a. CLE. Kellie has arranged for the February CLE to
be a presentation by Valerie Hale on the High Conflict Co-parenting
Education Course.
Karma reported there will be a CLE presentation on mediation at the
annual meeting, so this would not be an appropriate topic for the April
CLE. Stewart indicated he has been contacted by Prof. Wirthlin from
BYU, who offered to host a caselaw and statute update in Utah County.
While there will be an update as part of the annual meeting, it was
decided it would be an accommodation to the Utah County practitioners
who are unable to attend the annual meeting if an update were provided.
Stewart will contact Prof. Wirthlin to coordinate this topic for the
April CLE. As an alternative, he will look to topics for new practitioners
or those whose clients do not have much property or money.
b. Legislative Committee. Lori and Stewart reported
on the following legislation currently before the Utah Legislature:
SB 128: Protective Order Amendments: Stewart has been working to get
changes made; the FLEC has taken no formal position on this legislation.
The bill was before the Judiciary Committee today, and passed out favorably.
The sponsor, Sen. Lyle Hillyard, has agreed to make some changes before
it goes to the full body, including changing the time period for vacating
criminal provisions from three years to two, and restoring language
in lines 214-217 allowing petitioner to appear before the court and
give consent to such vacation. Also, the provision that the protective
order would be dismissed upon entry of a decree in a divorce proceeding
would include language requiring notice in both the protective order
and divorce cases and a finding of no further need. Lori made a motion
that the Family Law Section support the bill with the changes proposed
by Sen. Hillyard, and upon second by Karma, the motion passed. Commissioner
Bradford abstained.
HB 6: Shared Parenting by Divorcing Parents: Lori indicated that a
substitute bill passed committee today, which removed the burden of
proof language, and added language in (1)(a) “so long as child
continues to reside in the home of the primary caregiver.” With
this proposed language change, the equal access provision would be meaningless.
Sen. Hillyard indicated he would sponsor a bill giving the court discretion
on custody and defining in the divorce code the term joint physical
custody, setting the conditions therefor, and containing no presumption
language. The Family Law Section Executive Committee still stands in
opposition to HB 6. Stewart asked that the Committee approve the concept
of Sen. Hillyard’s bill, and that when it is written, it be distributed
to the members for a rush review. Motion to that effect by Lori, seconded
by Russ, passed. Commissioner Bradford abstained.
HB 285: False Allegations in Divorce Proceedings: This appears to be
a FOCUS bill, primarily retaliatory in nature. Kellie moved that the
Committee strongly oppose, and upon second by Howard, the motion passed,
with Commissioner Bradford abstaining.
HB 348: Limitation on Alimony: It appears this bill has an ex post
facto problem, as it applies to past orders. Motion by Randy to oppose
was seconded by Kellie, and passed. Commissioner Bradford abstained.
HB 230: Parental Relocation Amendments: This bill makes additional
changes following passage of 30-3-37 last year, and provides for no
discretion by parties on parent-time, making it a criminal offense (misdemeanor
custodial interference) if a party violates any provision of the relocation
notice. Stewart has spoken with Rep. Thompson, who has agreed to remove
the criminal sanctions and make this a contempt of court issue, which
would allow parents to make adjustments to parent-time schedules. Stewart
expressed continuing concern over the requirement that both parents
must sign the notice before one can move, and suggested the bill be
changed to not require the signature of both parties, but if one would
not sign the matter would go to a court hearing. Stewart said there
needs to be a process that will work to allow non-agreeing parties to
go to court. Lori again suggested removal of the language requiring
each parent to sign the notice indicating agreement before relocation
can occur, and Russ said he thought that this section was the heart
of the matter for the sponsor, so he may not agree to remove that language.
Kellie made a motion that the Committee oppose this bill, and Karma
seconded. In further discussion, Russ pointed out that this bill shifts
the burden on the parent wanting to relocate, and that the legislature
should instead be addressing the relocation of the children. Motion
to oppose bill, both as proposed and amended, passed unanimously. Commissioner
Bradford was not present.
HB 239: Parent-Time Assistance Office: Karma said that ORS cannot provide
service or money to fund this office under federal mandate, and that
the AG’s office would have to create a new division to enforce
this legislation. Therefore, she had included a high fiscal note for
this bill, which has been left off. Rep. Bennion, the bill’s sponsor,
indicated he would try to get ORS incentive money to fund the office.
Karma indicated that ORS could lose TANF funding and face millions of
dollars in fines for failure to meet federal requirements. Randy indicated
he liked the concept of this bill, but not how it is being proposed.
This idea needs to be studied by family law practitioners to get a working
solution. A motion by Lori to oppose the bill but not the concept, and
to support referral to an appropriate committee for study and presentation
of legislation next year, was seconded by Randy. Kellie inquired as
to what concept was to be supported, other than speedy access to courts?
Lori suggested support for an office to help people fill out forms,
understand their rights and get notice, but not hold hearings. Stewart
indicated that beginning March 3, Legal Aid will be sponsoring pro se
clinics to do just that. The motion was amended to state that the Committee
recognizes the need to have parent-time violations quickly addressed,
and would encourage the support of programs that exist in the private
sector that do not undermine or supplant existing programs. Lori made
a motion, with second by Randy, calling for a vote on the amended motion.
Adam asked for a further amendment, that the Committee request the legislature
put the issue on the master study list. With that further amendment,
the motion passed.
SB 132 (Substitute): Child Support and Paternity Amendments: Karma
reported the bill passed out of committee with the removal of presumption
language. This bill needs to be looked at closely. FOCUS is pushing
for an amendment providing that the credit for a reduction in child
support when a child is with the non-custodial parent for a prescribed
time be ½ of the total child support obligation, not ½
of the NCP’s obligation only. This provision is not in the bill
at this time, but they are lobbying for that change. Karma made a motion,
seconded by Lori, that the Family Law Executive Committee support Substitute
SB 132, and oppose any amendments to the extended parent-time adjustment.
The motion passed, with Kellie abstaining.
Child and Family Standing Committee: Lori Nelson
No report
Annual Seminar Subcommittee: Howard Lundgren reported
that things are pretty well set up and ready to go.
Mid-Year Bar Conference Committee: Lori reported that
things were ready to go, with a panel discussing the impact of legislation
(both from this year and past years’ sessions) on family law practitioners.
Stewart recommended that Adam Caldwell serve on that panel, and that
the panel include family law practitioners both from the St. George
area and northern Utah. Lori was asked to coordinate with Adam Trupp
on the conference details.
Adam Trupp asked the committee for input on which legislation to address
with the panel discussion. It was suggested that, among others, the
panel address parental relocation and private GAL issues.
Annual Bar Conference Committee: Kellie Williams reported
that the conference will be held July 16-19, and that materials are
due by 2/24. The agenda is pretty well set, with a presentation on ethics
and a 2-hour panel discussion on alimony issues.
Web Site: Karma Dixon reported that she would like
to add current proposed legislation to the web site so family practitioners
can readily review those bills that affect them.
Adam Caldwell indicated he will try to attend the committee meetings
every third month, and will call in on the other months. Stewart will
provide him with instructions for the call-in.
The meeting was adjourned at 1:00 p.m.
