LIVE COURT | Dakota Mortenson v. Taylor Frankie Paul - Protective Order Hearing
Quick Read
Summary
Takeaways
- ❖Dakota Mortonson filed a civil protective order against Taylor Frankie Paul, leading to a temporary order granting him 100% custody of their child.
- ❖Taylor Frankie Paul subsequently filed her own protective order against Dakota, creating a situation of mutual allegations.
- ❖The hearing focused on temporary parenting time, with the court ultimately ordering supervised visitation for Taylor for up to 6 hours per week.
- ❖Draper Police Department referred recent incident reports to the District Attorney's office, which is screening charges against *both* Taylor and Dakota, not just one party.
- ❖The Guardian Ad Litem expressed concerns about Taylor's self-control and volatility, even after completing domestic violence and parenting classes, and also noted Dakota's 'failure to protect' the child.
- ❖The court emphasized the statutory preference for professional, agency-based supervision over friends or family members for child visits in domestic violence cases.
- ❖A prior 70/30 custody agreement favoring Taylor was reached after the majority of the incidents Dakota cited in his protective order.
Insights
1Temporary Custody Reversal
Dakota's initial protective order filing resulted in a temporary award of 100% custody to him, overriding a previous 70/30 custody agreement that favored Taylor. This temporary change was the primary focus of the hearing.
The initial protective order granted Dakota temporary full custody, changing the prior 70/30 custody arrangement. The hearing was specifically set to navigate this temporary custody arrangement.
2Mutual Protective Orders and Escalation
Taylor Frankie Paul filed her own request for a protective order against Dakota just hours before the hearing, indicating escalating conflict and mutual allegations of domestic violence.
Taylor's attorney announced in court that a request for a protective order on behalf of his client had been filed about an hour prior to the hearing, leading to the prospect of 'cross protective orders'.
3Contradictory Information on Criminal Charges
Taylor's attorney asserted that Draper police did not intend to pursue charges against either party for recent incidents. However, the Guardian Ad Litem clarified that the District Attorney's office was actively screening charges against *both* parents, highlighting a significant factual discrepancy presented to the court.
Taylor's attorney stated, 'All I've heard from Draper City is that they do not intend to pursue charges against either party.' The Guardian Ad Litem later countered, 'The district attorney's office from what I understand is screening charges against both parents.'
4Guardian Ad Litem's Concerns for Child Safety
The child's representative expressed deep concern over Taylor's persistent volatility, even after completing court-mandated domestic violence and parenting programs. The GAL also noted Dakota's 'failure to protect' the child by not removing them from escalating conflicts.
The Guardian Ad Litem stated Taylor 'has a very difficult time with self-control' despite completing treatment, and that Dakota's concern was 'failure to protect' the child from situations of domestic violence.
5Court Mandates Supervised Visitation
The Commissioner ordered supervised parent time for Taylor, allowing up to 6 hours per week, with a strong preference for professional supervision services due to neutrality concerns and the need for trained observers in domestic violence contexts.
The Commissioner recommended 'supervised parent time for the next 3 weeks and two days till we come back on the 30th' for up to 6 hours per week, emphasizing the statutory preference for 'a professional individual or private agency trained in child abuse reporting laws'.
6Reality TV's Role in Perpetuating Conflict
The host and implicitly the court acknowledged that the parties' financial and professional ties to their shared reality TV storyline ('Secret Lives of Mormon Wives') contributed to their inability to separate and fostered a 'toxic cycle' of interaction, making healthy co-parenting extremely difficult.
Emily D. Baker commented, 'How do you take two individuals whose money is tied up in their interactions together and try to stop that cycle from happening?' She also noted, 'It's hard when all their money is tied up with each other and their jobs are tied up with each other.'
Lessons
- Attorneys must maintain strict factual accuracy in court, as misrepresentations (e.g., regarding criminal investigations) can severely damage credibility with the presiding judicial officer.
- In cases involving domestic violence and child custody, implementing a 'no contact' rule between high-conflict parents, facilitated by neutral third parties for child exchanges, is a critical step to ensure child safety and de-escalate conflict.
- Courts are increasingly wary of protective order filings used strategically to gain an advantage in ongoing custody disputes, and judicial officers will scrutinize the underlying motives and evidence presented.
Notable Moments
Taylor's attorney used the term 'showdown' to describe the upcoming hearing, which the Commissioner immediately bristled at, indicating a preference for resolution over conflict in family court.
This highlights the judicial temperament in family court, where judges often prefer parties to reach agreements rather than engage in adversarial 'showdowns', and can be put off by overly aggressive or media-focused rhetoric.
Taylor's attorney attempted to argue that social media had 'made its mind up' about his client, but the Commissioner stated he hadn't followed it and had to 'get it right' based on evidence.
This demonstrates the court's commitment to impartiality and evidence-based decision-making, contrasting with public opinion or media narratives, and serves as a reminder that legal arguments should be directed at the court, not the public.
The Commissioner directly questioned Taylor's attorney's claim that Draper police would not pursue charges, immediately seeking clarification from the Guardian Ad Litem, who provided a contradictory and more accurate account.
This moment critically undermined Taylor's attorney's credibility in court and underscored the importance of accurate factual representation, especially from a neutral party like the Guardian Ad Litem.
Quotes
"The two of them need to just be in separate spots."
"The court, unlike social media, actually has to get it right."
"I agree that the anger is directed at him. I don't think that the anger has been directed at the child... But I'm not convinced that there won't be anger directed at other people that can result in the children being harmed."
"I am aware that people will do this to get a benefit in a custody case."
Q&A
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