The Arrest Is Not Really the Evidence: Probable Cause and Domestic Relations Cases

A parent tells the police that the other parent assaulted her. An officer responds, interviews people at the scene, and arrests the accused parent. Weeks later, the parties are in…

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In re B.J.: Prior DCFS Reunification Efforts Remain Reviewable

In re B.J. - 2026 UT App 144 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.J., C.J., AND S.W., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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Your Lawyer Has a License. That Does Not Mean You Should Stop Paying Attention.

Executive Summary A law license is not a guarantee of your lawyer’s competence, preparation, judgment, or diligence. You should not assume the worst about your lawyer, but you should understand…

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“Are We Prepared?” Is Usually the Wrong Question to Ask Your Lawyer

A hearing is coming up, and you are nervous. That is understandable. So you ask your lawyer: “Are we prepared for the hearing?” Before you ask that question, consider what…

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The Answer to Too Much Psychology in Child Custody Disputes Is Not Reflexively More Psychology

Summary. Family law increasingly describes ordinary misconduct in clinical terms. Selfishness becomes narcissism, and disagreement becomes gaslighting. When amateur psychology complicates a child custody dispute, courts and lawyers often respond…

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The First Draft Is the Fitting, Not the Finished Suit

Executive Summary: I draft legal documents the way a tailor fits a suit. I start with a proven structure, show the client an actual draft, and then adjust the approach,…

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The Standard Is Not Perfection. It Is Our Best Work and Nothing Less.

Nobody has any business demanding perfection from judges, commissioners, lawyers, guardians ad litem, custody evaluators, therapists, or court clerks. These are human beings doing difficult work, often under time pressure,…

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Bonham v. Bonham, 2026 UT App 141 | Utah Divorce Law

2026 UT App 141 THE UTAH COURT OF APPEALS EMILY CURTIS BONHAM, Appellee, v. BRANDON REYNOLDS BONHAM, Appellant. Opinion No. 20240597-CA Filed September 11, 2026                                            Third District Court, Salt Lake…

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Neither Spock Nor McCoy: What Administering Utah Family Law Actually Requires

Disraeli said never apologize for feeling, because to do so is to apologize for truth. He was right, and Utah family law should take him seriously. A parent's fear for…

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Who Gets the Benefit of the Doubt? What the Lindsay Clancy Case Can Teach Utah Family Courts

The Lindsay Clancy murder trial is about as far removed from an ordinary Utah divorce case as one can imagine. Clancy admitted killing her three young children in Massachusetts in…

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When “Erring on the Side of Caution” Becomes a Substitute for Proof

There is a powerful argument for caution in family court, and it deserves to be taken seriously. When a judge or commissioner is confronted with an allegation that a parent…

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Dahl v. Dahl: Utah Court of Appeals on Marital Property, Commingling, and Dissipation

2026 UT App 131 THE UTAH COURT OF APPEALS CHARLES DAHL, Appellee, v. KIM DAHL, Appellant. Opinion No. 20240740-CA Filed August 27, 2026 Fourth District Court, Provo Department The Honorable…

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Guanuna v. Sawatzki: Utah Court Upholds Presumed Father Despite DNA

2026 UT App 130 THE UTAH COURT OF APPEALS JUAN MIGUEL GUANUNA, Appellant, v. LINDSEY R. SAWATZKI AND JONATHAN C. SAWATZKI, Appellees. Opinion No. 20240191-CA Filed August 20, 2026 Third…

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Utah Litigants Will Soon Have a Right to Free, Expedited Access to Courtroom Audio of Their Court Proceedings

Utah has enacted a meaningful improvement in access to court proceedings. Beginning January 1, 2027, Utah Code § 78A-1-203 will require an audio recording of each public court proceeding in…

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Age 18? High School Graduation? When Child Support Actually Ends in Utah

Most parents assume child support stops the moment a child turns 18. In Utah, that assumption is wrong more often than it's right. High school graduation timing controls the termination…

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The “Noble Exit” Trap: How Moving Out Can Reshape a Child Custody Case Before It Begins

It often begins with a request that sounds perfectly reasonable. “We need some space.” “The fighting isn’t good for the kids.” “Why don’t you stay somewhere else for a while…

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The Performative Care Trap: Why Family Court Is Addicted to Therapy

There is a ritual that plays out with remarkable regularity in Utah family court proceedings. A divorce becomes ugly. A parent is angry. A child is anxious. Communication deteriorates. Someone…

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When “Special Training” Becomes a Credentialist Dodge

What “Special Training” Does a Judge Really Need to Talk to a Child? In Utah child custody disputes, one of the stock objections to having a judge interview a child…

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Let the Judge Talk to the Child. Have the Judge Talk to the Child

One of the strangest objections to judges interviewing children in child custody disputes is that the interview might make the child anxious. Of course it might. The child’s parents are…

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When (and Why) Cheap Therapy Culture Makes Family Law Worse

Mental-health awareness has helped people recognize genuine illness, obtain treatment, and speak about suffering without shame. That is real progress. But family law increasingly reveals the other side of the…

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Hidden Assets in a Utah Divorce: What Discovery Actually Does—and Where It Falls Short

Utah's entire system for dividing property, setting alimony, and calculating child support runs on one assumption: both parties are telling the truth about their finances. When that assumption breaks down,…

