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2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2017
78B-20-101.
Title.
This chapter is known as the "Uniform Deployed Parents Custody, Parent-Time, and Visitation Act."
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 103 - Remedies for noncompliance.

Effective 7/1/2017
78B-20-103.
Remedies for noncompliance.
In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 104 - Jurisdiction.

Effective 7/1/2017
78B-20-104.
Jurisdiction.
(1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(2) If a court has issued a temporary order regarding custodial responsibility pursuant to Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, during the deployment.
(3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(5) This section does not prevent a court from exercising temporary emergency jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 105 - Notification required of deploying parent.

Effective 7/1/2017
78B-20-105.
Notification required of deploying parent.
(1) Except as otherwise provided in Subsection (4) and subject to Subsection (3), a deploying parent shall in a record notify the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(2) Except as otherwise provided in Subsection (4) and subject to Subsection (3), each parent shall in a record provide the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under Subsection (1).
(3) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under Subsection (1), or notification of a plan for custodial responsibility during deployment under Subsection (2), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(4) Notification in a record under Subsection (1) or (2) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(5) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 106 - Duty to notify of change of address.

Effective 7/1/2017
78B-20-106.
Duty to notify of change of address.
(1) Except as otherwise provided in Subsection (2), an individual to whom custodial responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide notice to any court that has issued a custody or child support order concerning the child, which is in effect.
(2) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under Subsection (1) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 1 - General Provisions › Section 107 - General consideration in custody proceeding of parent's military service.

Effective 5/3/2023
78B-20-107.
General consideration in custody proceeding of parent's military service.
In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 2 - Agreement Addressing Custodial Responsibility During Deployment › Section 201 - Form of agreement.

Effective 7/1/2017
78B-20-201.
Form of agreement.
(1) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting custodial responsibility before notice of deployment, but may also enter into an agreement granting custodial responsibility following notice of deployment.
(2) An agreement under Subsection (1) shall be:
(a) in writing; and
(b) signed by both parents and any nonparent to whom custodial responsibility is granted.
(3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:
(a) identify the destination, duration, and conditions of the deployment that is the basis for the agreement if the deployment has been noticed;
(b) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(c) specify any decision-making authority that accompanies a grant of caretaking authority;
(d) specify any grant of limited contact to a nonparent;
(e) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(g) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h) acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(i) provide that the agreement will terminate according to the procedures under Part 4, Return from Deployment, after the deploying parent returns from deployment; and
(j) if the agreement is required to be filed pursuant to Section 78B-20-205, specify which parent is required to file the agreement.
(4) The omission of any of the items specified in Subsection (3) does not invalidate an agreement under this section.
(5) A servicemember shall ensure that the servicemember's family care plan reflects orders and agreements entered and filed pursuant to this chapter.
Amended by Chapter 224, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 2 - Agreement Addressing Custodial Responsibility During Deployment › Section 202 - Nature of authority created by agreement.

Effective 7/1/2017
78B-20-202.
Nature of authority created by agreement.
(1) An agreement under this part is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 78B-2-203. The agreement may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under Section 78B-20-203, or under Part 4, Return from Deployment.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 2 - Agreement Addressing Custodial Responsibility During Deployment › Section 203 - Modification of agreement.

Effective 7/1/2017
78B-20-203.
Modification of agreement.
(1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part.
(2) If an agreement is modified under Subsection (1) before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(3) If an agreement is modified under Subsection (1) during deployment of a deployed parent, the modification shall be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 2 - Agreement Addressing Custodial Responsibility During Deployment › Section 204 - Power of attorney.

Effective 7/1/2017
78B-20-204.
Power of attorney.
A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under the law of this state other than this chapter or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 2 - Agreement Addressing Custodial Responsibility During Deployment › Section 205 - Filing agreement or power of attorney with court.

Effective 7/1/2017
78B-20-205.
Filing agreement or power of attorney with court.
(1) An agreement or power of attorney under this part shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support shall be provided to the court with the agreement or power.
(2) Notwithstanding Subsection (1), failure to file an agreement or power of attorney does not invalidate an otherwise valid agreement or power of attorney.
Amended by Chapter 224, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 301 - Definition.

Effective 7/1/2017
78B-20-301.
Definition.
In this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 302 - Proceeding for temporary custody -- Order.

Effective 5/4/2022
78B-20-302.
Proceeding for temporary custody -- Order.
(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under Section 78B-20-104 or, if there is no pending proceeding in a court with jurisdiction under Section 78B-20-104, in a new action for granting custodial responsibility during deployment.
Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 303 - Expedited hearing.

Effective 7/1/2017
78B-20-303.
Expedited hearing.
If a motion to grant custodial responsibility is filed under Subsection 78B-20-302(2) before a deploying parent deploys, the court shall conduct an expedited hearing.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 304 - Testimony by electronic means.

Effective 7/1/2017
78B-20-304.
Testimony by electronic means.
In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 305 - Effect of prior judicial order or agreement.

