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Day v. Barnes, 2018 UT App 143 (July 27, 2018)

Jul 27, 2018

During a custody dispute, the mother sought permission from the court commissioner to relocate.  The commissioner recommended denial of the motion to relocate and the mother appealed.  The district court overruled the objection, stating that under Utah R. Civ. P. 108, the party objecting to a decision made by the commission bears the burden of demonstrating that the recommendation is incorrect.  The court of appeals held that the plain language of Rule 108 requires the district court to make independent findings, and there is no burden on the party objecting to a commissioner’s recommendation to demonstrate that the recommendation is incorrect.