Legal Question in Family Law in Utah

As you may be aware, the statute which addresses relocations is UCA, Section 30-3-37. The pertinent provisions of that statute provide:

(3) The court shall, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the notice of relocation and parent-time schedule as provided in Section 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-time transportation.

(4) In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the child, consider any other factors that the court considers relevant to the determination. If the court determines that relocation is not in the best interest of the child, and the custodial parent relocates, the court may order a change of custody.

(5) If the court finds that the relocation is in the best interest of the child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the child to visit the noncustodial parent. In making its determination, court shall consider:

(a) the reason for the parent's relocation;

(b) the additional costs or difficulty to both parents in exercising parent-time;

(c) the economic resources of both parents; and

(d) other factors the court considers necessary and relevant.

The proper procedure that your ex would have to follow is the filing of a motion asking the court to review the relocation issue. It would not entail the filing of a restraining order unless he can establish that there is a risk of immediate and irreparable harm that would result from the relocation. As you can see, the court can change custody if it determines that the relocation is not in the best interests of the children.