Christensen v. Christensen - 2026 UT App 104 THE UTAH COURT OF APPEALS JEFFREY CHRISTENSEN, Appellant, v. COURTNEY JESSICA CHRISTENSEN, Appellee. Opinion No. 20240810-CA Filed July 9, 2026 Third District…
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
Few legal proceedings can rearrange a person’s life as quickly as an ex parte protective order. A judge can remove someone from the family home, restrict contact with children, limit access to…
This post is a companion to The Bloodletting of Family Law. That post diagnosed a system that mistakes itself for the cure. This one is about the cure the system…
For centuries, physicians bled their patients and called it medicine. The patients got weaker; the doctors, confident in their training, prescribed more bleeding. Medicine now has a name for harm…
In most courtrooms, a litigant cannot restrict another person’s fundamental rights by repeating untested, out-of-court accusations. If a party tries to prove serious allegations through “someone told me” evidence, the…
On the surface, family court looks like a place of reason. There are statutes, rules of evidence, financial declarations, parenting plans, sworn testimony, judicial findings, and orders written in the…
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
In re A.H., 2026 UT App 88 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN…
State v. Collard, 2026 UT App 87 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. KEVIN MICHAEL COLLARD, Appellant. Opinion No. 20240532-CA Filed June 4, 2026 Third District…
Few courtroom phrases are more soothing—or more dangerous—than this response to a valid hearsay objection: “I’ll admit it, but I’ll give it the appropriate weight.” The phrase sounds disciplined. It…
Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…
In a Utah personal injury case, if a doctor testifies that a low-speed collision caused a traumatic brain injury, that opinion will usually face meaningful scrutiny under Rule 702 of…
State v. Paramoure - 2026 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, V. PHILIP CHRISTOPHER PARAMOURE, Appellant. Opinion No. 20240381-CA Filed May 7, 2026 Third District Court, Salt Lake Department The Honorable…
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
When a $100,000 asset can become $1,000 before trial, valuation timing—not ownership—is the real fight. If you’re holding NFTs and heading into a divorce, understand this: the court does not…
Family law emergencies do not follow business hours. What you do—or fail to do—in the first moments of a crisis often dictates your success in court months later. CRITICAL: If you…
You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…
2026 UT App 39 THE UTAH COURT OF APPEALS LEONA MARIA PRISBREY,Appellee, V. KENT TERRY PRISBREY, Appellant. Opinion No. 20250070-CA Filed March 19, 2026 Fifth District Court, St. George Department The Honorable Keith C. Barnes No. 234500039…
In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…
The Basic Logic of Factfinding The Protection Rationale The Expertise Rationale The Record Disappears Credibility Cannot Be Tested The Court’s Position: Real Constraints, Imperfect Tools Institutional Convenience One of the…
Divorce is a legal process with emotional consequences—but the court does not care how you feel about your case. It cares about what you can prove, and how persuasively. In…
This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…
The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…
A 5-part series Series Introduction Modern legal systems run on records. Depositions are transcribed. Hearings are recorded. Police interrogations are preserved. Financial transactions generate digital trails. Making and preserving records…
Reese v. Reese - 2026 UT App 31 THE UTAH COURT OF APPEALS MAKAIBREE MARIE REESE,Appellee,v.KYLAN REESE,Appellant. Opinion No. 20240830-CA Filed March 5, 2026 Third District Court, Salt Lake Department…
When the interviews that shape custody decisions remain inside a black box, the court is asked to trust what it cannot independently verify. In Utah child custody disputes, custody evaluations…
In re B.G. – 2026 UT 2 This opinion is subject to revision before finalpublication in the Pacific Reporter 2026 UT 2 IN THE SUPREME COURT OF THE STATE OF…
In court, neither a party nor one of that party’s witnesses can simply claim to repeat what someone else said and expect the judge to treat it as proof. As…
What “Laying Foundation” Actually Means One of the most common frustrations in Utah divorce cases is this: a party has a letter, email, report, or written statement that feels decisive—and…
The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…