Quote Quoting REM
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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.
If in fact your court order explicitly states that the right of first refusal applies even during uninterrupted parent time, then that language would govern the situation. As we have no access to the order, it would be sensible for you to discuss the order with the lawyer who assisted you during your divorce case.
Quote Quoting REM
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."
Are we talking about the statute or the order? They are not even close to being the same thing.

The statute you quote, Utah Code, Sec. 30-3-33(15), is part of a set of "advisory guidelines [that] are suggested to govern all parent-time arrangements between parents". The actual language that governs these issues is that you will find in your custody order, not that statute.
Quote Quoting REM
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.
That is an issue that you can raise with the court, should you choose to do so.
Quote Quoting llworking
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I think what she is saying is that she is not comfortable with the girlfriend being around the child at all, let alone being alone with the child.
That, also, is a separate issue that can potentially be raised through the custody court, assuming this is new information.
Quote Quoting Dogmatique
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From that wording - and Mom is going from statute - does it not seal the issue in favor of Dad?
The statute is a recommended framework for custody orders. The actual order can depart from that framework.