H.B. 230

1

PARENTAL RELOCATION AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Thompson
5 This act creates a requirement that divorced or separated parents provide a notice of
6 relocation to the other parent before moving or leaving the state. The notice shall be
7 signed and acknowledged by both parents. This act also provides that violations of the
8 provisions of the notice are prosecutable under the provisions of custodial interference.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 30-3-10.9, as enacted by Chapter 126, Laws of Utah 2001
12 30-3-37, as last amended by Chapter 147, Laws of Utah 2002
13 76-5-303, as last amended by Chapter 255, Laws of Utah 2001
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 30-3-10.9 is amended to read:
16 30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute
17 resolution.
18 (1) The objectives of a parenting plan are to:
19 (a) provide for the child's physical care;
20 (b) maintain the child's emotional stability;
21 (c) provide for the child's changing needs as the child grows and matures in a way that
22 minimizes the need for future modifications to the parenting plan;
23 (d) set forth the authority and responsibilities of each parent with respect to the child
24 consistent with the definitions outlined in this chapter;
25 (e) minimize the child's exposure to harmful parental conflict;
26 (f) encourage the parents, where appropriate, to meet the responsibilities to their minor
27 children through agreements in the parenting plan rather than relying on judicial intervention;

28 and
29 (g) protect the best interests of the child.
30 (2) The parenting plan shall contain provisions for resolution of future disputes
31 between the parents, allocation of decision-making authority, and residential provisions for the
32 child, and provisions addressing notice and parent-time responsibilities in the event of the
33 relocation of either party. It may contain other provisions comparable to those in Sections
34 30-3-5 and 30-3-10.3 regarding the welfare of the child.
35 (3) A process for resolving disputes shall be provided unless precluded or limited by
36 statute. A dispute resolution process may include:
37 (a) counseling;
38 (b) mediation or arbitration by a specified individual or agency; or
39 (c) court action.
40 (4) In the dispute resolution process:
41 (a) preference shall be given to the provisions in the parenting plan;
42 (b) parents shall use the designated process to resolve disputes relating to
43 implementation of the plan, except those related to financial support, unless an emergency
44 exists;
45 (c) a written record shall be prepared of any agreement reached in counseling or
46 mediation and provided to each party;
47 (d) if arbitration becomes necessary, a written record shall be prepared and a copy of
48 the arbitration award shall be provided to each party;
49 (e) if the court finds that a parent has used or frustrated the dispute resolution process
50 without good reason, the court may award attorney's fees and financial sanctions to the
51 prevailing parent;
52 (f) the district court shall have the right of review from the dispute resolution process;
53 and
54 (g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
55 (5) The parenting plan shall allocate decision-making authority to one or both parties
56 regarding the children's education, health care, and religious upbringing. The parties may
57 incorporate an agreement related to the care and growth of the children in these specified areas
58 or in other areas into their plan, consistent with the criteria outlined in [Subsections]

59 Subsection 30-3-10.7 (2) and [ 30-3-10.9 ] Subsection (1). Regardless of the allocation of
60 decision-making in the parenting plan, either parent may make emergency decisions affecting
61 the health or safety of the child.
62 (6) Each parent may make decisions regarding the day-to-day care and control of the
63 child while the child is residing with that parent.
64 (7) When mutual decision-making is designated but cannot be achieved, the parties
65 shall make a good faith effort to resolve the issue through the dispute resolution process.
66 (8) The plan shall include a residential schedule which designates in which parent's
67 home each minor child shall reside on given days of the year, including provisions for holidays,
68 birthdays of family members, vacations, and other special occasions.
69 (9) If a parent fails to comply with a provision of the parenting plan or a child support
70 order, the other parent's obligations under the parenting plan or the child support order are not
71 affected. Failure to comply with a provision of the parenting plan or a child support order may
72 result in a finding of contempt of court.
73 Section 2. Section 30-3-37 is amended to read:
74 30-3-37. Relocation.
75 (1) (a) When either parent decides to move from the state of Utah or 150 miles or more
76 from the residence specified in the court's decree, that parent shall provide [reasonable
77 advance] written notice of the intended relocation to the other parent. The written notice of
78 relocation shall contain statements affirming the following:
79 (i) the parent-time provisions in Subsection (5) will be followed; and
80 (ii) neither parent will interfere with the other's parental rights or court ordered
81 parent-time arrangements.
82 (b) Each parent shall sign the notice indicating agreement with the provisions before
83 relocation may be made.
84 (2) The court may, upon motion of any party or upon the court's own motion, schedule
85 a hearing with notice to review the notice of relocation and parent-time schedule as provided in
86 Section 30-3-35 and make appropriate orders regarding the parent-time and costs for
87 parent-time transportation.
88 (3) In determining the parent-time schedule and allocating the transportation costs, the
89 court shall consider:

