UTAH CODE 30-3-38
Separation and divorce is difficult and emotional. Sadly, children are often used as a tool by one parent to inflict injury on the other parent. Parents commonly withhold parent-time when a new spouse or significant other enters the picture. In addition, parent-time may be wrongfully withheld due to non-payment of child support or disputes over parental decisions.
In some cases, a parent may withhold parent-time due to legitimate concerns with regard to the children’s safety and well-being. When one parent learns that the other has engaged in abusive or neglectful conduct or has been charged with a serious criminal offense, there may be good cause to keep the children away from the offending parent.
It may take several months to bring parent-time disputes before the court, resulting in prolonged harm to the parent who has been denied his/her right to see the children. For this reason, the Utah legislature has created an expedited process for resolving parent-time disputes.
Utah Code 30-3-38 requires all parent-time disputes to be assigned to a mediator, as well as to a judge and commissioner. The mediator works with the parents to address all parent-time issues within 15 days. The mediator may require the parents to attend counseling, use a supervised parent-time agency or enroll in educational courses. Parent-time disputes are brought before the court only after the mediator either negotiates an agreement between the parents or finds that a mediated agreement is unlikely.
If either parent alleges physical or sexual abuse during the mediation process, the mediator must immediately bring the matter before the court for entry of protective orders. In addition, the mediator is required to report the allegations to the Division of Child and Family Services.
Typically, mediation fees are divided equally between the parties. However, the court may order one parent to pay the entire cost upon a finding that the parent refused to mediate in good faith or made an unfounded allegation of abuse.