1     
AMENDMENTS TO MANDATORY COURSES FOR FAMILY

2     
LAW ACTIONS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Joseph Elison

6     
Senate Sponsor: Michael K. McKell

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions regarding mandatory courses in family law actions.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies the requirements for mandatory courses in temporary separation, divorce,
14     and parentage actions;
15          ▸     clarifies the requirements for the divorce orientation course in a temporary
16     separation action;
17          ▸     addresses a waiver of a mandatory course requirement by the court in a temporary
18     separation, divorce, and parentage action;
19          ▸     creates a parenting course for unmarried parties in a parentage action;
20          ▸     addresses the requirements for a parenting course in a parentage action; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          30-3-4, as last amended by Laws of Utah 2018, Chapter 470
29          30-3-4.5, as last amended by Laws of Utah 2010, Chapter 34
30          30-3-10.3, as last amended by Laws of Utah 2012, Chapter 271
31          30-3-10.4, as last amended by Laws of Utah 2023, Chapter 44
32          30-3-10.9, as last amended by Laws of Utah 2018, Chapter 37
33          30-3-11.3, as last amended by Laws of Utah 2022, Chapter 272
34          30-3-11.4, as last amended by Laws of Utah 2022, Chapter 272
35          30-3-35.2, as enacted by Laws of Utah 2021, Chapter 399
36          51-9-408, as last amended by Laws of Utah 2021, Chapter 262
37          78B-15-610, as last amended by Laws of Utah 2019, Chapter 188
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 30-3-4 is amended to read:
41          30-3-4. Pleadings -- Decree -- Mandatory course requirements -- Use of affidavit
42     -- Private records.
43          (1) As used in this section, "mandatory courses" means:
44          (a) the mandatory parenting course described in Subsection 30-3-11.3(1)(a); and
45          (b) the divorce orientation course described in Section 30-3-11.4.
46          [(1)] (2) (a) The complaint shall be in writing and signed by the petitioner or
47     petitioner's attorney.
48          (b) A decree of divorce may not be granted upon default or otherwise except upon legal
49     evidence taken in the cause. If the decree is to be entered upon the default of the respondent,
50     evidence to support the decree may be submitted upon the affidavit of the petitioner with the
51     approval of the court.
52          [(c) If the petitioner and the respondent have a child or children, a decree of divorce
53     may not be granted until both parties have attended the mandatory course described in Section
54     30-3-11.3 or 30-3-11.4, and have presented a certificate of course completion to the court. The
55     court may waive this requirement, on its own motion or on the motion of one of the parties, if it
56     determines course attendance and completion are not necessary, appropriate, feasible, or in the
57     best interest of the parties.]
58          [(d)] (c) All hearings and trials for divorce shall be held before the court or the court
59     commissioner as provided by Section 78A-5-107 and rules of the Judicial Council. The court
60     or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case
61     of a decree after default of the respondent, upon the petitioner's affidavit.
62          (3) (a) If the parties to the divorce action have a child, the parties shall attend the
63     mandatory courses:
64          (i) for the petitioner, within 60 days after the day on which the petition is filed; and
65          (ii) for the respondent, within 30 days after the day on which the respondent is served.
66          (b) If the parties to a divorce action do not have a child, the parties may choose to
67     attend the divorce orientation course described in Section 30-3-11.4.
68          (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
69     mandatory courses.
70          (d) A petition shall include information regarding the mandatory courses when the
71     petition is served on the respondent.
72          (4) For a party that is unable to pay the costs of the mandatory courses, and before the
73     court enters a decree of divorce in the action, the court shall:
74          (a) make a final determination of indigency; and
75          (b) order the party to pay the costs of the mandatory courses if the court determines the
76     party is not indigent.
77          (5) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of
78     Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
79     the divorce until the moving party completes the mandatory courses.
80          (b) It is an affirmative defense in a divorce action that a party has not completed the
81     mandatory courses and the action may not continue until a party has complied with the
82     mandatory courses.
83          (6) (a) Notwithstanding Subsections (3) and (5)(b), the court may waive the
84     requirement that the parties attend the mandatory courses, on the court's own motion or on the
85     motion of one of the parties, if the court determines course attendance and completion are not
86     necessary, appropriate, or feasible, or in the best interest of the parties.
87          (b) If the requirement is waived, the court may permit the divorce action to proceed.
