Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 337
   AMENDMENTS TO MANDATORY COURSES FOR FAMILY LAW ACTIONS
                                          2024 GENERAL SESSION
                                               STATE OF UTAH
                                        Chief Sponsor: Joseph Elison Senate Sponsor: Michael K. McKell
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  LONG TITLE
  General Description:
      This bill amends provisions regarding mandatory courses in family law actions.
  Highlighted Provisions:
      This bill:
      ▸ clarifies the requirements for mandatory courses in temporary separation, divorce, and
  parentage actions;
      ▸ clarifies the requirements for the divorce orientation course in a temporary separation
  action;
      ▸ addresses a waiver of a mandatory course requirement by the court in a temporary
  separation, divorce, and parentage action;
      ▸ creates a parenting course for unmarried parties in a parentage action;
      ▸ addresses the requirements for a parenting course in a parentage action; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      30-3-4, as last amended by Laws of Utah 2018, Chapter 470
      30-3-4.5, as last amended by Laws of Utah 2010, Chapter 34
      30-3-10.3, as last amended by Laws of Utah 2012, Chapter 271
      30-3-10.4, as last amended by Laws of Utah 2023, Chapter 44
      30-3-10.9, as last amended by Laws of Utah 2018, Chapter 37
     H.B. 337                                                                                    Enrolled Copy
       30-3-11.3, as last amended by Laws of Utah 2022, Chapter 272
       30-3-11.4, as last amended by Laws of Utah 2022, Chapter 272
       30-3-35.2, as enacted by Laws of Utah 2021, Chapter 399
       51-9-408, as last amended by Laws of Utah 2021, Chapter 262
       78B-15-610, as last amended by Laws of Utah 2019, Chapter 188
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   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 30-3-4 is amended to read:
         30-3-4 . Pleadings -- Decree -- Mandatory course requirements -- Use of affidavit
   -- Private records.
   (1) As used in this section, "mandatory courses" means:
       (a) the mandatory parenting course described in Subsection 30-3-11.3(1)(a); and
       (b) the divorce orientation course described in Section 30-3-11.4.
   [(1)] (2) (a) The complaint shall be in writing and signed by the petitioner or petitioner's
       attorney.
       (b) A decree of divorce may not be granted upon default or otherwise except upon legal
            evidence taken in the cause. If the decree is to be entered upon the default of the
            respondent, evidence to support the decree may be submitted upon the affidavit of the
            petitioner with the approval of the court.
       [(c) If the petitioner and the respondent have a child or children, a decree of divorce
            may not be granted until both parties have attended the mandatory course described
            in Section 30-3-11.3 or 30-3-11.4, and have presented a certificate of course
            completion to the court. The court may waive this requirement, on its own motion or
            on the motion of one of the parties, if it determines course attendance and completion
            are not necessary, appropriate, feasible, or in the best interest of the parties.]
       [(d)] (c) All hearings and trials for divorce shall be held before the court or the court
            commissioner as provided by Section 78A-5-107 and rules of the Judicial Council.
            The court or the commissioner in all divorce cases shall enter the decree upon the
            evidence or, in the case of a decree after default of the respondent, upon the
            petitioner's affidavit.
   (3) (a) If the parties to the divorce action have a child, the parties shall attend the
       mandatory courses:
            (i) for the petitioner, within 60 days after the day on which the petition is filed; and
            (ii) for the respondent, within 30 days after the day on which the respondent is served.
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     Enrolled Copy                                                                                       H.B. 337
      (b) If the parties to a divorce action do not have a child, the parties may choose to attend
          the divorce orientation course described in Section 30-3-11.4.
      (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
          mandatory courses.
      (d) A petition shall include information regarding the mandatory courses when the
          petition is served on the respondent.
  (4) For a party that is unable to pay the costs of the mandatory courses, and before the court
      enters a decree of divorce in the action, the court shall:
      (a) make a final determination of indigency; and
      (b) order the party to pay the costs of the mandatory courses if the court determines the
          party is not indigent.
  (5) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil
      Procedure, a party may file, but the court may not hear, a motion for an order related
      to the divorce until the moving party completes the mandatory courses.
      (b) It is an affirmative defense in a divorce action that a party has not completed the
          mandatory courses and the action may not continue until a party has complied with
          the mandatory courses.
  (6) (a) Notwithstanding Subsections (3) and (5)(b), the court may waive the requirement
      that the parties attend the mandatory courses, on the court's own motion or on the
      motion of one of the parties, if the court determines course attendance and
      completion are not necessary, appropriate, or feasible, or in the best interest of the
      parties.
      (b) If the requirement is waived, the court may permit the divorce action to proceed.
  [(2)] (7) (a) A party to an action brought under this title or to an action under Title 78B,
      Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child
      Custody Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform
      Interstate Family Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act,
      or to an action to modify or enforce a judgment in the action may file a motion to
      have the file other than the final judgment, order, or decree classified as private.
      (b) If the court finds that there are substantial interests favoring restricting access that
          clearly outweigh the interests favoring access, the court may classify the file, or any
          part thereof other than the final order, judgment, or decree, as private. An order
          classifying part of the file as private does not apply to subsequent filings.
      (c) The record is private until the judge determines it is possible to release the record
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      H.B. 337                                                                                  Enrolled Copy
             without prejudice to the interests that justified the closure. Any interested person
             may petition the court to permit access to a record classified as private under this
             section. The petition shall be served on the parties to the closure order.
         Section 2. Section 30-3-4.5 is amended to read:
         30-3-4.5 . Motion for temporary separation order.
   (1) A petitioner may file an action for a temporary separation order without filing a petition
       for divorce by filing a petition for temporary separation and motion for temporary orders
       if:
       (a) the petitioner is lawfully married to the respondent; and
       (b) both parties are residents of the state for at least 90 days prior to the date of filing.
   (2) The temporary orders are valid for one year from the date of the hearing, or until one of
       the following occurs:
       (a) a petition for divorce is filed and consolidated with the petition for temporary
             separation; or
       (b) the case is dismissed.
   (3) If a petition for divorce is filed and consolidated with the petition for temporary
       separation, orders entered in the temporary separation shall continue in the consolidated
       case.
   [(4) Both parties shall attend the divorce orientation course described in Section 30-3-11.4
       within 60 days of the filing of the petition, for petitioner, and within 45 days of being
       served, for respondent.]
   (4) (a) If the parties to the temporary separation action have a child, the parties shall
       attend the divorce orientation course described in Section 30-3-11.4:
             (i) for the petitioner, within 60 days after the day on which the petition is filed; and
             (ii) for the respondent, within 30 days after the day on which the respondent is served.
       (b) If the parties to the temporary separation action do not have a child, the parties may
             choose to attend the divorce orientation course described in Section 30-3-11.4.
       (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation
             course requirement.
       (d) A petition shall include information regarding the divorce orientation course
             requirement when the petition is served on the respondent.
   (5) For a party that is unable to pay the costs of the divorce orientation course, and before
       the court enters a decree of divorce in the action, the court shall:
       (a) make a final determination of indigency; and
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      Enrolled Copy                                                                                   H.B. 337
      (b) order the party to pay the costs of the divorce orientation course if the court
          determines the party is not indigent.
  (6) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil
      Procedure, a party may file, but the court may not hear, a motion for an order related
      to the temporary separation petition until the moving party completes the divorce
      orientation course.
      (b) It is an affirmative defense in a temporary separation action that a party has not
          completed the divorce orientation course and the action may not continue until a
          party has complied with the divorce orientation course.
  (7) (a) Notwithstanding Subsections (4) or (6)(b), the court may waive the requirement
      that the parties attend the divorce orientation course, on the court's own motion or on
      the motion of one of the parties, if the court determines course attendance and
      completion are not necessary, appropriate, or feasible, or in the best interest of the
      parties.
      (b) If the requirement is waived, the court may permit the temporary separation action to
          proceed.
  [(5)] (8) Service shall be made upon respondent, together with a 20-day summons, in
      accordance with the rules of civil procedure.
  [(6)] (9) The fee for filing the petition for temporary separation orders is $35. If either party
      files a petition for divorce within one year from the date of filing the petition for
      temporary separation, the separation filing fee shall be credited towards the filing fee for
      the divorce.
