Jones v Jones

Grandparents field suit under Utah Code 30-5-2 seeking visitation with their granddaughter. The district court granted their petition. The Court of Appeals reversed applying strict scrutiny to the order. The Court affirmed. It held that grandparent visitation orders are subject to strict scrutiny because control over visitation with the child has been declared fundamental in United States Supreme Court precedent and fundamental rights are protected by strict scrutiny of government interference with them. It held that one possible compelling interest gleaned from Supreme Court precedent is preventing substantial harm to the child. Applying here, the Court held there was no proof of harm as the mother is fit parent and the grandparents were not caretakers or otherwise in a role akin to being a parent. The Court also vacated part of the Court of Appeals opinion that analyzed the case under the narrow tailoring prong of strict scrutiny.