An appeals court has upheld switching two children's custody to their father after their mother allegedly interfered with his visitation.
Carolyne Sigg moved the two girls from Park City to New Zealand in 1992 without telling her ex-husband, Henry Sigg contended.After hiring an investigator to find his ex-wife, he went to New Zealand for five weeks and was able to see his daughters just once, for two hours, he said. When Carolyne Sigg moved to Colorado in 1993, his calls were severely restricted, he said.
Third District Judge David Young found Carolyne Sigg's interference with visitation serious enough to change custody to the father, and last week the Utah Court of Appeals agreed.
"We recognize that changing the custodial parent is a serious step and can have far-reaching implications for the children," wrote senior Judge Regnal W. Garff.
But while stability is important, the court said, having a "loving relationship" with the noncus- todial parent is equally crucial.
"This cannot occur if visitation is constantly interfered with, and the more egregious this interference, the more it involves the child in the parent's disputes and impacts the well-being and peace of mind of the child," Garff said.
Attorney Dean C. Andreasen, who represents Henry Sigg, hailed the court's decision as a rare victory for noncustodial parents frustrated by thwarted visitation.
Lawyer Paul Wood, who represents Carolyne Sigg, said he had not seen the decision and had no immediate comment.
The girls, now 10 and 6 years old, have lived in Summit County with their father since Young's ruling in mid-1994. Their mother had an extended visit this summer, Andreasen said.