Judge orders ex-partners to make child visitation work

A district judge has denied a motion to hold a former Utah mother in contempt for not following a court visitation order that allows her ex-partner to visit her daughter.

After 1 1/2 days of testimony, 3rd District Judge Deno Himonas said Cheryl Barlow had valid reasons for putting off visits with her ex-partner, Keri Lynne Jones, while she relocated to Texas. However, the judge also denied Barlow's motion to set aside the visitation order pending a ruling by the Utah Supreme Court.

Himonas ruled that it would be more disruptive to the 3-year-old girl to stop, then restart visitation if the high court upholds the visitation order.

Currently, both women are locked in a contentious legal battle that promises to spill over into the political realm during the next legislative session.

The issue began when a 3rd District judge ruled that although Jones had no legal standing as a parent for custody, she was a parental figure in the girl's life and ordered visitation when the couple split up.

Barlow, who now claims she has left her gay life behind and has embraced an evangelical Christian faith, said as the girl's natural mother she has a right to no longer expose her daughter to things, or people, she deems unfit.

Jones contends that she and Barlow planned to raise the baby together as co-parents, even giving the baby both their last names.

Some lawmakers have indicated they plan to tighten Utah's law to prevent those who are not biological parents from gaining visitation through the courts.

During sworn testimony, both women painted very different pictures of the situation. Jones said when she found out that Barlow was moving to Texas she panicked, afraid that Barlow would never let her see the girl again. Barlow contends that Jones was harassing her, calling her at work and visiting her home, in an effort to get back with her.

Barlow also took issue with the girl calling Jones "Mommy" and Jones' family members by familial names.

Barlow said she feels she is being forced to follow the court's order that conflicts with her Christian beliefs, adding she fears that Jones will take her daughter to Gay Pride celebrations, exposing her to "scantily-clad men and drag queens."

During cross-examination, Barlow admitted that she herself took her infant daughter to a Gay Pride celebration on two occasions when she was a gay activist.

Himonas found that Barlow's motion to impose a temporary restraining order on visitation pending a high court ruling was simply a "collateral attack" on the court's order.

Because Barlow now lives in Texas, Himonas said there was a need to create a new visitation schedule that would better work for both women, noting that he anticipated his order would not please either of them.

Himonas ordered both women to share in the costs of having Jones fly to Texas twice a month to visit the girl at an estimated $700 for car, hotel and airfare. The judge also ordered that both sides hire a child visitation expert to set better boundaries that would be best for the child.

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E-mail: gfattah@desnews.com