        Section 3. Section 30-3-10.3 is amended to read:
        30-3-10.3 . Terms of joint legal or physical custody order.
  [(1) Unless the court orders otherwise, before a final order of joint legal custody or joint
      physical custody is entered both parties shall attend the mandatory course for divorcing
      parents, as provided in Section 30-3-11.3, and present a certificate of completion from
      the course to the court.]
  [(2)] (1) An order of joint legal or physical custody shall provide terms the court determines
      appropriate, which may include specifying:
      (a) either the county of residence of the child, until altered by further order of the court,
          or the custodian who has the sole legal right to determine the residence of the child;
      (b) that the parents shall exchange information concerning the health, education, and
          welfare of the child, and where possible, confer before making decisions concerning
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      H.B. 337                                                                                 Enrolled Copy
            any of these areas;
       (c) the rights and duties of each parent regarding the child's present and future physical
            care, support, and education;
       (d) provisions to minimize disruption of the child's attendance at school and other
            activities, his daily routine, and his association with friends; and
       (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
            exercised by the parents solely, concurrently, or jointly.
   [(3)] (2) The court shall, where possible, include in the order the terms of the parenting plan
       provided in accordance with Section 30-3-10.8.
   [(4)] (3) Any parental rights not specifically addressed by the court order may be exercised
       by the parent having physical custody of the child the majority of the time.
   [(5)] (4) The appointment of joint legal or physical custodians does not impair or limit the
       authority of the court to order support of the child, including payments by one custodian
       to the other.
   [(6)] (5) An order of joint legal custody, in itself, is not grounds for modifying a support
       order.
   [(7)] (6) An order of joint legal or physical custody shall require a parenting plan
       incorporating a dispute resolution procedure the parties agree to use:
       (a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with
            Subsection 30-3-10.2(5); and
       (b) before seeking enforcement or modification of the terms and conditions of the order
            of joint legal or physical custody through litigation, except in emergency situations
            requiring ex parte orders to protect the child.
         Section 4. Section 30-3-10.4 is amended to read:
         30-3-10.4 . Modification or termination of order.
   (1) On the petition of one or both of the parents, or the joint legal or physical custodians if
       they are not the parents, the court may, after a hearing, modify or terminate an order that
       established joint legal custody or joint physical custody if:
       (a) the verified petition or accompanying affidavit initially alleges that admissible
            evidence will show that the circumstances of the child or one or both parents or joint
            legal or physical custodians have materially and substantially changed since the entry
            of the order to be modified;
       (b) a modification of the terms and conditions of the order would be an improvement for
            and in the best interest of the child; and
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      Enrolled Copy                                                                                   H.B. 337
      (c) (i) both parents have complied in good faith with the dispute resolution procedure
          in accordance with Subsection [30-3-10.3(7)] 30-3-10.3(6); or
          (ii) if no dispute resolution procedure is contained in the order that established joint
               legal custody or joint physical custody, the court orders the parents to participate
               in a dispute resolution procedure in accordance with Subsection 30-3-10.2(5)
               unless the parents certify that, in good faith, they have used a dispute resolution
               procedure to resolve their dispute.
  (2) (a) In determining whether the best interest of a child will be served by either
      modifying or terminating the joint legal custody or joint physical custody order, the
      court shall, in addition to other factors the court considers relevant, consider the
      factors outlined in Section 30-3-10 and Subsection 30-3-10.2(2).
      (b) A court order modifying or terminating an existing joint legal custody or joint
          physical custody order shall contain written findings that:
          (i) a material and substantial change of circumstance has occurred; and
          (ii) a modification of the terms and conditions of the order would be an improvement
               for and in the best interest of the child.
      (c) The court shall give substantial weight to the existing joint legal custody or joint
          physical custody order when the child is thriving, happy, and well-adjusted.
  (3) The court shall, in every case regarding a petition for termination of a joint legal
      custody or joint physical custody order, consider reasonable alternatives to preserve the
      existing order in accordance with Subsection 30-3-10(3). The court may modify the
      terms and conditions of the existing order in accordance with Subsection 30-3-10(8) and
      may order the parents to file a parenting plan in accordance with this chapter.
  (4) A parent requesting a modification from