Watson v. Prestwich
CourtCourt of Appeals of Utah
Date FiledAugust 6, 2026
DocketCase No. 20231037-CA
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
2026 UT App 122
THE UTAH COURT OF APPEALS
IN THE MATTER OF THE PARENTAGE OF THE CHILD OF
KEARY LAMAR WATSON AND REBECCA PRESTWICH
KEARY LAMAR WATSON
Appellee,
v.
REBECCA PRESTWICH
Appellant.
Opinion
No. 20231037-CA
Filed August 6, 2026
Fourth District Court, Provo Department
The Honorable Robert A. Lund
No. 204400976
Rebecca Prestwich, Appellant Pro Se
Sheleigh A. Harding, Guardian ad Litem
JUDGE DAVID N. MORTENSEN authored this Opinion, in which
JUDGES GREGORY K. ORME and MICHELE M. CHRISTIANSEN
FORSTER concurred.
MORTENSEN, Judge:
¶1 Rebecca Prestwich appeals the district court’s award to
Keary Watson of sole physical and legal custody of a child (Child)
they had together in 2010. Prestwich’s complaints center on
allegations that the district court improperly determined that she
was a vexatious litigant and exceeded its discretion in its custody
and child support orders. All of Prestwich’s claims of error are
unavailing, and we affirm the district court’s orders.
Watson v. Prestwich
BACKGROUND
¶2 In September 2019, Watson, who lived in Oregon, filed a
petition for parentage in Utah’s Third District Court. Child was
nine years old at the time and had been in the exclusive care of
Prestwich for her entire life. Watson asked for joint legal custody,
with Prestwich—who lived in Utah—having physical custody.
He also requested parent-time during summer breaks and
additional parent-time in the event that he and Prestwich lived
within 150 miles of each other.
¶3 The Third District parentage case was transferred to the
Fourth District in March 2020. Prestwich, who subscribes to
sovereign citizen ideology, did not substantially participate in the
case, alleging that she was not subject to the court’s jurisdiction. 1
1. “Sovereign citizens believe the government is operating outside
of its jurisdiction and generally do not recognize federal, state, or
local laws, policies, or governmental regulations. They subscribe
to a number of conspiracy theories, including a prevalent theory
which states the United States Government . . . became bankrupt
and began using citizens as collateral in trade agreements with
foreign governments.” Domestic Terrorism Operations Unit II,
FBI, Sovereign Citizens: An Introduction for Law Enforcement 1
(2010), https://info.publicintelligence.net/FBI-SovereignCitizens.
pdf [https://perma.cc/GC7H-GC86]. “It is well-established . . . that
arguments based on sovereign citizen ideology are inherently
frivolous, and should be summarily dismissed as a waste of
judicial resources.” Riding v. Morgan Stanley & Co., No. 25-CV-
00648, 2025 WL 3543006, at *2 (W.D. Mo. Dec. 10, 2025) (cleaned
up); see also Prelle v. United States Mint, No. 24-5291, 2024 WL
4898064, at *4 (E.D. Pa. Nov. 26, 2024) (noting that federal courts
“routinely dismiss claims of sovereign citizens based on a
contractual relationship created by birth certificates as fictitious”);
Mackey v. Bureau of Prisons, No. 15-CV-1934, 2016 WL 3254037, at
(continued…)
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Watson v. Prestwich
Prestwich subsequently filed a petition in the Fourth District
Juvenile Court to terminate Watson’s parental rights, a move that
effectively stayed the other proceeding. Prestwich’s case was
dismissed in March 2021.
¶4 In July 2021, Watson filed a motion for leave to amend his
petition for parentage in order to request physical and legal
custody. Watson asserted that Prestwich’s “erratic and irrational”
court filings, along with Watson’s concerns about her “mental
health and well-being,” indicated that she did not intend to
comply with the court’s parent-time orders. And Watson argued
that it was in Child’s best interest that Watson be awarded legal
and physical custody and that Prestwich undergo a mental health
evaluation and be limited to supervised parent-time. It does not
appear that Watson formally filed the amended petition. But the
court did grant Watson’s motion for parent-time, including
virtual weekly contact and one-half of the summer break.
Prestwich appears not to have received this order well, an
inference we glean from the issuance of the writ of assistance in
late July to enable Watson to exercise his parent-time rights.
Prestwich also did not welcome this intervention: she assaulted
one of the officers during the execution of the writ—all while
*1 (E.D. Cal. June 14, 2016) (“Courts across the country have
uniformly rejected arguments based on the sovereign citizen
ideology as frivolous, irrational, or unintelligible.” (cleaned up));
United States v. Studley, 783 F.2d 934, 937 n.3 (9th Cir. 1986) (noting
that sovereign citizen legal arguments have been “consistently
and thoroughly rejected by every branch of the government for
decades” and that the “advancement of such utterly meritless
arguments is now the basis for serious sanctions imposed on civil
litigants who raise them”); Trevino v. Florida, 687 F. App’x 861, 862
(11th Cir. 2017) (per curiam) (collecting cases characterizing
sovereign citizen legal theories as frivolous and baseless).
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Watson v. Prestwich
screaming about not being subject to the laws of Utah and
ultimately being arrested.
