Legal Question in Family Law in Utah

Statutes vs. Decree? (Move away)

Hello,

Thank you for your advice up front :) I am the NCP of my two children (on paper). Prior to their being relocated with no written notice I had my children 3-4 nights a week with a mutually agreed upon calendar schedule. I as given verbal notice that they would were moving barely 24 hours in advance. I was given neither further info nor a reason. The decree says ''24 hours notice'' (wish I had seen this earlier). However, it seems to me that this is illegal as it violates the Utah statutes (30-3-37 - Relocation). How can this be enforced? I have been to court once and the Commissioner basically told me it was in the decree so I was out of luck. I was given no written notice or valid reason for the move. Neither one of them had a job or even a place to leave when they left. How can this illegal (according to statute) document even be enforced? Is it a matter of un-enforced or interpretive law? Any advice or help would be appreciated! :)

Thank you.


Asked on 10/11/04, 11:48 am

2 Answers from Attorneys
Thomas Howard Law Office of Thomas Howard

Re: Statutes vs. Decree? (Move away)

Unfortunately, the words in the divorce decree control. If they are contrary to the provisions of the relocation statute they will take precedence. If the decree was entirely silent about relocation, the relocation statute would take precedence. In any event, you should file a Petition to Modify the Divorce Decree and seek to have custody changed or revisited with the goal of changing the wording about relocation and the financial arrangements for visitation.

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Answered on 10/14/04, 10:37 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Statutes vs. Decree? (Move away)

Then terms of a marital agreement which are incorporated into a final divorce decree modify the law. Those terms should not have been placed in the decree, but since they were the commissioner cannot do much to change them. You can apply for a modification of the divorce decree and seek to change any offending terms. Without changing the final decree there is not much you can do. I suggest that you seek for an order changing custody as soon as possible. After 6 months the custodial parent can argue that under the Uniform Child Custody Jurisdiction Act that the new location becomes the proper court of jurisdiction over the children. By filing for custody you may be able to influence the custodial parent to return or enter some compromise regarding visitation and custody. You may also want to consider moving closer to the children if it appears than they will be staying in the new location.

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Answered on 10/11/04, 7:09 pm


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