2019 Archives

2019 UT App 208 – In re E.R. – termination of parental rights

2019 UT App 208 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF UTAH,Appellee. Opinion No. 20190184-CA Filed December 19, 2019 Fourth District…

2019 UT App 204 – In re H.F. incorrect analysis terminating parental rights

2019 UT App 204 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee. Opinion No. 20180348-CA Filed December 12, 2019 Third District Juvenile…

2019 UT App 206 – State v. Alires – ineffective assistance of counsel

January 17, 2020

Divorce Utah

Child Abuse, Utah Court of Appeals Decisions, Utah Law

2019, 2019 UT App 206, aggravated sexual abuse of a child, constitutionally ineffective, convicted, daughter’s friend, December 19, failing to request jury instruction, remand, six counts, trial counsel, UTAH COURT OF APPEALS State v. Alires, vacate convictions, youngest daughter

2019 UT App 206 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Adam T. Mow No. 171908080 Ann…

2019 UT App 205, Utah Court of Appeals, State v. Wall – ex-wife murdered

2019 UT App 205 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOHNNY BRICKMAN WALL, Appellant. Opinion No. 20151017-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 131903972 Troy…

2019 UT App 202 – State v. Baize – protective order challenge

January 15, 2020

Divorce Utah

Domestic Violence, Men's Divorce Issues, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

§ 77-36-1.1, 2019, any other form of abuse, cannot attack validity of protective order, child, civil in nature, collateral bar rule, collaterally attack, communicate, contact, December 12, directly, divorced, e-mail, four counts, harassing, indirectly, joint legal custody verbal abuse, mail, married, offended, phone, physical abuse, physically hurting, protective order, Respondent appealed his convictions for violating a protective order and lost. 2019 UT App 202, review for correctness, sole physical custody, stalking, State v. Baize, threatening, unconstitutional prior restraint of speech, unconstitutionally vague, Utah Code Ann. § 76-5-108, Utah Court of Appeals, violating, violating protective order, violence

2019 UT App 202 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 161100835 Douglas…

2019 UT 73 – Olguin v. Anderton – UUPA standing

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 73 UTAH SUPREME COURT JIMMY OLGUIN, Appellee, v. MARIE ANDERTON and CHRISTOPHER ANDERTON,Appellants. No. 20180098 Heard February 22, 2019 Filed December 19, 2019 On Certification…

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…

2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY D. JACOBSEN, Appellee, and JODY RHORER, Intervenor and Appellant. No.…

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

January 7, 2020

Divorce Utah

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…

In re N.S. – juvenile court – what constitutes appealable order

September 16, 2019

Divorce Utah

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

2019, 2019 UT App 151, adoption, disposition order denied reunification services, Farmington Department, in re N.S., No. 20190555-CA, not final and appealable., Second District Juvenile Court, September 12, set primary permanency goal, THE UTAH COURT OF APPEALS

2019 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF N.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20190555-CA Filed September 12, 2019…

Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases

July 9, 2019

Divorce Utah

Court Rules, Divorce Law, Restraining Orders, Utah Law

2019, abuse, allow to lapse for voluntary nonpayment of premiums, annulment, attempt to influence a child's preference regarding custody or parent time, automobile insurance, best efforts to prevent third parties from doing what the parties are prohibited from doing, cancel, change the beneficiary, child, conceal, custody, demean or disparage the other party, dispose of, divorce, domestic injunction, Domestic Violence, effective November 1, electronic disturb the peace, encumber, harass, health insurance, homeowner's insurance, how to contact the child or traveling party, identification, image, Injunction in Certain Domestic Relations Cases, interfere with telephone, intimidate, involve the child in the issues of the petition, itinerary of travel dates and destinations, life insurance, likeness, modify, name and telephone number of an available third person who will know the child's location, neither party may make parent time arrangements through the child, non-routine travel with the child, obtain a service, obtain credit, open an account for service, or paternity, order of the court, other party's name, other services, Parent Time, property, renter's insurance, Rule 109, say or do anything that would tend to diminish the love and affection of the child for the other party, support, temporary separation, terminate, transfer, upon filing the initial petition, upon receipt of a copy of the injunction as entered by the court, utility, written consent of the other party

UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109 of the Utah Rules of Civil Procedure The Utah Supreme…

Gardner v. Gardner – 2019 UT 28 – alimony – infidelity – tax burden

This opinion is subject to revision before final publication in the Pacific Reporter Gardner v. Gardner – 2019 UT 28 IN THE SUPREME COURT OF THE STATE OF UTAH CHRISTINA L. GARDNER, Appellant, v. NELSON D. GARDNER, Appellee. No. 20170598…

State v. Harvey – 2019 UT App 108 – lay versus expert testimony

2019 UT App 108 – State v. Harvey – lay versus expert testimony 2019 UT App 108 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, V. RANDY LYNN HARVEY, Appellant. Opinion No. 20170733-CA Filed June 20, 2019 Third District…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 – Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District Court, Salt Lake Department The Honorable Su Chon No. 154901171…

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.…

Kirkham v. Widdison – 2019 UT App 97 – tax issues in divorce

Kirkham v. Widdison – 2019 UT App 97 THE UTAH COURT OF APPEALS JANAE A. KIRKHAM, Appellant, v. JAMIE WIDDISON, HRB TAX GROUP, GRACE HANSEN, BONNY WIDDISON, AND ALPINE GARDENS INC., Appellees. Opinion No. 20170655-CA Filed June 6, 2019 Third…

Higley v. Buhler – 2019 UT App 96 – civil stalking injunction

Higley v. Buhler – 2019 UT App 96 THE UTAH COURT OF APPEALS JEDEDIAH WELLS HIGLEY, Appellee, v. BRYAN DEAN BUHLER,Appellant. Per Curiam Opinion No. 20180925-CA Filed June 6, 2019 First District Court, Logan Department The Honorable Brian G. Cannell…

New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

May 15, 2019

Divorce Utah

Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law

2019, 30-3-34, extended family, step parents, Utah code, Utah Legislature

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in previous blog posts. Another change is the addition of new…

Tag: 2019