"Mom, why are you only setting one place for dinner tonight?" "Because your dinner’s at Dad's house tonight. It's your night with him tonight, and I know he's got dinner…
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…
"Why hasn't your son been to his father's home since March?" "He's sixteen. I can't make him." Sometimes that answer is true. Sometimes it's the end of a long, ugly…
Suppose you are asking for joint or equal physical child custody. The other parent opposes it. Why not ask the court to put your proposed schedule into effect temporarily so…
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…
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,…
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…
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…
Utah Courts Should Stop Paying an Intermediary to Tell the Factfinder What the Factfinder Can Hear Directly When a child's wishes, concerns, experiences, or perceptions matter in a Utah child…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
“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…
Child Custody Defiance Should Not Cost a Fit Parent Both the Children and More Money Suppose a court orders equal custody. Both parents are fit. One parent is ready, willing,…
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…
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…
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…
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…
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…
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…
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…
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…
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
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…
Many divorce and family lawyers want to earn more. Few ask what they must do differently to be worth more. Lawyers complain about being commoditized. They complain that clients shop…
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…
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
Many parents (I’d say even most parents) enter family court hoping someone will fix everything. Believing that: the judge will see through the lies. the custody evaluator will identify the…
Parenting apps are now everywhere in modern child custody disputes. Lawyers recommend them. Parenting coordinators recommend them. Guardians ad litem recommend them. Courts sometimes order them. And the companies behind…
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…
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
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.…
ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…
If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…
This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…
Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…
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,…