High conflict divorce custody dispute, how to get to the custody evaluator conference

Question

My daughter has been involved in a high conflict divorce/custody divorce for almost a year. Her estranged husband was convicted of lewdness involving a child in Oct 2014. Both the divorce and the criminal case were ongoing at the same time. A commissioner in Weber county set temp orders. These orders dictated their 6-year-old daughter to be in physical joint custody with both parents May 2014. A custody evaluator was put in place by the father of the 6-year-old child.

The commissioner put in the temp orders to finish the custody evaluation and then herself, the evaluator and the parents should have a settlement conference. My daughter has no attorney, so we are wondering how to get this settlement conference to happen? Seems the paying side is holding it back, meantime my grandchild suffers.

Answer

Your daughter’s case is screaming out for an attorney to push it along and advise her. It may be possible that the court would award your daughter attorneys fees to prepare and present her case. She should ask the evaluator to commit to a completion date. The court order should have provided for a date of completion of the evaluation. I suggest that she set up the case better for contempt.

There needs to be a specific order in place that both sides have notice of before the court will find contempt. If she does not plan to hire an attorney, she should request a 4-903 conference date to set up with the court and in the alternative to set a completion date for the evaluation. Perhaps if she knows that the father of the six-year-old has not paid or will not meet with the evaluator, she should ask for a specific order compelling his payment or setting a date for him to meet with the evaluator. If he then violates that order, she would be in a better position to ask for contempt.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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Steve ChristensenHigh conflict divorce custody dispute, how to get to the custody evaluator conference