My question involves a child custody case from the State of: Utah.
I have physical custody of my child and shared legal. My ex has has our daughter overnight 8 nights a month. I also encourage him to take her when I am working (I work from home) when his schedule allows.
My ex is currently using his un-interrupted week w/ our 3 year old daughter. Our CO states each parent must offer the other parent FROR if they are away from the child for 3+ hrs. If the care extends past 9pm the parent electing FROR, may keep the child overnight & return the child by 9 AM. My ex works at 7 PM & comes home around 3 or 4 AM (He is a bartender a couple nights per week.) He is insisting on having his girlfriend babysit our child while he is working instead of allowing me to care for her even though I live 10 mins away. When I brought up our CO he stated that FROR would not apply during his uninterrupted week even though he is working and will be away from our daughter. He sites the State's definition of "uninterrupted" (parent-time exercised by one parent without interruption at any time by the presence of the other parent) as the reason he doesn't have to give FROR even though it is something we mutually agreed upon in mediation and specifically had it added to our court order. The same state statute also lists "Parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the other parent, if willing and able to transport the children, to provide the child care."
My understanding is that in the State of Utah, the statue that includes the definitions of verbiage is standard in court orders but FROR is not, my belief is that FROR would supersede the definition of uninterrupted as the "interruption" is coming from his choice to work during the week, he scheduled with our daughter. Am I wrong on this? I provide him with every opportunity for FROR, he refuses to do the same and at least 1-2 times a month I find out that he did not provide me with the option of FROR after the fact, usually by a friend we have in common who frequents his bar.

