Utah Judge Denies Tate Paul's Emergency Custody Bid Over 'Hearsay'

A Utah judge on June 30, 2026 denied Tate Paul's request for an emergency temporary restraining order and sole custody of his two children with 'Secret Lives of Mormon Wives' star Taylor Frankie Paul, ruling that many allegations rested on 'inadmissible hearsay' and that a child's anxiety and school struggles do not meet Utah's 'immediate and irreparable harm' standard for emergency orders.

Key Facts

The reporting comes from TMZ, with additional coverage from E! News and Fox 13 Now. A source cited by TMZ tied the filing to conflict involving Taylor's more recent ex-partner, Dakota Mortensen. Because this is an active case, this commentary addresses only the general Utah legal standards involved — not the private strategy of the parties.

Why this matters legally

This ruling illustrates a hard rule that governs every Utah custody case: emergency orders require admissible evidence of immediate, irreparable harm — not secondhand accounts or generalized concern. Under Utah Rules of Civil Procedure Rule 65A, a court will not issue a temporary restraining order unless the moving party demonstrates specific facts, supported by affidavit or verified complaint, showing that immediate and irreparable injury will result before the other side can be heard.

The judge's reference to 'inadmissible hearsay' is a technical but decisive point. Hearsay is an out-of-court statement offered to prove the truth of what it asserts, and under Utah Rule of Evidence 802 it is generally not admissible. When a parent supports an emergency motion with statements like 'the child told me' or 'a friend reported,' those statements often cannot carry the evidentiary weight an emergency order demands. Courts want firsthand declarations, records, or witnesses subject to cross-examination.

The court's second point — that anxiety and school struggles do not amount to immediate and irreparable harm — reflects the high bar for ex parte relief. Utah judges routinely see children under stress during parental conflict, and emotional difficulty alone rarely justifies stripping custody without a full hearing. To learn how courts evaluate these disputes, see our overview of child custody arrangements.

How Utah law handles this

Utah decides custody under the best-interest-of-the-child standard codified in Utah Code § 30-3-10. Judges weigh factors including each parent's past conduct and moral character, the child's bond with each parent, the parties' ability to cooperate, and any history of abuse or neglect. No single allegation controls; the court reviews the totality of the evidence.

Modifying an existing custody arrangement is harder than establishing one. Under Utah Code § 30-3-10.4, a parent seeking to change a custody or parent-time order must first prove a substantial and material change in circumstances since the last decree, and then separately show that the modification serves the child's best interests. This two-step threshold means a 2022 divorce decree cannot be reopened simply because tensions have escalated — the moving parent must document a genuine, significant shift.

Protective orders follow their own track. Utah's Cohabitant Abuse Act, Utah Code § 78B-7-603, allows a court to issue an ex parte protective order when a petition alleges abuse or a substantial likelihood of immediate danger. But the same admissibility principles apply: allegations must be specific, sworn, and credible. A judge who finds the supporting facts speculative or hearsay-based will deny emergency relief and set the matter for a noticed hearing where both sides present evidence.

Utah also encourages structured parenting plans that define custody, parent-time, and decision-making responsibility. When conflict is high, courts may order a custody evaluation — an independent professional assessment — rather than ruling on competing affidavits alone.

Practical takeaways

1. Build your record with admissible evidence. If you seek an emergency order in Utah, support it with firsthand sworn declarations, documents, medical or school records, or witnesses — not 'someone told me' statements that trigger the hearsay bar under Utah Rule of Evidence 802.

2. Understand the modification threshold. To change a custody order under Utah Code § 30-3-10.4, you must prove a substantial and material change in circumstances first, then that the change benefits the child. Gather dated evidence showing what shifted since the original decree.

3. Distinguish real safety risk from ordinary conflict. Utah reserves emergency relief for immediate, irreparable harm. Document specific incidents with dates and details if genuine danger exists; general anxiety usually warrants a full hearing, not an ex parte order.

4. Prepare for a noticed hearing. A denied emergency order does not end the case. The underlying modification petition remains pending, and both parents should organize evidence, witnesses, and a proposed parenting plan before the scheduled hearing.

5. Map your next steps. If you are facing a custody dispute, our personalized divorce roadmap can help you identify the filings and evidence your situation requires, and you can find a divorce attorney in Utah to advise you directly. To estimate parenting-time splits, try our parenting time calculator.

If you are navigating a Utah custody modification or protective-order dispute, working with an experienced local family-law attorney can help you assemble admissible evidence and meet the correct legal standard the first time.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.