90 (a) the reason for the parent's relocation;
91 (b) the additional costs or difficulty to both parents in exercising parent-time;
92 (c) the economic resources of both parents; and
93 (d) other factors the court considers necessary and relevant.
94 (4) Upon the motion of any party, the court may order the parent intending to move to
95 pay the costs of transportation for:
96 (a) at least one visit per year with the other parent; and
97 (b) any number of additional visits as determined equitable by the court.
98 (5) Unless otherwise ordered by the court, upon the relocation of one of the parties the
99 following schedule shall be the minimum requirements for parent-time with a school-age child:
100 (a) in years ending in an odd number, the child shall spend the following holidays with
101 the noncustodial parent:
102 (i) Thanksgiving holiday beginning Wednesday until Sunday; and
103 (ii) the fall school break, if applicable, beginning the last day of school before the
104 holiday until the day before school resumes;
105 (b) in years ending in an even number, the child shall spend the following holidays
106 with the noncustodial parent:
107 (i) the entire winter school break period; and
108 (ii) Spring break beginning the last day of school before the holiday until the day
109 before school resumes; and
110 (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
111 weeks. The week before school begins may not be counted as part of the summer period.
112 (6) Upon the motion of any party, the court may order uninterrupted parent-time with
113 the noncustodial parent for a minimum of 30 days during extended parent-time, unless the
114 court finds it is not in the best interests of the child. If the court orders uninterrupted
115 parent-time during a period not covered by this section, it shall specify in its order which parent
116 is responsible for the child's travel expenses.
117 (7) Unless otherwise ordered by the court the relocating party shall be responsible for
118 all the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel
119 expenses relating to Subsection (5)(c), provided the noncustodial party is current on all support
120 obligations. If the noncustodial party has been found in contempt for not being current on all

121 support obligations, he shall be responsible for all of the child's travel expenses under
122 Subsection (5), unless the court rules otherwise. Reimbursement by either responsible party to
123 the other for the child's travel expenses shall be made within 30 days of receipt of documents
124 detailing those expenses.
125 (8) The court may apply this provision to any preexisting decree of divorce.
126 (9) Any action under this section may be set for an expedited hearing.
127 Section 3. Section 76-5-303 is amended to read:
128 76-5-303. Custodial interference.
129 (1) A person, whether a parent or other, is guilty of custodial interference if, without
130 good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its
131 parent, guardian, or other lawful custodian:
132 (a) knowing the actor has no legal right to do so; and
133 (b) with intent to hold the child for a period substantially longer than the parent-time or
134 custody period previously awarded by a court of competent jurisdiction.
135 (2) A person, whether a parent or other, is guilty of custodial interference if, having
136 actual physical custody of a child under the age of 16 pursuant to a judicial award of any court
137 of competent jurisdiction which grants to another person parent-time, visitation, or custody
138 rights, and without good cause the actor conceals or detains the child with intent to deprive the
139 other person of lawful parent-time, visitation, or custody rights.
140 (3) A parent is guilty of custodial interference if he or she violates any provisions of
141 the notice of relocation created pursuant to Section 30-3-37 .
142 [(3)] (4) Custodial interference is a class A misdemeanor unless the child is removed
143 and taken from one state to another, in which case it is a felony of the third degree.




Legislative Review Note
as of 1-27-03 10:51 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel