Plausible Isn’t Proof: And “Discretion” Doesn’t Fix It
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…
Why Courts Should Explain How They Hear Children in Custody Cases
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
Why Utah Courts Resist Interviewing Children, and Why That Resistance Is Simply Not Defensible
Utah courts deciding child custody and parent-time disputes are charged with acting in the “best interests of the child.” But with exceptions so rare as to be almost meaningless, Utah…
Understanding Judicial Discretion and Its Abuses in Utah Family Law
Utah judges and commissioners can—and many often do—bend or ignore laws/rules and facts. Learn how this happens, why appellate oversight rarely corrects it, and what litigants can do to protect…