88          [(2)] (7) (a) A party to an action brought under this title or to an action under Title 78B,
89     Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody
90     Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family
91     Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or
92     enforce a judgment in the action may file a motion to have the file other than the final
93     judgment, order, or decree classified as private.
94          (b) If the court finds that there are substantial interests favoring restricting access that
95     clearly outweigh the interests favoring access, the court may classify the file, or any part
96     thereof other than the final order, judgment, or decree, as private. An order classifying part of
97     the file as private does not apply to subsequent filings.
98          (c) The record is private until the judge determines it is possible to release the record
99     without prejudice to the interests that justified the closure. Any interested person may petition
100     the court to permit access to a record classified as private under this section. The petition shall
101     be served on the parties to the closure order.
102          Section 2. Section 30-3-4.5 is amended to read:
103          30-3-4.5. Motion for temporary separation order.
104          (1) A petitioner may file an action for a temporary separation order without filing a
105     petition for divorce by filing a petition for temporary separation and motion for temporary
106     orders if:
107          (a) the petitioner is lawfully married to the respondent; and
108          (b) both parties are residents of the state for at least 90 days prior to the date of filing.
109          (2) The temporary orders are valid for one year from the date of the hearing, or until
110     one of the following occurs:
111          (a) a petition for divorce is filed and consolidated with the petition for temporary
112     separation; or
113          (b) the case is dismissed.
114          (3) If a petition for divorce is filed and consolidated with the petition for temporary
115     separation, orders entered in the temporary separation shall continue in the consolidated case.
116          [(4) Both parties shall attend the divorce orientation course described in Section
117     30-3-11.4 within 60 days of the filing of the petition, for petitioner, and within 45 days of being
118     served, for respondent.]
119          (4) (a) If the parties to the temporary separation action have a child, the parties shall
120     attend the divorce orientation course described in Section 30-3-11.4:
121          (i) for the petitioner, within 60 days after the day on which the petition is filed; and
122          (ii) for the respondent, within 30 days after the day on which the respondent is served.
123          (b) If the parties to the temporary separation action do not have a child, the parties may
124     choose to attend the divorce orientation course described in Section 30-3-11.4.
125          (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation
126     course requirement.
127          (d) A petition shall include information regarding the divorce orientation course
128     requirement when the petition is served on the respondent.
129          (5) For a party that is unable to pay the costs of the divorce orientation course, and
130     before the court enters a decree of divorce in the action, the court shall:
131          (a) make a final determination of indigency; and
132          (b) order the party to pay the costs of the divorce orientation course if the court
133     determines the party is not indigent.
134          (6) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of
135     Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
136     the temporary separation petition until the moving party completes the divorce orientation
137     course.
138          (b) It is an affirmative defense in a temporary separation action that a party has not
139     completed the divorce orientation course and the action may not continue until a party has
140     complied with the divorce orientation course.
141          (7) (a) Notwithstanding Subsections (4) or (6)(b), the court may waive the requirement
142     that the parties attend the divorce orientation course, on the court's own motion or on the
143     motion of one of the parties, if the court determines course attendance and completion are not
144     necessary, appropriate, or feasible, or in the best interest of the parties.
145          (b) If the requirement is waived, the court may permit the temporary separation action
146     to proceed.
147          [(5)] (8) Service shall be made upon respondent, together with a 20-day summons, in
148     accordance with the rules of civil procedure.
149          [(6)] (9) The fee for filing the petition for temporary separation orders is $35. If either
150     party files a petition for divorce within one year from the date of filing the petition for
151     temporary separation, the separation filing fee shall be credited towards the filing fee for the
152     divorce.
153          Section 3. Section 30-3-10.3 is amended to read:
154          30-3-10.3. Terms of joint legal or physical custody order.
155          [(1) Unless the court orders otherwise, before a final order of joint legal custody or
156     joint physical custody is entered both parties shall attend the mandatory course for divorcing
157     parents, as provided in Section 30-3-11.3, and present a certificate of completion from the
158     course to the court.]
159          [(2)] (1) An order of joint legal or physical custody shall provide terms the court
160     determines appropriate, which may include specifying:
161          (a) either the county of residence of the child, until altered by further order of the court,
162     or the custodian who has the sole legal right to determine the residence of the child;
163          (b) that the parents shall exchange information concerning the health, education, and
164     welfare of the child, and where possible, confer before making decisions concerning any of
165     these areas;
166          (c) the rights and duties of each parent regarding the child's present and future physical
167     care, support, and education;
168          (d) provisions to minimize disruption of the child's attendance at school and other
169     activities, his daily routine, and his association with friends; and
170          (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
171     exercised by the parents solely, concurrently, or jointly.
