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Blocker v. Blocker

Court of Appeals of Utah

May 16, 2019

Kirsteen Didi Blocker, Appellee,
v.
Michael Phillip Blocker, Appellant.

          Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553

          Michael Phillip Blocker, Appellant Pro Se.

          Grant W. P. Morrison, Matthew G. Morrison, and Justin T. Morrison, Attorneys for Appellee.

          Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Kate Appleby concurred.

          OPINION

          MORTENSEN, JUDGE.

         ¶1 We previously considered this case in Blocker v. Blocker (Blocker I), 2017 UT App 10, 391 P.3d 1051, and remanded it to the district court to enter findings of fact to support its ruling granting Kirsteen Didi Blocker (Mother) unsupervised parent-time with her now sixteen-and-a-half year old son (Child). Michael Phillip Blocker (Father) appeals the district court's post-remand judgment. We affirm.

         BACKGROUND[1]

         ¶2 Mother and Father were married in 1997, separated just weeks after Child's birth in 2002, and divorced in 2004. Mother and Father were awarded joint custody, with Child's primary physical care and residence being with Mother. In response to Father's petition to modify custody and concerned about the detrimental impact of Mother's behavior on Child, the district court granted sole legal and physical custody to Father in 2010 (2010 Order). The district court ordered that Mother's parent-time be supervised until she "changed her mind set with regard to her own parenting abilities and Father's relationship with the child." Blocker I, 2017 UT App 10, ¶ 4, 391 P.3d 1051 (cleaned up). But concerned that supervised parent-time would be impractical for financial reasons, the court permitted Mother to have unsupervised parent-time provided that she retain a special master and participate in individual therapy by herself and joint therapy with Child. Id. Until she verified compliance with these conditions, Mother's parent-time remained supervised. Id.

         ¶3 In 2014, in response to Mother's motion to modify the 2010 Order and based on a home study report, the district court temporarily granted Mother unsupervised parent-time. Id. ¶¶ 5-6. Nearly one year later, having received no other evidence or testimony, the court decided to make Mother's unsupervised parent-time permanent without entering any findings of fact. Id. ¶ 7.

         ¶4 Father appealed, and we determined that the court had made its order granting unsupervised parent-time to Mother "permanent without explaining the basis for its decision." Id. ¶ 16. Because the court modified the parent-time requirements without providing any findings, we concluded that we were unable to review its decision and remanded for more detailed findings. Id. ¶ 21.

         ¶5 Regarding the changed circumstances, on remand the district court made the following findings of fact: (1) Mother had continued professional therapy; (2) Mother and Mother's father were maintaining a relationship with Child by going to Father's house and being allowed to spend time with Child in their car, at the curbside, for about one hour, two to three times a week; (3) Father's brother (Uncle) supervised visits between Mother and Child during the Thanksgiving and Christmas holidays without problems being noted; (4) Child was allowed to sit and visit with Mother and her family during a church Christmas program without incident; (5) Mother was allowed to speak by phone with Child two to three times per week; (6) Child was older when the district court modified parent-time; and (7) Child had received substantial therapy at the time the district court modified parent-time. The court also identified three circumstances that rendered the 2010 Order unenforceable: (1) the parties were unable to afford the cost of supervised exchanges, supervised visitation, or the services of a special master; (2) the therapist identified in the 2010 Order to oversee therapy of Mother and Child was no longer available; and (3) the agency assigned to supervise Mother's parent-time in the 2010 Order was no longer in business in Mother's geographical area.

         ¶6 Regarding Child's best interest, the district court on remand noted that both parties "wished to reasonably accommodate a relationship between [Child] and [Mother]." The court explained that "curbside parent time . . . was not in the best interest of [Child]. He needed a more reasonable and less artificial opportunity to know his [Mother] and her family."

         ¶7 The district court further described the process by which it granted Mother unsupervised parent-time. Because parent-time supervised by Uncle had been "successful and without incident," the court concluded that Mother should be allowed to exercise unsupervised parent-time on a temporary basis. At the time the district court modified parent-time, Mother had been exercising unsupervised parent-time for nearly one year without any reported incidents. Although Father speculated that Mother was engaging in "parental alienation" during her parent-time, the court noted that Father offered no evidence to support this contention. The court concluded by pointing out, "[Child] was 6 years older and in spite of the curbside restrictions and other difficulties over the years, he and [Mother] had developed and continued to maintain a positive parent/child relationship." And with regard to Mother, the court noted that she had "demonstrated an ability through the evaluation and her practice over several months to maintain a reasonable relationship with [Child]."[2] Thus, the court concluded that it was ...


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