2006 Utah Code - 30-3-37 — Relocation.

     30-3-37.   Relocation.
     (1) When either parent decides to move from the state of Utah or 150 miles or more from the residence specified in the court's decree, that parent shall provide if possible 60 days advance written notice of the intended relocation to the other parent. The written notice of relocation shall contain statements affirming the following:
     (a) the parent-time provisions in Subsection (5) or a schedule approved by both parties will be followed; and
     (b) neither parent will interfere with the other's parental rights pursuant to court ordered parent-time arrangements, or the schedule approved by both parties.
     (2) The court may, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the notice of relocation and parent-time schedule as provided in Section 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-time transportation.
     (3) In determining the parent-time schedule and allocating the transportation costs, the court shall consider:
     (a) the reason for the parent's relocation;
     (b) the additional costs or difficulty to both parents in exercising parent-time;
     (c) the economic resources of both parents; and
     (d) other factors the court considers necessary and relevant.
     (4) Upon the motion of any party, the court may order the parent intending to move to pay the costs of transportation for:
     (a) at least one visit per year with the other parent; and
     (b) any number of additional visits as determined equitable by the court.
     (5) Unless otherwise ordered by the court, upon the relocation of one of the parties the following schedule shall be the minimum requirements for parent-time with a school-age child:
     (a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
     (i) Thanksgiving holiday beginning Wednesday until Sunday; and
     (ii) the fall school break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
     (b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
     (i) the entire winter school break period; and
     (ii) Spring break beginning the last day of school before the holiday until the day before school resumes; and
     (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period.
     (6) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interests of the child. If the court orders uninterrupted parent-time during a period not covered by this section, it shall specify in its order which parent is responsible for the child's travel expenses.
     (7) Unless otherwise ordered by the court the relocating party shall be responsible for all

the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel expenses relating to Subsection (5)(c), provided the noncustodial party is current on all support obligations. If the noncustodial party has been found in contempt for not being current on all support obligations, he shall be responsible for all of the child's travel expenses under Subsection (5), unless the court rules otherwise. Reimbursement by either responsible party to the other for the child's travel expenses shall be made within 30 days of receipt of documents detailing those expenses.
     (8) The court may apply this provision to any preexisting decree of divorce.
     (9) Any action under this section may be set for an expedited hearing.
     (10) A parent who fails to comply with the notice of relocation in Subsection (1) shall be in contempt of the court's order.

Amended by Chapter 195, 2006 General Session

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