172          [(3)] (2) The court shall, where possible, include in the order the terms of the parenting
173     plan provided in accordance with Section 30-3-10.8.
174          [(4)] (3) Any parental rights not specifically addressed by the court order may be
175     exercised by the parent having physical custody of the child the majority of the time.
176          [(5)] (4) The appointment of joint legal or physical custodians does not impair or limit
177     the authority of the court to order support of the child, including payments by one custodian to
178     the other.
179          [(6)] (5) An order of joint legal custody, in itself, is not grounds for modifying a
180     support order.
181          [(7)] (6) An order of joint legal or physical custody shall require a parenting plan
182     incorporating a dispute resolution procedure the parties agree to use:
183          (a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with
184     Subsection 30-3-10.2(5); and
185          (b) before seeking enforcement or modification of the terms and conditions of the order
186     of joint legal or physical custody through litigation, except in emergency situations requiring ex
187     parte orders to protect the child.
188          Section 4. Section 30-3-10.4 is amended to read:
189          30-3-10.4. Modification or termination of order.
190          (1) On the petition of one or both of the parents, or the joint legal or physical
191     custodians if they are not the parents, the court may, after a hearing, modify or terminate an
192     order that established joint legal custody or joint physical custody if:
193          (a) the verified petition or accompanying affidavit initially alleges that admissible
194     evidence will show that the circumstances of the child or one or both parents or joint legal or
195     physical custodians have materially and substantially changed since the entry of the order to be
196     modified;
197          (b) a modification of the terms and conditions of the order would be an improvement
198     for and in the best interest of the child; and
199          (c) (i) both parents have complied in good faith with the dispute resolution procedure
200     in accordance with Subsection [30-3-10.3(7)] 30-3-10.3(6); or
201          (ii) if no dispute resolution procedure is contained in the order that established joint
202     legal custody or joint physical custody, the court orders the parents to participate in a dispute
203     resolution procedure in accordance with Subsection 30-3-10.2(5) unless the parents certify that,
204     in good faith, they have used a dispute resolution procedure to resolve their dispute.
205          (2) (a) In determining whether the best interest of a child will be served by either
206     modifying or terminating the joint legal custody or joint physical custody order, the court shall,
207     in addition to other factors the court considers relevant, consider the factors outlined in Section
208     30-3-10 and Subsection 30-3-10.2(2).
209          (b) A court order modifying or terminating an existing joint legal custody or joint
210     physical custody order shall contain written findings that:
211          (i) a material and substantial change of circumstance has occurred; and
212          (ii) a modification of the terms and conditions of the order would be an improvement
213     for and in the best interest of the child.
214          (c) The court shall give substantial weight to the existing joint legal custody or joint
215     physical custody order when the child is thriving, happy, and well-adjusted.
216          (3) The court shall, in every case regarding a petition for termination of a joint legal
217     custody or joint physical custody order, consider reasonable alternatives to preserve the
218     existing order in accordance with Subsection 30-3-10(3). The court may modify the terms and
219     conditions of the existing order in accordance with Subsection 30-3-10(8) and may order the
220     parents to file a parenting plan in accordance with this chapter.
221          (4) A parent requesting a modification from sole custody to joint legal custody or joint
222     physical custody or both, or any other type of shared parenting arrangement, shall file and serve
223     a proposed parenting plan with the petition to modify in accordance with Section 30-3-10.8.
224          (5) If the court finds that an action under this section is filed or answered frivolously
225     and in a manner designed to harass the other party, the court shall assess attorney fees as costs
226     against the offending party.
227          (6) If an issue before the court involves custodial responsibility in the event of
228     deployment of one or both parents who are service members, and the service member has not
229     yet been notified of deployment, the court shall resolve the issue based on the standards in
230     Sections 78B-20-306 through 78B-20-309.
231          Section 5. Section 30-3-10.9 is amended to read:
232          30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute
233     resolution -- Education plan.