Effective 7/1/2017
78B-20-305.
Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:
(1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) the court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, unless the court finds that the agreement is contrary to the best interest of the child.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 306 - Grant of caretaking or decision-making authority to nonparent.

Effective 7/1/2017
78B-20-306.
Grant of caretaking or decision-making authority to nonparent.
(1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship.
(2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(a) the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(b) in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(3) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 307 - Grant of limited contact.

Effective 7/1/2017
78B-20-307.
Grant of limited contact.
On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 308 - Nature of authority created by temporary custody order.

Effective 7/1/2017
78B-20-308.
Nature of authority created by temporary custody order.
(1) A grant of authority under this part is temporary and terminates under Part 4, Return from Deployment, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(2) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under Part 4, Return from Deployment.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 309 - Content of temporary custody order.

Effective 7/1/2017
78B-20-309.
Content of temporary custody order.
(1) An order granting custodial responsibility under this part shall:
(a) designate the order as temporary; and
(b) identify to the extent feasible the destination, duration, and conditions of the deployment.
(2) If applicable, an order for custodial responsibility under this part shall:
(a) specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(b) if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(c) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(d) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(e) provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(f) provide that the order will terminate pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 310 - Order for child support.

Effective 7/1/2017
78B-20-310.
Order for child support.
If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment › Section 311 - Modifying or terminating grant of custodial responsibility to nonparent.

Effective 5/4/2022
78B-20-311.
Modifying or terminating grant of custodial responsibility to nonparent.
(1) Except for an order under Section 78B-20-305, except as otherwise provided in Subsection (2), and consistent with Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 4 - Return from Deployment › Section 401 - Procedure for terminating temporary grant of custodial responsibility established by agreement.

Effective 7/1/2017
78B-20-401.
Procedure for terminating temporary grant of custodial responsibility established by agreement.
(1) At any time after return from deployment, a temporary agreement granting custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During Deployment, may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(2) A temporary agreement under Part 2, Agreement Addressing Custodial Responsibility During Deployment, granting custodial responsibility terminates:
(a) if an agreement to terminate under Subsection (1) specifies a date for termination, on that date; or
(b) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement under Subsection (1) to terminate, a temporary agreement granting custodial responsibility terminates under Part 2, Agreement Addressing Custodial Responsibility During Deployment, 30 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
(4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to Section 78B-20-205, an agreement to terminate the temporary agreement shall also be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
Amended by Chapter 224, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 4 - Return from Deployment › Section 402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order.

Effective 7/1/2017
78B-20-402.
Consent procedure for terminating temporary grant of custodial responsibility established by court order.
At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 4 - Return from Deployment › Section 403 - Visitation before termination of temporary grant of custodial responsibility.

Effective 7/1/2017
78B-20-403.
Visitation before termination of temporary grant of custodial responsibility.
After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Part 2, Agreement Addressing Custodial Responsibility During Deployment, or a provision of a court order specifying temporary custodial responsibility during deployment issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or Section 30-3-10, is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
Amended by Chapter 224, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 4 - Return from Deployment › Section 404 - Termination by operation of law of temporary grant of custodial responsibility established by court order.

Effective 7/1/2017
78B-20-404.
Termination by operation of law of temporary grant of custodial responsibility established by court order.
(1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or to terminate a provision of an order for temporary custodial responsibility during deployment entered under Section 30-3-10 has not been filed, the temporary order terminates 30 days after the day on which the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.
(2) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.
Amended by Chapter 224, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 5 - Miscellaneous Provisions › Section 501 - Uniformity of application and construction.

Effective 7/1/2017
78B-20-501.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 5 - Miscellaneous Provisions › Section 502 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 7/1/2017
78B-20-502.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act › Part 5 - Miscellaneous Provisions › Section 503 - Savings clause.

Effective 7/1/2017
78B-20-503.
Savings clause.
This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016.
Enacted by Chapter 292, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 103 - Notice and opportunity for a hearing.

Effective 5/9/2017
78B-21-103.
Notice and opportunity for a hearing.
(1) Except as otherwise provided in Subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances.
(2) The court may issue an order under this chapter:
(a) without prior notice if the circumstances require issuance of an order before notice is given;
(b) after notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or
(c) after notice and without a hearing if no interested party timely requests a hearing.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 104 - Scope -- Exclusions.

Effective 5/9/2017
78B-21-104.
Scope -- Exclusions.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(2) This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
(a) the interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;
(b) the interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;
(c) the owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or
(d) the owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(3) This chapter does not apply to a receivership authorized by law of this state other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.
(4) This chapter does not limit the authority of a court to appoint a receiver under other state law.
(5) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 105 - Power of court.

Effective 5/9/2017
78B-21-105.
Power of court.
The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 106 - Appointment of receiver.

