Legal Opinion

B.W.D. v. B.W. (In Re Interest of S.W.)

Utah Supreme Court

Decided July 17, 2017No. Case No. 20160295Published

1Opinion of the Court

Justice Himonas, opinion of the Court:

INTRODUCTION

¶ 1 B.W.D. appeals from a juvenile court order dismissing her petition for custody of her younger sisters, S.W. and D.W., and a separate order dismissing an Order to Show Cause. We reverse the juvenile court's dismissal of both orders and remand, holding that the court misapplied the Utah Uniform Child Custody Jurisdiction and Enforcement Act and deprived B.W.D. of due process.

BACKGROUND

¶ 2 Custody issues in this case began in 2004 when S.M.W. (Mother) and B.W. (Father), the parents of B.W.D. and her younger sisters, filed for divorce. The…

2Cases cited7 opinions

  1. Allen v. FrielUtah Supreme Court · 2008
  2. D.A. v. StateUtah Supreme Court · 2002
  3. State v. A.C.M.Utah Supreme Court · 2009
  4. B.A.M. Development, L.L.C. v. Salt Lake CountyUtah Supreme Court · 2012
  5. Salt Lake Legal Defender Ass'n v. AthertonUtah Supreme Court · 2011

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