Utah Code 30-3-11.4: Mandatory Orientation Course for Divorcing Parties — Purpose — Curriculum — Reporting(1) There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary separation or for a divorce. A couple with no minor children is not required, but may choose to attend the course. The purpose of the course is to educate parties about the divorce process and reasonable alternatives. (2) A petitioner shall attend a divorce orientation course no more than 60 days after filing a petition for divorce. (3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce or petition for temporary separation, until the moving party completes the divorce orientation course. (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation course before a divorce decree may be entered, unless waived by the court under Section 30-3-4. (4) The respondent shall attend the divorce orientation course no more than 30 days after being served with a petition for divorce. (5) The clerk of the court shall provide notice to a petitioner of the requirement for the course, and information regarding the course shall be included with the petition or motion, when served on the respondent. (6) The divorce orientation course shall be neutral, unbiased, at least one hour in duration, and include: a) options available as alternatives to divorce; (7) The course may be provided in conjunction with the mandatory course for divorcing parents required by Section 30-3-11.3. (8) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts. 9) The course may be through live instruction, video instruction, or through an online provider. (10) (a) A participant shall pay the costs of the course, which may not exceed $30, to the independent contractor providing the course at the time and place of the course. b) A petitioner who attends a live instruction course within 30 days of filing may not be charged more than $15 for the course. (11) Appropriations from the General Fund to the Administrative Office of the Courts for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is determined to be impecunious as provided in Subsection (10)(e). Purpose Of The Orientation CourseThe course informs parents about resources to improve or strengthen the marriage. Resources to resolve custody and support issues without filing for divorce. The positive and negative consequences of divorce Divorce Education CourseThe other mandatory class is the education course. This course strives to help parents understand how their divorce may impact their children and to appreciate their children’s reactions to the divorce. Children of different ages may have different ways of sharing their feelings, including their pain, fear, confusion and loss that may result from their parents divorcing. This education course hopes to better equip parents in supporting their children as they adjust to the changes while helping them build coping skills to help move forward in a healthy manner both during the divorce proceedings and after finalization. Class for ChildrenThere is also a free, voluntary course offered for children of divorce. This class recognizes that children typically need help and encouragement in getting through a family break or divorce, just like adults do. The Divorce Education for Children class is for adolescents between the ages of 9 and 12 years. The teacher is a mental health professional. He or she promotes skill development in the areas of improved communication of the children’s feelings to their parents. The hope is to reduce any negative effects the divorce process has on the children. Parents themselves play an incredibly important role in how their children learn to transition through a divorce, particularly when sharing living time between both parents, an adjustment that is easier with proper education for both parents and children. How Can We Change The Court System In Order To Make Divorces Easier On The Children?• Institute a “loser pays the prevailing party’s attorney’s fees” rule. What can the penalties be for violating child custody orders?Generally speaking: What is the “right of first refusal”? Is it a statutory right in Utah?Many of you dealing with child custody disputes may have heard the time “right of first refusal” in the context of child care. This “right of first refusal” or “first right of refusal” is shorthand for a provision that goes into many child custody and parent-time orders. What it means is that if a parent is unable to provide personal care and supervision for the children when they are scheduled to be with that parent, then the other parent has the “first right” to pick up the children and provide that care for the children, instead of having a babysitter, daycare provider, or other surrogate care provider take care of the children, until the parent with whom the children are scheduled to stay can again provide personal care and supervision. The principle behind the right of first refusal is that the parents, not surrogate, should be providing as much care for their own children as possible. A good example of this would be when a parent who is scheduled to have the children for particular week or weekend has to go into work to deal with an emergency or out of town for a business trip. A lot of mean-spirited and malicious parents get very territorial with their custody time and want to limit the amount of time the other parent has with the kids to the bare minimum. In response to this problem, the right of first refusal clause was invented. It requires: 1. a parent who is going to be away from the children to notify the other parent that he or she will be away from the children for certain period of time and Utah Divorce LawyerWhen you need legal help with a Utah Divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Utah Divorce Code 30-3-11.4 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-11-4/
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