Effective 5/9/2017
78B-21-106.
Appointment of receiver.
(1) The court may appoint a receiver:
(a) before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property's revenue-producing potential:
(i) is being subjected to or is in danger of waste, loss, dissipation, or impairment; or
(ii) has been or is about to be the subject of a voidable transaction;
(b) after judgment:
(i) to carry the judgment into effect; or
(ii) to preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
(c) in an action in which a receiver for real property may be appointed on equitable grounds; or
(d) during the time allowed for redemption, to preserve a property sold in an execution or foreclosure sale and secure the property's rents to the person entitled to the property's rents.
(2) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if:
(a) appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment;
(b) the mortgagor agreed in a signed record to appointment of a receiver on default;
(c) the owner agreed, after default and in a signed record, to appointment of a receiver;
(d) the property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
(e) the owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or
(f) the holder of a subordinate lien obtains appointment of a receiver for the property.
(3)
(a) The court may condition appointment of a receiver without prior notice under Subsection 78B-21-103(2)(a) or without a prior hearing under Subsection 78B-21-103(2)(b) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified.
(b) If the court later concludes that the appointment described in Subsection (3)(a) was justified, the court shall release the security.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 107 - Disqualification from appointment as receiver -- Disclosure of interest.

Effective 5/9/2017
78B-21-107.
Disqualification from appointment as receiver -- Disclosure of interest.
(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(2) Except as otherwise provided in Subsection (3), a person is disqualified from appointment as receiver if the person:
(a) is an affiliate of a party;
(b) has an interest materially adverse to an interest of a party;
(c) has a material financial interest in the outcome of the action, other than the compensation the court may allow the receiver;
(d) has a debtor-creditor relationship with a party; or
(e) holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
(3) A person is not disqualified from appointment as receiver solely because the person:
(a) was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(b) is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(c) maintains with a party a deposit account as defined in Section 70A-9a-102.
(4) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 108 - Receiver's bond -- Alternative security.

Effective 5/9/2017
78B-21-108.
Receiver's bond -- Alternative security.
(1) Except as otherwise provided in Subsection (2), a receiver shall post with the court a bond that:
(a) is conditioned on the faithful discharge of the receiver's duties;
(b) has one or more sureties approved by the court;
(c) is in an amount the court specifies; and
(d) is effective as of the date of the receiver's appointment.
(2)
(a) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds.
(b) The receiver may not use receivership property as alternative security.
(c) Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.
(3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(4) A claim against a receiver's bond or alternative security must be made not later than one year after the date the receiver is discharged.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 109 - Status of receiver as lien creditor.

Effective 5/9/2017
78B-21-109.
Status of receiver as lien creditor.
On appointment of a receiver, the receiver has the status of a lien creditor under:
(1)Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, as to receivership property that is personal property or fixtures; and
(2)Title 57, Chapter 9, Marketable Record Title, as to receivership property that is real property.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 110 - Security agreement covering after-acquired property.

Effective 5/9/2017
78B-21-110.
Security agreement covering after-acquired property.
Except as otherwise provided by law of this state other than this chapter, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 111 - Collection and turnover of receivership property.

Effective 5/9/2017
78B-21-111.
Collection and turnover of receivership property.
(1) Unless the court orders otherwise, on demand by a receiver:
(a) a person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(b) subject to Subsection (3), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(2) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
(3) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor's lien on the property depends on the creditor's possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor's lien.
(4) Unless a bona fide dispute exists about a receiver's right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 113 - Duties of owner.

Effective 5/9/2017
78B-21-113.
Duties of owner.
(1) An owner shall:
(a) assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties;
(b) preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control;
(c) identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control;
(d) on subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(e) perform any duty imposed by court order, this chapter, or a law of the state other than this chapter.
(2) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.
(3) If a person knowingly fails to perform a duty imposed by this section, the court may:
(a) award the receiver actual damages caused by the person's failure, reasonable attorney fees, and costs; and
(b) sanction the failure as civil contempt.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 114 - Stay -- Injunction.

Effective 5/9/2017
78B-21-114.
Stay -- Injunction.
(1) Except as otherwise provided in Subsection (4) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:
(a) to obtain possession of, exercise control over, or enforce a judgment against receivership property; and
(b) to enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.
(2) Except as otherwise provided in Subsection (4), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
(3) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
(4) An order under Subsection (1) or (2) does not operate as a stay or injunction of:
(a) an act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;
(b) an act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(c) commencement or continuation of a criminal proceeding;
(d) commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce the governmental unit's police or regulatory power; or
(e) establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(5) The court may void an act that violates a stay or injunction under this section.
(6) If a person knowingly violates a stay or injunction under this section, the court may:
(a) award actual damages caused by the violation, reasonable attorney fees, and costs; and
(b) sanction the violation as civil contempt.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 115 - Engagement and compensation of professional.

Effective 5/9/2017
78B-21-115.
Engagement and compensation of professional.
(1)
(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver.
(b) The receiver shall disclose to the court:
(i) the identity and qualifications of the professional;
(ii) the scope and nature of the proposed engagement;
(iii) any potential conflict of interest; and
(iv) the proposed compensation.
(2)
(a) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party.
(b) This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.
(3)
(a) A receiver or professional engaged under Subsection (1) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses.
(b) The receiver shall pay the amount approved by the court.
Enacted by Chapter 431, 2017 General Session