Elison v. Elison, 2011 UT App 272, Utah Court of Appeals
August 18, 2011
Father and Mother were divorced in November 2004. The stipulated Decree of Divorce included a provision that transferred custody to Father if Mother relocated outside of Utah. Mother moved and the District Court enforced the decree and the custody transferring provision. Mother Appealed.
The Court of Appeals found that enforcement of status quo and best
interests is the intent of Rule 106 rather than enforcement of the decree. Rule 106 provides that the Decree that is to
be modified stays in effect until the modification is complete. The court may only change custody or
parent-time to address and immediate and irreparable harm.
The Court read this rule to mean that during a modification
action, the children should remain with the same primary custodian, unless
remaining would threaten immediate and irreparable harm. Reversed
and Remanded
Posts
