SCM NEWS & OPINIONS

Jones v. Jones, 2015 UT 84 (September 16, 2015)

The Utah Supreme Court held that a grandparent visitation order under Utah Code § 30-5-2 overriding a parent’s decision is subject to strict scrutiny review, requiring proof that the order is narrowly tailored to advance a compelling governmental interest. In order for the governmental interest to be compelling, there must be circumstances involving the avoidance of “substantial harm.” The Court did not further define what is required to establish “substantial harm,” finding there was no evidence of such harm in the present case.