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The Innocent Signature That Creates an Indefinite Trap

Signing Form I-864 is a life-altering federal commitment. A Utah divorce decree court cannot terminate your obligation to support an immigrant ex-spouse, and ordinary prenuptial agreements and alimony waivers generally will…

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Public Comment on Proposed Utah Rule of Civil Procedure 110 — Judicial Interview of a Minor Child

Summary: 1. Proposed paragraph (b)(2) applies to judicial interviews substantially the same restrictive threshold the Legislature imposed on compelled child testimony. 2. Concerns about litigation abuse and judicial workload justify…

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When a Label Changes the Past: Testing Memory Instead of Trusting It in Custody Disputes

Here is the objection this post is going to draw, so I deal with it directly instead of dodging it: raising questions about the reliability of memory sounds like it's…

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The Court Proceedings Recording Ban That HB 540 Didn’t Fix

Utah's state court rules still prohibit litigants and attorneys from making their own audio recordings of court proceedings, even when a proceeding is open to the public and no legitimate…

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Kids Don’t Belong in the Driver’s Seat: How Utah Custody Law Rewards Defiance and Calls It Protection

A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests that parent is dangerous, neglectful, or unfit—the court has already said so. A few months…

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Your Therapist May Need a Second Opinion Too

I recently encountered a Facebook Reel that is funnier—and probably truer—than many people will be comfortable admitting. Watch the original Reel here. The Reel’s creator identifies what she calls the…

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Utah Unlawful Detention: Bluffdale City v. Verive

Bluffdale City v. Verive - 2026 UT App 101 THE UTAH COURT OF APPEALS BLUFFDALE CITY, Appellee, v. AARON VERIVE, Appellant. Opinion No. 20250757-CA Filed July 2, 2026 Third District…

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Paulson v. Paulson: Premarital Agreements, Expert Disclosures, and Attorney Fees

Paulson v. Paulson - 2026 UT App 108 THE UTAH COURT OF APPEALS TRISHNA PAULSON, Appellee, v. CHRISTOPHER PAULSON, Appellant. Opinion No. 20220914-CA Filed July 16, 2026 Fourth District Court,…

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When Is a Divorce Settlement Agreement Ambiguous? Schmidt v. Schmidt

Schmidt v. Schmidt - 2026 UT App 98 THE UTAH COURT OF APPEALS STEPHEN EDWARD SCHMIDT, Appellant, v. ANGELA SCHMIDT, Appellee. Opinion No. 20240759-CA Filed July 2, 2026 Third District…

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You Don’t Want an Overworked Judge or Domestic Relations Commissioner Deciding Your Family’s Fate

Judge Kasey Wright deserves more credit than ridicule for refusing to pretend that chronic triage is competent judging. On July 13, 2026, Utah Fourth Judicial District Judge Kasey Wright submitted…

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When the Old Lame Excuses Fail, New Ones Will Be Invented

Judges in child custody disputes should hear from children more often. A lot more often. It should be routine, the presumptive course, the default. Not because children should decide custody…

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“I’m Not Trained to Interview Children” and Other Empty Objections Behind Utah’s PGAL Default

At a recent hearing, a commissioner explained why she was appointing a private guardian ad litem instead of interviewing the child herself: "Given the age of the child, the statutory…

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One Opinion, Seven Letterheads: The Family Court Echo Chamber

Christine Miller recently made a point about family court that deserves more attention: the appearance of independent professional agreement where no genuine independence exists. When a court appoints a private guardian…

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The Weaponization of Victimhood: A Candid Look at the Inexcusable Bias in Family Courts

“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…

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Let. The. Evidence. Point. The. Way.

A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…

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Utah Rule 108 Requires a Hearing on Enforcement Objections

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…

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The Intersection of Federal Immigration Law and Utah Divorce

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…

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SB 304 Promised a Fix for Weaponized Protective Orders. Read the Statute

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.…

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Protection Without Prejudice

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…

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When “More Likely Than Not” Becomes “Maybe, So Better Safe Than Sorry”

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…

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The Paper Shield: Protecting Victims Without Abandoning Due Process

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…

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The Standard of Proof Is the Immune System of Family Law—and Courts Keep Suppressing It

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…

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The Bloodletting of Family Law: When the System Mistakes Itself for the Cure

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…

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Make Honesty the Selfish Move

Designing divorce and custody settlements that resist gaming Most child custody disputes — and most of the financial fights that ride alongside them — run on bad incentives. The system…

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Guardian ad Litem in Utah: What a GAL or PGAL Is Supposed to Do—and What Usually Happens Instead

If you are in a child custody dispute and the court appoints a "guardian ad litem," it sounds reassuring. A lawyer appointed for the child? What could there be not…

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When Courts Reward What They Could Stop the Result Are Always Tragic

I don’t have all the facts about this. None of us do at this point. And what facts we have may not even be fully “factual,” but we’ve seen this…

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Arb-Med in Divorce: Why the First Reaction May Be Wrong

New ideas are rarely adopted by the average person first. That is a useful point Seth Godin recently made in his blog recently. When you ask ordinary people whether they like a…

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When an “Absent” Parent Was Pushed Out

When a parent isn't active in a child's life, most people think they already know why. He must not care. She must have checked out. He must have wanted something…

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