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BY: PHILLIP E. MILLER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

         There are two ways to have a child returned to the proper jurisdiction.  The first of which is through a Hague Petition that was covered in the last news article.  The second way is by filing a registration of the foreign order with the court where the child was removed to.  This is only possible if there is a foreign order that is still in place, and the foreign court has continuing jurisdiction.  If there is a foreign custody order,  registering that order with the jurisdiction that the child was removed is most likely a better option than a Hague Petition.

As mentioned in the last article the Hague Petition has several exceptions.  Read more…

BY: LORIE D. FOWLKE

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

         The general public is becoming more aware of the term Guardian Ad Litem.  Lawyers still use many Latin words in their legal terminology and this is one of them.  The word itself means a guardian for the lawsuit or litigation.  In legal circles it refers to a guardian for someone who is a child or incompetent, and generally is only for the duration of the lawsuit.  In Utah a Guardian Ad Litem must be a lawyer, though that is not true in all states.  In family law, the court may appoint an attorney to be a Guardian Ad Litem to represent the best interests of the children.  When, if, and what type of guardian will be appointed depends on several factors I will discuss here. Read more…

BY: THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

         Having worked in real estate for 30 years, I have learned a few suggestions to help a new lawyer or mentee from getting their deeds returned from the county due to errors.  These suggestions are only some of the basic, common mistakes made, and should be reviewed as such.  One thing is for sure:  deeds look deceptively easy to draft, but are full of specific details that must be met to be valid.

General problems: Read more…

BY: LORIE D. FOWLKE

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

       There is a great deal of confusion about the difference between Protective Orders, Restraining Orders and Stalking Injunctions.  These orders are available under differing circumstances and offer a variety of protections and remedies.  It is important that you obtain the right one for your situation. Read more…

BY: THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

         The issues surrounding guardianship are simple in concept but can be very complex in creating a guardian suitable for society and the court.  In theory we need a guardian when the person is “incapacitated” and  “the appointment is necessary or desirable as a means of providing care and supervision….”  UCA 75-5-304(1).  Sounds simple enough.  We file to be a guardian over a parent and the court gives us full guardianship to make all of their decisions, and it is over, right? Not even close. Read more…

BY: PHILLIP E. MILLER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

      Custody issues are complicated.  However, they get even more complicated when more than one jurisdiction is involved.  That is the case when parents live in different states and even more so when they live in different countries.  When the parents live in different countries international treaties come into play, the most important of which is the Hague Convention.  Not only is the Hague Convention important but state custody laws as well as jurisdictional requirements are very important. Read more…

 

BY: PHILLIP E. MILLER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

       Much like the last articles I have written about Wills and Trusts, another area of law that I practice, water rights, is not very well understood.  My clients will come to me with a water rights issue [updating title (report of conveyance) or doing a change application] and they will have a host of preconceived misnomers.  Often times I have to explain what their water rights are and are not and where they are derived.  Water law in Utah is fairly complex at first and prior experience is required. The first issue is title, then quantity, place of use, point of diversion and source, priority, and drainage. Read more…

BY: LORIE D. FOWLKE

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

       When couples with children elect to obtain a divorce, they divide their property and debts in half.  However, children cannot be cut in half, even though King Solomon strategically suggested it once.  The standard for awarding custody and visitation (now called parent time) is based on what custody arrangement will be in the “best interests of the child.”  Read more…

BY: THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

       Some of the areas I practice in, estate planning out of the courts and probate in the courts, I get to see what works and what doesn’t.  As our population is aging, I am seeing more and more problems around what happens when our loved ones begin failing physically or mentally and what can be done to help make things easier. Read more…

BY: LORIE D. FOWLKE

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

People often wonder why the law is so complicated. Isn’t it all just written down in a Code book created by the legislature (or Congress) so anyone can look it up?  There it is, in black and white.  Have a problem?   Is something legal or not?  Look up the answer in the book.

The problem with that approach is that the law is about people and what they do or don’t do.  And people are complicated, really complicated.  Read more…