S.B. 12 Enrolled

TRANSPORTATION OF CHILDREN FOR
PARENT-TIME
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Patrice M. Arent

LONG TITLE
General Description:
This bill changes the requirement that the noncustodial parent be required to transport
children for parent-time visits and leaves it to the discretion of the court.
Highlighted Provisions:
This bill:
. removes the requirement that the noncustodial parent pick up and return a child for
parent-time visits; and
. gives the court discretion to require both parents to participate in the transportation
of a child for parent-time visits.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-33, as last amended by Chapter 255, Laws of Utah 2001

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-33 is amended to read:
30-3-33. Advisory guidelines.
In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5 ,
advisory guidelines are suggested to govern all parent-time arrangements between parents.

These advisory guidelines include:
(1) parent-time schedules mutually agreed upon by both parents are preferable to a
court-imposed solution;
(2) the parent-time schedule shall be utilized to maximize the continuity and stability of
the child's life;
(3) special consideration shall be given by each parent to make the child available to
attend family functions including funerals, weddings, family reunions, religious holidays, important
ceremonies, and other significant events in the life of the child or in the life of either parent which
may inadvertently conflict with the parent-time schedule;
(4) [the noncustodial parent shall pick up the child at the times specified and return the
child at the times specified, and the child's regular school hours shall not be interrupted] the
responsibility for the pick up, delivery, and return of the child shall be determined by the court
when the parent-time order is entered, and may be changed at any time a subsequent modification
is made to the parent-time order;
(5) if the noncustodial parent will be providing transportation, the custodial parent shall
have the child ready for parent-time at the time [he] the child is to be picked up and shall be
present at the custodial home or shall make reasonable alternate arrangements to receive the child
at the time [he] the child is returned;
(6) if the custodial parent will be transporting the child, the noncustodial parent shall be at
the appointed place at the time the noncustodial parent is to receive the child, and have the child
ready to be picked up at the appointed time and place, or have made reasonable alternate
arrangements for the custodial parent to pick up the child;
(7) regular school hours may not be interrupted for a school-age child for the exercise of
parent-time by either parent;
[(6)] (8) the court may make alterations in the parent-time schedule to reasonably
accommodate the work schedule of both parents and may increase the parent-time allowed to the
noncustodial parent but shall not diminish the standardized parent-time provided in Sections
30-3-35 and 30-3-35.5 ;

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[(7)] (9) the court may make alterations in the parent-time schedule to reasonably
accommodate the distance between the parties and the expense of exercising parent-time;
[(8)] (10) neither parent-time nor child support is to be withheld due to either parent's
failure to comply with a court-ordered parent-time schedule;
[(9)] (11) the custodial parent shall notify the noncustodial parent within 24 hours of
receiving notice of all significant school, social, sports, and community functions in which the
child is participating or being honored, and the noncustodial parent shall be entitled to attend and
participate fully;
[(10)] (12) the noncustodial parent shall have access directly to all school reports
including preschool and daycare reports and medical records and shall be notified immediately by
the custodial parent in the event of a medical emergency;
[(11)] (13) each parent shall provide the other with his current address and telephone
number within 24 hours of any change;
[(12)] (14) each parent shall permit and encourage liberal telephone contact during
reasonable hours and uncensored mail privileges with the child;
[(13)] (15) parental care shall be presumed to be better care for the child than surrogate
care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if
willing and able, to provide child care;
[(14)] (16) each parent shall provide all surrogate care providers with the name, current
address, and telephone number of the other parent and shall provide the noncustodial parent with
the name, current address, and telephone number of all surrogate care providers unless the court
for good cause orders otherwise; and
[(15)] (17) each parent shall be entitled to an equal division of major religious holidays
celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
does not celebrate shall have the right to be together with the child on the religious holiday.

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