234          (1) The objectives of a parenting plan are to:
235          (a) provide for the child's physical care;
236          (b) maintain the child's emotional stability;
237          (c) provide for the child's changing needs as the child grows and matures in a way that
238     minimizes the need for future modifications to the parenting plan;
239          (d) set forth the authority and responsibilities of each parent with respect to the child
240     consistent with the definitions outlined in this chapter;
241          (e) minimize the child's exposure to harmful parental conflict;
242          (f) encourage the parents, where appropriate, to meet the responsibilities to their minor
243     children through agreements in the parenting plan rather than relying on judicial intervention;
244     and
245          (g) protect the best interests of the child.
246          (2) The parenting plan shall contain provisions for resolution of future disputes
247     between the parents, allocation of decision-making authority, and residential provisions for the
248     child, and provisions addressing notice and parent-time responsibilities in the event of the
249     relocation of either party. It may contain other provisions comparable to those in Sections
250     30-3-5 and 30-3-10.3 regarding the welfare of the child.
251          (3) A process for resolving disputes shall be provided unless precluded or limited by
252     statute. A dispute resolution process may include:
253          (a) counseling;
254          (b) mediation or arbitration by a specified individual or agency; or
255          (c) court action.
256          (4) In the dispute resolution process:
257          (a) preference shall be given to the provisions in the parenting plan;
258          (b) parents shall use the designated process to resolve disputes relating to
259     implementation of the plan, except those related to financial support, unless an emergency
260     exists;
261          (c) a written record shall be prepared of any agreement reached in counseling or
262     mediation and provided to each party;
263          (d) if arbitration becomes necessary, a written record shall be prepared and a copy of
264     the arbitration award shall be provided to each party;
265          (e) if the court finds that a parent has used or frustrated the dispute resolution process
266     without good reason, the court may award attorney fees and financial sanctions to the
267     prevailing parent;
268          (f) the district court has the right of review from the dispute resolution process; and
269          (g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
270          (5) (a) Subject to the other provisions of this Subsection (5), the parenting plan shall
271     allocate decision-making authority to one or both parties regarding the child's education,
272     healthcare, and religious upbringing. The parties may incorporate an agreement related to the
273     care and growth of the child in these specified areas or in other areas into the plan, consistent
274     with the criteria outlined in Subsection 30-3-10.7(2) and Subsection (1). Regardless of the
275     allocation of decision-making in the parenting plan, either parent may make emergency
276     decisions affecting the health or safety of the child.
277          (b) A child's education plan shall designate the following:
278          (i) the home residence for purposes of identifying the appropriate school or another
279     specific plan that provides for where the child will attend school;
280          (ii) which parent has authority to make education decisions for the child if the parents
281     cannot agree; and
282          (iii) whether one or both parents have access to the child during school and authority to
283     check the child out of school.
284          (c) If no education provision is included in the parent plan:
285          (i) a parent with sole physical custody shall make the decisions listed in Subsection
286     (5)(b);
287          (ii) in the event of joint physical custody when one parent has custody a majority of the
288     time, pursuant to Subsection [30-3-10.3(4)] 30-3-10.3(3):
289          (A) the parent having the child the majority of the time shall make the decisions listed
290     in Subsections (5)(b)(i) and (ii); and
291          (B) both parents with joint physical custody shall have access to the child during
292     school and authority to check the child out of school; or
293          (iii) in the event of joint physical custody when the parents have custody an equal
294     amount of time:
295          (A) the court shall determine how the decisions listed in Subsections (5)(b)(i) and (ii)
296     are made; and
297          (B) both parents with joint physical custody shall have access to the child during
298     school and authority to check the child out of school.
299          (6) Each parent may make decisions regarding the day-to-day care and control of the
300     child while the child is residing with that parent.
301          (7) When mutual decision-making is designated but cannot be achieved, the parties
302     shall make a good faith effort to resolve the issue through the dispute resolution process.
303          (8) The plan shall include a residential schedule that designates in which parent's home
304     each minor child shall reside on given days of the year, including provisions for holidays,
305     birthdays of family members, vacations, and other special occasions.
306          (9) If a parent fails to comply with a provision of the parenting plan or a child support
307     order, the other parent's obligations under the parenting plan or the child support order are not
308     affected. Failure to comply with a provision of the parenting plan or a child support order may
309     result in a finding of contempt of court.
310          (10) (a) When one or both parents are servicemembers, the parenting plan shall contain
311     provisions that address the foreseeable parenting and custodial issues likely to arise in the event
312     of notification of deployment or other contingency, including long-term deployments,
313     short-term deployments, death, incapacity, and noncombatant evacuation operations.
