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…
I. The Illusion of Protection In Utah child custody disputes, courts have (but should not have) a choice: hear from the child directly or receive their life story through a…
In Utah child custody and parent-time disputes, courts routinely defer to a familiar class of professionals: private guardians ad litem (PGALs) and custody evaluators. These professionals are held up as…
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…
If Utah’s domestic-relations legal system is serious about accuracy, fairness, and reducing unnecessary conflict, then the system needs processes that beneficially affect how cases are litigated and how evidence is…
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…