There are occasional circumstances in which one parent or the other has not seen the child for a prolonged period of time. I have most often seen this in paternity cases in which the biological father either did not know the existence of his biological child and hence did not exercise parent-time, and/or where the mother simply does not take steps to inform the biological father about the pregnancy and birth of the child or attempts to minimize his involvement with the child.
But regardless of circumstances or fault, in situations where there has been no contact between parent and child for prolonged periods of time, the parties may wish to consider a parent-time plan in which the parent and child are reintroduced over an appropriate period of time in which parent-time increases up to at least the statutory minimum.
This is provided for in Utah Code Section 30-3-36.
That Code Section also provides that whenever a parent travels with the child, they shall provide the other parent with an itinerary, travel dates, places where the child and traveling parent can be reached, and the name and telephone number of an available third person who would be knowledgeable of the child’s whereabouts.
The Section also provides that unchaperoned travel for a child under five years of age is not recommended.
These recommendations and provisions seem like common sense, but still provide important guidance in these types of unique circumstances.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.