H.B.
71
PARENT-TIME AMENDMENTS
house floor
Amendments
Amendment 1 January 22, 2008 10:48 am
Representative Kay L. McIff
proposes the following amendments:
1. Page
15, Line 454 through Page 17, Line 512
:
454
Section 6.
Section
30-3-37
is amended to read:
455
30-3-37. Relocation.
456
(1)
For purposes of this section, "relocation" means moving
{
When either parent decides to
move
}
from the state [of Utah] or 150 miles or more
457
from the residence specified in the court's decree
.
{
, that
}
(2) The relocating
parent shall provide
,
if possible
,
60 days
458
advance written notice of the intended relocation to the other parent. The written notice of
459
relocation shall contain statements affirming the following:
460
(a) the parent-time provisions in Subsection
{
[
}
(5)
{
]
}
{
(4)
}
or a schedule approved by
both
461
parties will be followed; and
462
(b) neither parent will interfere with the other's parental rights pursuant to court
463
ordered parent-time arrangements, or the schedule approved by both parties.
464
{
(2)
}
(3)
The court may, upon motion of any party or upon the court's own motion, schedule
465
a hearing with notice to review the notice of relocation and parent-time schedule as provided in
466
Section
30-3-35
and make appropriate orders regarding the parent-time and costs for
467
parent-time transportation.
468
{
(3)
}
(4)
In determining the parent-time schedule and allocating the transportation costs, the
469
court shall consider:
470
(a) the reason for the parent's relocation;
471
(b) the additional costs or difficulty to both parents in exercising parent-time;
472
(c) the economic resources of both parents; and
473
(d) other factors the court considers necessary and relevant.
474
[(4) Upon the motion of any party, the court may order the parent intending to move to
475
pay the costs of transportation for:]
476
[(a) at least one visit per year with the other parent; and]
477
[(b) any number of additional visits as determined equitable by the court.]
478
{
[
}
(5)
{
]
}
{
(4)
}
Unless otherwise ordered by the court, upon the relocation, as defined
in
479
Subsection (1), of one of the parties the following schedule shall be the minimum requirements
480
for parent-time with a school-age child:
481
(a) in years ending in an odd number, the child shall spend the following holidays with
482
the noncustodial parent:
483
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
484
(ii) [the fall school] Spring break, if applicable, beginning the last day of school before
485
the holiday until the day before school resumes;
486
(b) in years ending in an even number, the child shall spend the following holidays
487
with the noncustodial parent:
488
(i) the entire winter school break period; and
489
(ii) [Spring] the Fall school break beginning the last day of school before the holiday
490
until the day before school resumes; [and]
491
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
492
weeks. The children should be returned to the custodial home no later than seven days before
493
school begins; however, this week shall be counted when determining the amount of
494
parent-time to be divided between the parents for the summer or off-track period[.]; and
495
(d) at the option and expense of the noncustodial parent, one weekend per month.
496
(6) Upon the motion of any party, the court may order uninterrupted parent-time with
497
the noncustodial parent for a minimum of 30 days during extended parent-time, unless the
498
court finds it is not in the best interests of the child. If the court orders uninterrupted
499
parent-time during a period not covered by this section, it shall specify in its order which parent
500
is responsible for the child's travel expenses.
501
(7) Unless otherwise ordered by the court the relocating party shall be responsible for
502
all the child's travel expenses relating to Subsections
{
[
}
(5)
{
]
}
{
(4)
}
(a) and (b) and 1/2 of the
child's
503
travel expenses relating to Subsection
{
[
}
(5)
{
]
}
{
(4)
}
(c), provided the noncustodial [party]
parent is
504
current on all support obligations. If the noncustodial [party] parent has been found in
505
contempt for not being current on all support obligations, [he] the noncustodial parent shall be
506
responsible for all of the child's travel expenses under Subsection
{
[
}
(5)
{
]
}
{
(4)
}
, unless the
court
507
rules otherwise. Reimbursement by either responsible party to the other for the child's travel
508
expenses shall be made within 30 days of receipt of documents detailing those expenses.
509
(8) The court may apply this provision to any preexisting decree of divorce.
510
(9) Any action under this section may be set for an expedited hearing.
511
(10) A parent who fails to comply with the notice of relocation in Subsection
{
(1)
}
(2)
shall
512
be in contempt of the court's order.
Page 1 of 2
hb0071.hfa.01.wpd
LRGC
Echelsea
JDHowe