Link for opinion: http://www.leagle.com/xmlResult.aspx?xmldoc=1986845728P2d117_1843.xml&docbase=CSLWAR2-1986-2006
The Utah court of appeals held in Wight v. Wight 268 P.3d 861 (2011) the use of ACAFS is justified. The trial court found that the parties have “ample and compelling” emotional issues between them and that these issues “justify the need for ACAFS.”
John Andrew Wight and Anna Wight were married in April of 2001. The couple had a daughter in 2002 and a son in 2004. IN August of 2005 Anna moved out of the home and filed for divorce. In March of 2006 the couple was granted joint custody, and the wife had temporary physical custody. The husband was granted two midweek visitations.
The trial court labeled the couple as “high conflict”, and therefore used ACAFS (third party organization that facilitates the pick-up and drop-off) to pick-up and drop-off the children for visitation. Further the trial court found that the use of ACAFS has been beneficial to parties. ACAFS helps with the communication and prevents emotional issues from occurring in front of the children. John Wright has failed to bring any evidence to against the ACAFS. The trial court did not exceed it’s discretion by ordering the husband and wife to continue to use these services.
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