314          (b) The provisions in the parenting plan described in Subsection (10)(a) shall comport
315     substantially with the requirements of an agreement made pursuant to Section 78B-20-201.
316          Section 6. Section 30-3-11.3 is amended to read:
317          30-3-11.3. Mandatory parenting course for parties in a divorce or parentage
318     action.
319          (1) The Judicial Council shall approve and implement:
320          (a) a mandatory parenting course [for divorcing parents] in all judicial districts[. The
321     mandatory course is designed to educate and sensitize divorcing parties to their children's needs
322     both during and after the divorce process.] for married parties in a divorce action determining
323     issues of child custody and parent-time; and
324          (b) a mandatory parenting course in all judicial districts for unmarried parties in a
325     parentage action determining issues of child custody and parent-time.
326          (2) The Judicial Council shall adopt rules to implement and administer [this program]
327     the mandatory parenting courses described in Subsection (1).
328          [(3) (a) As a prerequisite to receiving a divorce decree, both parties are required to
329     attend a mandatory course on their children's needs after filing a complaint for divorce and
330     receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived,
331     the court may permit the divorce action to proceed.]
332          [(b) With the exception of a temporary restraining order pursuant to Rule 65, Utah
333     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
334     related to the divorce until the moving party completes the mandatory educational course for
335     divorcing parents required by this section.]
336          [(4) The court may require unmarried parents to attend this educational course when
337     those parents are involved in a visitation or custody proceeding before the court.]
338          [(5)] (3) [The mandatory course shall instruct both parties:] The mandatory parenting
339     courses shall educate and sensitize parties to the needs of the parties' child during and after the
340     court process, including instructing the parties:
341          (a) about [divorce and its impacts] the impact of the court process, and its outcome, on:
342          (i) [their child or children] the child;
343          (ii) [their] the family relationship; and
344          (iii) [their financial responsibilities for their child or children] the financial
345     responsibilities of the parties to the child; and
346          (b) that domestic violence has a harmful effect on children and family relationships.
347          [(6)] (4) (a) [The course] The mandatory parenting courses may be provided through
348     live instruction, video instruction, or an online provider.
349          (b) The online and video options under Subsection (4)(a) must be formatted as
350     interactive presentations that ensure active participation and learning by the [parent] party.
351          [(7)] (5) (a) The Administrative Office of the Courts shall administer [the course
352     pursuant to] the mandatory parenting courses, in accordance with Title 63G, Chapter 6a, Utah
353     Procurement Code, through private or public contracts and organize the program in each of
354     Utah's judicial districts.
355          (b) The contracts shall provide for the recoupment of administrative expenses through
356     the costs charged to individual parties[, pursuant to Subsection (9).] as described in Subsection
357     (7).
358          [(8)] (6) A certificate of completion constitutes evidence to the court of [course]
359     completion of a parenting course under this section by the parties.
360          [(9)] (7) (a) Each party shall pay the [costs of the] cost of a parenting course to the
361     independent contractor providing the course at the time and place of the course.
362          (b) A fee of $8 shall be collected, as part of [the course] a parenting course fee paid by
363     each participant, and deposited in the Children's Legal Defense Account[,] described in Section
364     51-9-408.
365          [(b)] (c) Each party who is unable to pay the [costs of the] cost of a parenting course
366     may attend the parenting course, without payment, upon a prima facie showing of indigency as
367     evidenced by an affidavit of indigency filed in the district court in accordance with Section
368     78A-2-302. [In those situations, the independent contractor shall be reimbursed for the
369     independent contractor's costs from the appropriation to the Administrative Office of the
370     Courts for "Mandatory Educational Course for Divorcing Parents Program." Before a decree of
371     divorce may be entered, the court shall make a final review and determination of indigency and
372     may order the payment of the costs if so determined.]
373          (d) The Administrative Office of the Courts shall use appropriations from the
374     Children's Legal Defense Account to reimburse an independent contractor for the costs of a
375     party who is unable to pay for a parenting course under Subsection (7)(c).
376          [(10) Appropriations from the General Fund to the Administrative Office of the Courts
377     for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
378     the costs of an indigent parent who makes a showing as provided in Subsection (9)(b).]
379          [(11)] (8) The Administrative Office of the Courts shall:
380          (a) adopt a program to evaluate the effectiveness of [the mandatory educational course.
