Child Custody Investigations
Child custody disputes are a complicated and time-consuming issue for law enforcement and can be emotionally trying and frustrating for parents and custodians. The Salt Lake County Sheriff’s Office would like to provide some tips and answers to frequently asked questions regarding this subject to help citizens navigate the system as they are faced with custodial conflicts.
The difficulty facing law enforcement related to custody disputes is based on the “gray area” between a violation of a civil order and a potential violation of criminal law. In other words, when a parent denies another parent access to their children for an amount of time, when will the prosecuting authority for the jurisdiction file criminal charges?
There is not a simple answer to this question and the ultimate decision would have to be made by the prosecuting entity of the jurisdiction where the alleged violation occurred and would have to be made based on all the facts of the individual case.
Click here to read the state code concerning custodial interference
Custody disputes are often very complex and many times numerous court orders are issued, with each order changing or adjusting the previous one. The ultimate decision regarding the filing of criminal charges rests with the prosecuting entity of the jurisdiction where the violation occurred.
Information
The Salt Lake County Sheriff’s Office would like to offer the following suggestions to citizens involved in custody disputes as a guide to assist them as they try to resolve this difficult issue:
- Maintain official copies of all court orders regarding custody, visitation, and special circumstances.
- Keep contemporaneous notes to document violations of standing court orders for use in subsequent hearings.
- Resolution through civil court proceedings is preferred and all attempts to gain compliance through this remedy should be exhausted.
- Law enforcement intervention should be utilized to investigate blatant violations or to intervene when facts indicate the children’s welfare is in jeopardy.
- If you believe your children are in immediate danger, please contact law enforcement to check their welfare.
Contact Information
If you would like to contact a law enforcement professional who can provide advice regarding your individual circumstances or if you believe a criminal violation has occurred please contact your local law enforcement agency. If you reside within the Salt Lake County Sheriff’s Office jurisdiction, please call 801-743-7000.
Click here to ask a question of the Family Crimes Unit
