Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a decree that contains orders of the court.
These orders were issued by the court to resolve the issues that arose between the disputing parties in the case. In a divorce situation, for example, the court will issue orders that dissolve the marriage, divide marital property between the husband and wife, divide responsibility for marital debts between them, it may award alimony, It may award attorney’s fees to a party, and—if the couple has minor children—make awards of child custody and parent time and child support. The court may issue other orders as well, depending upon the circumstances of the parties and what issues are unique to their particular case.
In child custody cases, the court’s child custody and support orders will be similar to those in a divorce case.
Many divorced people and single parents who have court orders find themselves surprised and irritated and frustrated when the other party or parent fails or refuses to comply with the court’s orders.
Noncompliance with court orders can take many different forms:
- Failure or refusal to turn over personal property (personal property means “movable property; belongings exclusive of land and buildings,” and so personal property are things like furniture, cars, money, etc. ) or real property (real property means a parcel of land and structures that are permanently attached to the land, such as a house or commercial building, a barn, etc.)
- Non-payment of alimony
- Non-payment of and/or non-reimbursement for marital debts that one’s ex-spouse was ordered responsible for paying.
- Non-payment of child support (in all of its various forms: reimbursement of child care expenses, reimbursement of medical and dental care expenses, reimbursement of medical and health care insurance premiums)
- Violation of restraining orders, such as an order that prohibits the parties from using disparaging language in their communications with each other, going to the other party’s place of employment, or residence, or school when the court has ordered that person barred from being there.
- Violation of the custody and parent time orders, where a parent interferes with the other parent’s efforts to pick up the children for his/her custodial periods and/or parent-time.
So how does an ex-spouse or a single parent who has an ex-spouse or a co-parent who is violating court orders enforce them? That process is governed by Utah Rules of Civil Procedure Rule 7A (the text of Rule 7A is provided at the end of this post).
Some people want to know if they can file motions to enforce court orders by themselves, without being represented by or assisted by an attorney. The answer is “yes,” it can be done, but many people find it too difficult. But it would be best for you to review the do-it-yourself option before you decide to retain an attorney to assist you and to represent you. That way, you know that you made an informed and a wise decision.
Here is the link to the Utah courts web page, where you can find the do-it-yourself motion to enforce instructions page and associated forms:
Motion to Enforce Order (utcourts.gov)
You should review both 1) the courts web page and familiarize yourself with the do-it-yourself option; and 2) rule 7A to determine whether you’re better off pursuing a motion to enforce by yourself or with an attorney’s help.
Rule 7A. Motion to enforce order and for sanctions.
Effective: 5/1/2023
(a) Motion. To enforce a court order or to obtain a sanctions order for violation of an order, including in supplemental proceedings under Rule 64, a party must file an ex parte motion to enforce order and for sanctions (if requested), pursuant to this rule and Rule 7. The motion must be filed in the same case in which that order was entered. The timeframes set forth in this rule, rather than those set forth in Rule 7, govern motions to enforce orders and for sanctions.
(b) Affidavit. The motion must state the title and date of entry of the order that the moving party seeks to enforce. The motion must be verified, or must be accompanied by at least one supporting affidavit or declaration that is based on personal knowledge and shows that the affiant or declarant is competent to testify on the matters set forth. The verified motion, affidavit, or declaration must set forth facts that would be admissible in evidence and that would support a finding that the party has violated the order.
(c) Proposed order. The motion must be accompanied by a request to submit for decision and a proposed order to attend hearing, which must:
(1) state the title and date of entry of the order that the motion seeks to enforce;
(2) state the relief sought in the motion;
(3) state whether the motion is requesting that the other party be held in contempt and, if so, state that the penalties for contempt may include, but are not limited to, a fine of up to $1000 and confinement in jail for up to 30 days;
(4) order the other party to appear personally or through counsel at a specific place (the court’s address) and date and time (left blank for the court clerk to fill in) to explain whether the nonmoving party has violated the order; and
(5) state that no written response to the motion is required but is permitted if filed within 14 days of service of the order, unless the court sets a different time, and that any written response must follow the requirements of Rule 7.
(d) Service of the order. If the court issues an order to attend a hearing, the moving party must have the order, motion, and all supporting affidavits served on the nonmoving party at least 28 days before the hearing. Service must be in a manner provided in Rule 4 if the nonmoving party is not represented by counsel in the case. If the nonmoving party is represented by counsel in the case, service must be made on the nonmoving party’s counsel of record in a manner provided in Rule 5. For purposes of this rule, a party is represented by counsel if, within the last 120 days, counsel for that party has served or filed any documents in the case and has not withdrawn. The court may shorten the 28 day period if:
(1) the motion requests an earlier date; and
(2) it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the moving party if the hearing is not held sooner.
(e) Opposition. A written opposition is not required, but if filed, must be filed within 14 days of service of the order, unless the court sets a different time, and must follow the requirements of Rule 7.
(f) Reply. If the nonmoving party files a written opposition, the moving party may file a reply within 7 days of the filing of the opposition to the motion, unless the court sets a different time. Any reply must follow the requirements of Rule 7.
(g) Hearing. At the hearing the court may receive evidence, hear argument, and rule upon the motion, or may request additional briefing or hearings. The moving party bears the burden of proof on all claims made in the motion. At the court’s discretion, the court may convene a telephone conference before the hearing to preliminarily address any issues related to the motion, including whether the court would like to order a briefing schedule other than as set forth in this rule.
(h) Limitations. This rule does not apply to proceedings instituted by the court on its own initiative to enforce an order. This rule does not apply in criminal cases or motions filed under Rule 37. Nothing in this rule is intended to limit or alter the inherent power of the court to initiate order to show cause proceedings to assess whether cases should be dismissed for failure to prosecute or to otherwise manage the court’s docket, or to limit the authority of the court to hold a party in contempt for failure to appear pursuant to a court order.
(i) Orders to show cause. The process set forth in this rule replaces and supersedes the prior order to show cause procedure. An order to attend hearing serves as an order to show cause as that term is used in Utah law.
Utah Family Law, LC | divorceutah.com | 801-466-9277
