Clarke v. Clarke, 2012 UT
App. 328, Utah Court of Appeals, November 23, 2012
At trial, Mother was awarded sole legal and physical custody of
the parties minor children, was awarded 100% equity in the marital home, and
husband was found in contempt. Father
appealed.
Father asserted that he was the primary caregiver and that the Court
did not give proper weight to Mother’s conviction for custodial interference. However, the Court of Appeals affirmed the trial court’s award of
custody finding that Father’s antipathy to scientific medicines and his refusal
to have the children immunized caused the court concern for the safety and
health of the children. Further, the
Court made no finding as to which parent was the primary caregiver. Parents worked opposite schedules and cared
for the children while the other was at work.
Father could not show that the trial court abused its discretion in
awarding Mother sole custody.
Court awarded Mother all
the equity in the marital home to reimburse her for the inheritance she
received and used to pay of Father’s premarital debt which Father agreed he
should repay. The Court affirmed the award and found that Mother should not lose the
benefit of her inheritance simply because it was inverted into Father’s debt.
The Court found that
there was adequate grounds for the finding of contempt, however, the Court reversed and remanded the calculation
of attorney fees to be limited only to the fees accrued for the contempt
hearing and not amounts accrued prior to contemptuous conduct.
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