381     Progress reports shall be provided if requested by the Judiciary Interim Committee.] the
382     mandatory parenting courses; and
383          (b) provide progress reports to the Judiciary Interim Committee if requested.
384          Section 7. Section 30-3-11.4 is amended to read:
385          30-3-11.4. Mandatory orientation course for divorce or temporary separation
386     actions.
387          (1) (a) There is established a mandatory divorce orientation course for all parties with
388     minor children who file a petition for temporary separation or for a divorce.
389          (b) A couple with no minor children is not required, but may choose to attend the
390     course. [The purpose of the course is to educate parties about the divorce process and
391     reasonable alternatives.]
392          [(2) A petitioner shall attend a divorce orientation course no more than 60 days after
393     filing a petition for divorce.]
394          [(3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah
395     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
396     related to the divorce or petition for temporary separation, until the moving party completes the
397     divorce orientation course.]
398          [(b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
399     course before a divorce decree may be entered, unless waived by the court under Section
400     30-3-4.]
401          [(4) The respondent shall attend the divorce orientation course no more than 30 days
402     after being served with a petition for divorce.]
403          [(5) The clerk of the court shall provide notice to a petitioner of the requirement for the
404     course, and information regarding the course shall be included with the petition or motion,
405     when served on the respondent.]
406          [(6)] (2) The divorce orientation course shall be neutral, unbiased, and at least one hour
407     in duration[, and include:].
408          (3) The divorce orientation course shall educate the parties about the divorce process
409     and reasonable alternatives, including instructing the parties on:
410          (a) options available as alternatives to divorce;
411          (b) resources available from courts and administrative agencies for resolving custody
412     and support issues without filing for divorce;
413          (c) resources available to improve or strengthen the marriage;
414          (d) a discussion of the positive and negative consequences of divorce;
415          (e) a discussion of the process of divorce;
416          (f) options available for proceeding with a divorce, including:
417          (i) mediation;
418          (ii) collaborative law; and
419          (iii) litigation; and
420          (g) a discussion of post-divorce resources.
421          [(7)] (4) The divorce orientation course may be provided in conjunction with [the
422     mandatory course for divorcing parents] a mandatory parenting course required by Section
423     30-3-11.3.
424          [(8)] (5) The Administrative Office of the Courts shall administer the [course pursuant
425     to] divorce orientation course, in accordance with Title 63G, Chapter 6a, Utah Procurement
426     Code, through private or public contracts and organize the program in each of Utah's judicial
427     districts.
428          [(9)] (6) The divorce orientation course may be through live instruction, video
429     instruction, or through an online provider.
430          [(10)] (7) (a) A [participant] party shall pay the [costs] cost of the divorce orientation
431     course[, which may not exceed $30,] to the independent contractor providing the course at the
432     time and place of the course.
433          (b) A party may not be charged more than $30 to participate in the divorce orientation
434     course.
435          (c) A petitioner may not be charged more than $15 to participate in the divorce
436     orientation course if the petitioner attends a live instruction course within 30 days after the day
437     on which the petitioner filed the action.
438          (d) A respondent may not be charged more than $15 to participate in the divorce
439     orientation course if the respondent attends a live instruction course within 30 days after the
440     day on which the respondent is served with the action.
441          [(b) A petitioner who attends a live instruction course within 30 days of filing may not
442     be charged more than $15 for the course.]
443          [(c) A respondent who attends a live instruction course within 30 days of being served
444     with a petition for divorce may not be charged more than $15 for the course.]
445          [(d)] (e) A fee of $5 shall be collected, as part of the divorce orientation course fee paid
446     by each participant, and deposited in the Children's Legal Defense Account described in
447     Section 51-9-408.
448          [(e)] (f) Each party who is unable to pay the costs of the course may attend the divorce
449     orientation course, without payment, upon a prima facie showing of indigency as evidenced by
450     an affidavit of indigency filed in the district court in accordance with Section 78A-2-302. [The
451     independent contractor shall be reimbursed for the independent contractor's costs by the
452     Administrative Office of the Courts. A petitioner who is later determined not to meet the
453     qualifications for indigency may be ordered to pay the costs of the course.]
454          (g) The Administrative Office of the Courts shall use appropriations from the
455     Children's Legal Defense Account to reimburse an independent contractor for the costs of a
456     party who is unable to pay for the divorce orientation course under Subsection (7)(f).
457          [(11) Appropriations from the General Fund to the Administrative Office of the Courts
458     for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
459     determined to be indigent as provided in Subsection (10)(e).]
