Moving and Relocation After Divorce

In Family Law, moving, or, as the Utah Code calls it, “relocation” is often problematic.  When court ordered parenting time has already been established, with few exceptions (primarily domestic violence convictions)  Utah Code and courts can require the residential parent (in shared parenting both parents are the residential parent) to file a Notice of Intent to Relocate with the court if they intend to move to any residence other than the residence specified in the parenting time (visitation) or decree (shared parenting).  Once that happens, the court is required to send a notice to the other parent.  (Note, however, that the Utah Rules of Civil Procedure require the parent filing the Notice of Intent to Relocate to serve the other parent with a copy of ALL documents filed with the court.)

Once the court receives the notice it must send a copy to the other parent.  Pursuant to Utah law; the court, on it’s own, may (but is not required to) schedule a hearing, with notice to both parents, to determine whether it is in the best interest of the child to modify the current parenting time schedule.  Even if the court does not set a hearing, the parent who is not moving can also file a motion and request a hearing to review parenting time, custody, shared parenting, school placement parent and more.

The amount of notice the moving parent must give is governed by the terms of the parties’ current parenting time order or shared parenting plan.  In addition, terms regarding moving may be addressed in the Local Rules of the Court which made the original parenting time order.  For example, in some counties the Local Rules mandate that if the school placement parent moves out of the county, the other parent automatically becomes the school placement parent until further order of the court.  While that example is extreme, it helps to explain why it is important to read the local rules of your court to determine what, if any, provisions are contained regarding relocation notices.

You should contact our office and we can help you make sure that you provide proper notice of relocation.

Motions to Set Aside Orders in Utah

In Utah an Order is not different than a Court Decision.  They are one and the same.  However, sometimes people do not like a commissioner’s Orders and they want to “appeal”.  Here are some things you need to know about commissioner’s Orders.

1. The way that people “appeal” this type of Order is by filing an Objection to the Commissioner’s recommendations and set the matter for an evidentiary hearing before a district court judge.
2. These are governed by the Rules of Civil Procedure. Make sure you look at Rule 101.
3. They must be timely filed — I’d do it quickly – no more than 10 days after the date the Order is filed.
4. Filing the Objection does not stop the Commissioner’s Order from being effective.
5. The Judge or the Commissioner may enter an order making the Order or Recommendations ineffective until the Judge hears and rules after an evidentiary hearing.
6. This is not always the case.
7. Be sure to speak with a licensed attorney who does family law, because it is different.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.