Woodward v. La Franca, 2013 UT App 147 Utah Court of Appeals
Court June 13, 2013
Father filed a Petition
to Modify requesting custody. Mother engaged
a therapist in an attempt to obtain evidence against Father and to confirm
allegations of abuse. When the therapist
failed to provide evidence, Mother obtained a second therapist who also
determined that Mother’s allegations were unfounded. At the Rule 106 hearing, Father was awarded
custody because of mother’s actions of having the child constantly
interrogated and because of her coaching the child. The court appointed a special master and a
custody evaluator. Mother objected. At the
objection hearing, the therapists, special master and a custody evaluator agreed with the commissioner’s recommendation. The court, however, found
that each expert was either unpersuasive and/or not credible and sustained the
objection and returned custody to Mother. Father Appeals.
Court of Appeals found
that the trial court must articulate a reasonable basis and adequate findings
when rejecting the expert conclusions and failure to do so is an abuse of
discretion. The Court of Appeals then
reviewed the testimony and criticized the trial court’s summary
dismissal of important evidence of coaching and possible mental illness of
Mother.
The trial court further
erred when finding that because Mother is an acceptable parent, she should
retain custody. The Court pointed out
that a best interest evaluation gives no preference to status quo, but must
evaluate which parent is the more
acceptable parent. Because the court
failed to make adequate findings as to the expert testimony, and because it improperly
evaluated the best interest, this case was Reversed and Remanded.
Full opinion available at: http://www.utcourts.gov/opinions/appopin/woodward061313.pdf