Divorced parents in Utah will have to comply with court rulings concerning the visitation rights of their children or risk punishments as severe as jail time if the Utah Parent-time Amendment bill becomes law.

"The statute is not trying to award parenting-time to one spouse or the other," said Rep. James A. Ferrin, R-Orem, sponsor of House Bill 10. "The statute goes to the situation where parent-time has been ordered by the court, but the court finds there has been substantial noncompliance."

He said substantial noncompliance occurs when one parent repeatedly and severely disobeys court instructions concerning parenting-time with the children.

"Parents aren't just visiting their kids during these times," Ferrin said. "They're parenting."

"The grievance can be filed by either parent, either the custodial or the non-custodial," he said. "More often than not, the non-custodial parent is filing against the custodial parent."

Ferrin said the court decides if substantial noncompliance has been committed. If it has, he said, the court determines a corrective action as simple as make-up parent-time or as harsh as jail time for the noncompliant parent.

"It is a tough issue, and we can't put everything in the statute," Ferrin said. "That is why we have judges who are supposed to render a judgment. They have to be guided by what's in the child's best interest."

Other penalties include payment of court costs, community service or mandatory counseling about the importance of having both parents in the children's lives, he said.

Brent Platt, associate director for the western region of the Division of Child and Family Services, said a judge could order his office to investigate possible cases of substantial noncompliance.

"We would assign the case to a child social worker," he said. "It is a hard allegation to prove. If a district court judge orders us to investigate, then we do. If we find the allegations are supported, then we let the judge know."

Platt said the judge will often order a parent to go see a psychologist for a custody evaluation in custody cases.

"A child's identity has a lot to do with where they came from and who they came from," said Todd Powers, a licensed clinical social worker in Provo. "It can be very detrimental to the child to suddenly lose contact with one of the two people they've come to know as being part of who they are. To lose contact with someone they rely on for security can affect their own self-worth."

Powers said an abusive parent will always undo any good parent-time with the child.

"If a parent doesn't want to spend time with the child, the child will know," he said. "Children know when they are not wanted and when a parent doesn't want them to be there."

Copyright Brigham Young University 25 Feb 2003