Legal Question in Family Law in Utah
smoking clause
If a smoking clause is put in a custody order because of the CP, what prevents the NCP from falsely reporting to the court that the CP is not abiding by it? What I mean is, what if the CP is abiding by the order, but the NCP uses it fraudently to try to bully and control on other issues? Is there any kind of proof required? Or does the judge just take the NCP's word on it and find the CP in contempt of court?
Asked on 1/13/09, 9:50 pm
1 Answer from Attorneys
Cory Wall
Cory R. Wall, Attorney at Law, P.C.
Re: smoking clause
It bascially boils down to a "he said, she said" situation unless one of the parties has substantial proof of non-compliance with a provision of the decree.
Answered on 1/15/09, 12:45 pm
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