Legal Question in Family Law in Utah
I live in northern Utah and I have physical custody of my Ten year old son. His mother lives overseas. She comes to see him once a year for the holidays(Dec18th - Jan 1st). I am usually pretty liberal about the time she gets to spend with him because I know it is critical for my son. The problem is she completely ignores any time lines I give her and brings him home at her discretion. As you may guess this creates problems for my son and my family. Last time I spoke with her I requested that she not repeat this and she alluded to the fact that she makes a considerable amount more than I do, and that I "don't want to open this can of worms". How can I prevent her from doing what she wants?
2 Answers from Attorneys
If she's not complying with the terms of the Decree of Divorce, you can take her back to court to enforce the Decree and ask that she be held in contempt of court for disobeying the orders of the court.
It depends on the language of the divorce decree or other order giving her visitation rights. If there are guidelines there, they will form the basis of a complaint to the court Otherwise your visitation is probably statutory, and if she violates those statutes she can be held liable. You would file an order to show cause why she should not be held in contempt and seek supervised visitation. The supervisor will then enforce the decree.
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