A. THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, v. T.L. AND A.L., Appellees. Opinion No. 20180316-CA…

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

December 6, 2018

Divorce Utah

Divorce Law, Divorce Procedure, Jurisdiction

divorce jurisdiction, foreign state, long arm jurisdiction, out of state

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Which state has jurisdiction over a child custody dispute?

October 19, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Jurisdiction

If a divorce and custody case were finalized in one state and the custodial parent and the children move to another, which state should the future custody disputes need to be filed in? Here is how that question would be…

What are residency requirements for divorce?

April 20, 2018

Divorce Utah

Divorce Law, Jurisdiction, Residency

A friend left her home in MI due to domestic violence to stay in PA with relatives in the months since. Which state would handle her petition for spousal support, MI, or PA? I cannot answer as to which state…

In re A.J.B., 2018 UT App 5, January 5, 2018

January 15, 2018

Divorce Utah

Jurisdiction, Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions

jurisdiction, Ute, Ute Tribal Council

In re A.J.B., 2018 UT App 5, January 5, 2018 2017 UT App 237 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.J.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.C., Appellant, v. STATE OF UTAH,…

Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20 P.3d 307, 314-315 (Supreme Court of Utah 2001) (accord Iota,…

Smith v. Smith 2017 UT 77 Utah Supreme Court

November 16, 2017

Divorce Utah

Attorney Fees, Court Rules, Jurisdiction, Juvenile Court, Lawyer Fees, Motion Practice, Utah Supreme Court Decisions

This opinion is subject to revision before final publication in the Pacific Reporter This opinion is subject to revision before final publication in the Pacific Reporter Smith v. Smith 2017 UT 77 IN THE SUPREME COURT OF THE STATE OF…