Terms Used In Utah Code > Title 78B > Chapter 13

• Abandoned: means left without provision for reasonable and necessary care or supervision. See Utah Code 78B-13-102
• Account: means the School and Institutional Trust Fund Management Account, created in Section 53D-1-203. See Utah Code 53D-1-102
• advocacy office: means the Land Trusts Protection and Advocacy Office created in Section 53D-2-201. See Utah Code 53D-1-102
• Advocacy office director: means the director of the Land Trusts Protection and Advocacy Office, appointed under Section 53D-2-203. See Utah Code 53D-1-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the board of trustees established in Section 53D-1-301. See Utah Code 53D-1-102
• Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
• Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
• Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
• Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102
• Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of the office. See Utah Code 53D-1-102
• Enabling act: means the act of Congress, dated July 16, 1894, enabling the people of Utah to form a constitution and state government and to be admitted into the Union. See Utah Code 53D-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See Utah Code 78B-13-102
• Initial determination: means the first child custody determination concerning a particular child. See Utah Code 78B-13-102
• Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Utah Code 78B-13-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Utah Code 78B-13-102
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the School and Institutional Trust Fund Office, created in Section 53D-1-201. See Utah Code 53D-1-102
• Person: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102
• Person acting as a parent: means a person, other than a parent, who:

  (a)	has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

  (b)

  has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Utah Code 78B-13-102 Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301 Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Respondent: means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301 Service of process: The service of writs or summonses to the appropriate party. State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-13-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Swear: includes "affirm. See Utah Code 68-3-12.5 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Tribe: means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. See Utah Code 78B-13-102 Trust fund: means money derived from: (a)  the sale or use of land granted to the state under Sections 6, 8, and 12 of the enabling act; (b)  proceeds referred to in Section 9 of the enabling act from the sale of public land; and (c)  revenue and assets referred to in Utah Constitution, Utah Code 53D-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writ of assistance: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Utah Code 78B-13-102 Writing: includes :Utah Code 68-3-12.5