Q: Can you petition for an ex parte child protective order in UT, for an (unrelated) child who recently moved out of UT?
Child was in utah for years before leaving with mother to flee domestic violence. no custody orders on child have ever been filed. Petitioner was the perpetrator of domestic violence, and is not at all related to child and has never lived with child. Does Utah allow for people to petition for a child protective order when said child doesn't even live in the state? UCCJEA states that emergency custody orders are unenforceable in sister states... so... a Utah order can or cannot be enforced in CA?... since it is a child 'protective order', afterall......
A:
UCCJEA questions are never simple and this forum allows for very few details so remember that this answer is NOT legal advice. That being said, you can FILE for a lot of things; whether or not the Order is enforceable is another matter. It is incredibly difficult to get orders of this nature enforced across state lines.
How someone was a perpetrator of domestic violence on a person who fled with a child but the perpetrator never lived with the child is incredibly confusing and leads to questions about whether the parent should be trusted raising a child BUT if the person who filed for the protective order is not related to the child and has not had a "parent-like" relationship with the child, the Order would likely get dismissed in fairly short order once those facts were brought to light.
If the fleeing parent has been served with paperwork, they should probably file a response denying that the State of Utah has jurisdiction. If the child has left the state and neither parent lives in the state, the Utah courts cannot exercise jurisdiction over the children under UCCJEA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
