Family Law Section

Minutes -November 10, 2010

PRESENT: Lauren Barros, Adam Caldwell, Commissioner Josh Faulkner, Jared Hales, Dixie
Jackson, Judge Larry Jones, Marcella Keck, Christina Miller, Russ Minas, Paul Morken, Albert
Pranno, Stewart Ralphs, Stephanie Saperstein, Dena Sarandos, John Sheaffer, Judge Douglas B.
Thomas. Excused:  Jim Hanks, Louise Knauer.

            1.         Minutes of October 6, 2010.  Approval of the Minutes from the October 2010
meeting was deferred for review at the next meeting of the Executive Committee on January 12,
2011.

            2.         Proposed Rule 26 Update:  Stewart Ralphs reported that the Judicial Council
requests a definitive statement within the proposed Rule 26 as to the cases to which the proposed
rule would apply. Stewart Ralphs moved that child support and alimony actions be included in
the language of proposed Rule 26 that specifically delineates those actions to which the Rule is
to apply; Russ Minas seconded. The motion passed unanimously.

            3.         Proposed Changes To UIFSA:  Stephanie Saperstein summarized the proposed
changes to UIFSA that Senator Hillyard requested the. Family Law Section to review for
comment. She summarized that the three changes as follows:

a.         Confusion between the handling of out-of-USA orders and interstate orders is avoided by Section VII that defines a foreign order as one entered out of the USA and not a USA interstate order, and also sets out procedures for enforcement of out-of-USA orders;

                        b.         The proposed act allows for the use of electronic evidence, and;

c.         The proposed act provides for the prosecution of a parentage action under UIFSA independent of establishing child support.

            Stephanie saw no problems with the proposed legislation. Discussion ensued, and there
was consensus that there were no difficulties perceived with the proposed act. Russell Minas
moved that Stewart Ralphs provide Senator Hillyard with the consensus of the Executive
Committee that it perceived no concerns with the bill/act as drafted; Stephanie Saperstein
seconded. The motion passed unanimously.

            4.         Proposed Shared Custody Legislation.  Stewart Ralphs reported on Senator
Robles' request for input from the Family Law Section with regard to the proposed bill drafted
on behalf of her constituent that would presume joint legal and physical custody.  He encouraged members of the Executive Committee to attend the legislative hearing session concerning this bill in order to express their individual opinions, since the Section cannot take a position on the bill without prior approval of the U.S.B.  Extensive discussion ensued. Judiciary members of the Executive Committee took no position on the proposed bill. The consensus of the non-judiciary members of the Executive Committee was one of "no support" for the proposed bill, but advise to be available as a for Senator Robles should she desire. Stewart Ralphs agreed to relay this information to Senator Robles.

MINUTES
FAMILY LAW EXECUTIVE COMMITTEE MEETING

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            5.         Subcommittee Reports.

a.         Holiday Social.  Christina Miller reported that the Family Law Holiday Social is scheduled from 5:00 p.m. until 7:00 p.m. on December 8, 2010, at the offices of Dart, Adamson & Donovan located on the comer at 370 East South Temple, Ste 400 (4th Flr.), Salt Lake City; parking is on the street or underground when entering from the 400 East side of the building. Invitations will go out the week of November 15, 2010; if there are other non-lawyer professionals who members of the committee wish to receive an invitation, then the mailing information needs to be forwarded to Christina.

b.         Scholarships and Grants.  Al Pranno reported that he has no information as to the status of the BYU Scholarship program. The U of U is currently accepting applications from students seeking family law scholarships for the upcoming school year, which is the third and last year of our three year Section commitment to match funding of law school scholarships in Utah.

c.         Annual Seminar.  Marcie Keck reported that the USB has requested that the Family Law Section schedule our annual May family law seminar at the Marriott Hotel (near the Salt Palace in Salt Lake) rather than at the ULJC, due to capacity limitations at the Bar offices. The subcommittee will explore this request. It also seeks suggestions for topics from Executive Committee members and will begin meeting after the first of the year to develop the seminar program.

d.         Fall Forum.  Russ Minas reported that the presentation by the Family Law Section at the Annual Fall Forum is set and will occur this month.

e.         Spring Convention.  Adam Caldwell reported that he and other members of the subcommittee are open to ideas for the one-slot presentation the Family Law Section has been allocated at the Utah State Bar Spring Convention in 2011. The subcommittee will be brain-storming for topics, and would appreciate suggestions.

            6.         Other Matters.

a.         Next Meetings:  The next regularly scheduled Family Law Section Executive Committee meetings are scheduled at noon on January 12, 2011; February 9, 2011; March 9, 2011; and April-13, 2011in the Board Room of the ULJC.