460          [(12)] (8) The Online Court Assistance Program shall include instructions with the
461     forms for divorce that inform the petitioner of the requirement of this section.
462          [(13)] (9) A certificate of completion constitutes evidence to the court of [course]
463     completion of the divorce orientation course by the parties.
464          [(14) It shall be an affirmative defense in all divorce actions that the divorce orientation
465     requirement was not complied with, and the action may not continue until a party has
466     complied.]
467          [(15)] (10) The Administrative Office of the Courts shall:
468          (a) adopt a program to evaluate the effectiveness of [the mandatory educational course.
469     Progress reports shall be provided if requested by the Judiciary Interim Committee.] the
470     divorce orientation course described in this section; and
471          (b) provide progress reports to the Judiciary Interim Committee if requested.
472          Section 8. Section 30-3-35.2 is amended to read:
473          30-3-35.2. Equal parent-time schedule.
474          (1) (a) A court may order the equal parent-time schedule described in this section if the
475     court determines that:
476          (i) the equal parent-time schedule is in the child's best interest;
477          (ii) each parent has been actively involved in the child's life; and
478          (iii) each parent can effectively facilitate the equal parent-time schedule.
479          (b) To determine whether each parent has been actively involved in the child's life, the
480     court shall consider:
481          (i) each parent's demonstrated responsibility in caring for the child;
482          (ii) each parent's involvement in child care;
483          (iii) each parent's presence or volunteer efforts in the child's school and at
484     extracurricular activities;
485          (iv) each parent's assistance with the child's homework;
486          (v) each parent's involvement in preparation of meals, bath time, and bedtime for the
487     child;
488          (vi) each parent's bond with the child; and
489          (vii) any other factor the court considers relevant.
490          (c) To determine whether each parent can effectively facilitate the equal parent-time
491     schedule, the court shall consider:
492          (i) the geographic distance between the residence of each parent and the distance
493     between each residence and the child's school;
494          (ii) each parent's ability to assist with the child's after school care;
495          (iii) the health of the child and each parent, consistent with Subsection 30-3-10(6);
496          (iv) the flexibility of each parent's employment or other schedule;
497          (v) each parent's ability to provide appropriate playtime with the child;
498          (vi) each parent's history and ability to implement a flexible schedule for the child;
499          (vii) physical facilities of each parent's residence; and
500          (viii) any other factor the court considers relevant.
501          (2) (a) If the parties agree to or the court orders the equal parent-time schedule
502     described in this section, a parenting plan in accordance with Sections 30-3-10.7 through
503     30-3-10.10 shall be filed with an order incorporating the equal parent-time schedule.
504          (b) An order under this section shall result in 182 overnights per year for one parent,
505     and 183 overnights per year for the other parent.
506          (c) Under the equal parent-time schedule, neither parent is considered to have the child
507     the majority of the time for the purposes of Subsection [30-3-10.3(4)] 30-3-10.3(3) or
508     30-3-10.9(5)(c)(ii).
509          (d) Child support for the equal parent-time schedule shall be consistent with Section
510     78B-12-208.
511          (e) (i) A court shall determine which parent receives 182 overnights and which parent
512     receives 183 overnights for parent-time.
513          (ii) For the purpose of calculating child support under Section 78B-12-208, the amount
514     of time to be spent with the parent who has the lower gross monthly income is considered 183
515     overnights, regardless of whether the parent receives 182 overnights or 183 overnights under
516     Subsection (2)(e)(i).
517          (3) (a) Unless the parents agree otherwise and subject to a holiday, the equal
518     parent-time schedule is as follows:
519          (i) one parent shall exercise parent-time starting Monday morning and ending
520     Wednesday morning;
521          (ii) the other parent shall exercise parent-time starting Wednesday morning and ending
522     Friday morning; and
523          (iii) each parent shall alternate weeks exercising parent-time starting Friday morning
524     and ending Monday morning.
525          (b) The child exchange shall take place:
526          (i) at the time the child's school begins; or
527          (ii) if school is not in session, at 9 a.m.
528          (4) (a) The parents may create a holiday schedule.
529          (b) If the parents are unable to create a holiday schedule under Subsection (4)(a), the
530     court shall:
531          (i) order the holiday schedule described in Section 30-3-35; and
532          (ii) designate which parent shall exercise parent-time for each holiday described in
533     Section 30-3-35.
534          (5) (a) Each year, a parent may designate two consecutive weeks to exercise
535     uninterrupted parent-time during the summer when school is not in session.
536          (b) (i) One parent may make a designation at any time and the other parent may make a
537     designation after May 1.
538          (ii) A parent shall make a designation at least 30 days before the day on which the
539     designated two-week period begins.
540          (c) The court shall designate which parent may make the earlier designation described
541     in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the
542     earlier designation in an odd numbered year.
543          (d) The two consecutive weeks described in Subsection (5)(a) take precedence over all
544     holidays except for Mother's Day and Father's Day.
545          Section 9. Section 51-9-408 is amended to read:
546          51-9-408. Children's Legal Defense Account.
547          (1) There is created a restricted account within the General Fund known as the
548     Children's Legal Defense Account.
549          (2) The purpose of the Children's Legal Defense Account is to provide for programs
550     that protect and defend the rights, safety, and quality of life of children.
551          (3) (a) The Legislature shall appropriate money from the account for the administrative
552     and related costs of the following programs:
553          [(i) implementing the Mandatory Educational Course on Children's Needs for
554     Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4,
555     30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time;]
556          (i) implementing the mandatory courses described in Sections 30-3-11.3 and 30-3-11.4
557     and the mediation program for child custody or parent-time;
558          (ii) implementing the use of guardians ad litem in accordance with Sections
559     78A-2-703, 78A-2-705, 78A-2-803, and 78B-3-102;
560          (iii) the training of attorney guardians ad litem and volunteers as provided in Section
561     78A-2-803;
562          (iv) implementing and administering the Expedited Parent-time Enforcement Program
563     as provided in Section 30-3-38; and
564          (v) implementing and administering the Divorce Education for Children Program.
565          (b) The Children's Legal Defense Account may not be used to supplant funding for the
566     guardian ad litem program under Section 78A-2-803.
567          (4) The following withheld fees shall be allocated only to the Children's Legal Defense
568     Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
569          (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
570     as provided in Section 17-16-21; and
571          (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
572     complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
573          (5) The Division of Finance shall allocate the money described in Subsection (4) from
574     the General Fund to the Children's Legal Defense Account.
575          (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
576     of any fiscal year shall lapse into the General Fund.
577          Section 10. Section 78B-15-610 is amended to read:
578          78B-15-610. Joinder of judicial proceedings -- Court reliance of custody and
579     parent-time standards -- Mandatory parenting course.
580          (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
581     parentage may be joined with a proceeding for adoption, termination of parental rights, child
582     custody or visitation, child support, divorce, annulment, legal separation or separate
583     maintenance, probate or administration of an estate, or other appropriate proceeding.
584          (2) A respondent may not join a proceeding described in Subsection (1) with a
585     proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform
586     Interstate Family Support Act.
587          (3) A court may rely on Title 30, Chapter 3, Divorce, in determining issues related to
588     custody or parent-time.
589          (4) (a) If a parentage action is determining issues of custody or parent-time for a child
590     and the parents of the child are not married, the parties shall attend the mandatory parenting
591     course described in Subsection 30-3-11.3(1)(b) within:
592          (i) for the petitioner, 60 days after the day on which the petition is filed; and
593          (ii) for the respondent, 30 days after the day on which the respondent is served.
594          (b) The clerk of the court shall provide notice to a petitioner that the petitioner is
595     required to attend the parenting course.
596          (c) A petition shall include information regarding the parenting course when the
597     petition is served on the respondent.
598          (d) The court may not grant a final custody or parent-time order in a parentage action
599     until:
600          (i) both parties have attended the parenting course; and
601          (ii) both parties have presented a certificate of course completion to the court.
602          (5) For a party that is unable to pay the costs of the parenting course, and before the
603     court enters an order for custody or parent-time in the parentage action, the court shall:
604          (a) make a final determination of indigency; and
605          (b) order the party to pay the costs of the parenting course if the court determines the
606     party is not indigent.
607          (6) (a) Notwithstanding Subsection (4), the court may waive the requirement that the
608     parties attend the parenting course, on the court's own motion or on the motion of one of the
609     parties, if the court determines course attendance and completion are not necessary,
610     appropriate, or feasible, or in the best interest of the parties.
611          (b) If the requirement is waived, the court may proceed with entering a final custody or
612     parent-time order.
613          Section 11. Effective date.
614          This bill takes effect on May 1, 2024.