¶5 In early September 2021, the court found that Child would
“suffer irreparable injury” if returned to Prestwich’s custody; that
Prestwich had displayed “ongoing outrageous and harmful
conduct,” shown “erratic behavior,” and expressed “seemingly
delusional claims”; and that Prestwich refused “to acknowledge
the authority of the Court and follow the Court’s orders.” Based
on these findings, the court granted sole physical and legal
custody to Watson and limited Prestwich to supervised parent-
time through a temporary restraining order. See Utah Code § 81-
9-207(2) (“A court may order supervised parent-time of a minor
child . . . if the court finds . . . evidence that the minor child is likely
to be subject to physical harm, emotional harm, or abuse from the
noncustodial parent if left unsupervised with the noncustodial
parent; . . . it is necessary to protect the minor child; and . . . there
are no less restrictive means reasonably available.”). After hearing
from the parties, the court converted the temporary restraining
order into a preliminary injunction in December 2021. Under the
injunction, sole physical and legal custody was granted to Watson
and supervised parent-time was granted to Prestwich.
¶6 In late September 2021, Prestwich filed a parentage petition
in the Second District seeking sole physical and legal custody, but
the judge denied it, observing that the Fourth District case was
still being litigated. Prestwich also used the old Third District
court case to get a writ of assistance in Oregon and attempted to
take Child from school in Portland, but the school refused to
release Child because the writ did not have Child’s legal name.
¶7 In November 2021, the Fourth District court determined
that Prestwich was a vexatious litigant: “Based on voluminous
incoherent and frivolous court filings as well as repeatedly
abusive telephone calls to the court’s staff, the court finds
[Prestwich] to be a vexatious litigant. Therefore, the court directs
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[Prestwich] not to file any further pleadings pro se. Any legal
filings on behalf of [Prestwich] must be filed by counsel as an
officer of the court. The court further strikes all pending motions
filed by [Prestwich] pro se. Counsel for [Prestwich] can refile any
motions that counsel determines to be meritorious.” Prestwich
seemingly disregarded the vexatious litigant order as evidenced
by an order to show cause in June 2022 regarding its violation. In
November 2022, the court ordered Prestwich to appear to respond
to accusations that she violated the vexatious litigant order
twenty times. Additional orders to show cause as to Prestwich’s
vexatious litigant status followed in January and February 2023.
At a contempt hearing in January 2023—where Prestwich was
present and represented by counsel—the court stated that
Prestwich had “literally filed hundreds . . . of documents with the
Court [that] any person with legal training would find to be
unintelligible.” There, Prestwich stated that she understood she
was not to personally file anything with the court or email court
personnel. At another contempt hearing in February 2023—where
Prestwich was again present and represented by counsel—the
court found Prestwich in contempt and sanctioned her with thirty
days in jail, but the court allowed her to purge her contempt by
ceasing to file documents pro se. Even after being so informed,
Prestwich stated for the record that she was simply trying to
protect Child, prompting the court to reconsider whether she
might be required to serve the thirty days. Fortunately for
Prestwich, the hearing ended shortly thereafter without the court
requiring her to serve the jail sentence. The court issued yet
another order to show cause in June 2023 based on twelve
instances of improper communication from Prestwich to court
staff. At the subsequent hearing—which Prestwich did not attend
but her counsel did—the court issued a civil bench warrant for her
arrest and imposed the aforementioned jail sentence.
¶8 In August 2023, the trial in this matter was held. Watson
appeared pro se. Prestwich did not appear at trial, but her counsel
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Watson v. Prestwich
represented her. 2 And a guardian ad litem (GAL) appeared for
Child. Prestwich’s counsel began by asking that the court deem
admitted a number of admissions that had been served on Watson
in March but that he did not answer. Apparently, some of these
would have been very harmful if attributed to Watson. The
district court declined to enter the admissions.
¶9 The court itself questioned Watson extensively. Watson
testified that when he assumed custody of her, Child was suicidal,
lacked basic skills like tying her shoes, struggled with bedwetting,
and was emotionally underdeveloped. Additionally, he said her
school attendance had been inconsistent. He noted that Prestwich
struggled with severe mental health problems, making any visits
a traumatic experience for Child. He provided evidence showing
that even supervised interactions with Prestwich were
emotionally abusive, highlighting a text message where Prestwich
attacked Child, calling her a “little bitch” and accusing her of
ruining her aunt’s life.3 Watson testified that despite this trauma,
Child had made significant progress under his care, stating that
Child had been working with a therapist, had developed better
social skills, and had begun enjoying school. Finally, when asked
what he wanted the court to do about the situation, Watson
requested sole physical and legal custody and a mandate that
Prestwich receive a psychological evaluation and be granted only
supervised parent-time.
¶10 Prestwich’s counsel began his cross-examination by asking
Watson to address Prestwich’s accusation that he was involved in
sex trafficking and in procuring prostitutes. Watson responded by
saying, “[T]hat’s balderdash. That’s nonsense.” Then Prestwich’s
counsel asked him about the unanswered admissions, in
2. The court had expressly ordered her to appear in person.
3. Child’s aunt, who is Prestwich’s sister, supervised Prestwich’s
parent-time.
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Watson v. Prestwich
particular one that he represented as stating, “Please admit that
you have raped, sexually assaulted, physically abused,
emotionally abused, mentally abused, and/or exploited many
women in the past, and continue to do so.” 4 Prestwich’s counsel
said that this statement was “deemed admitted” by Watson’s lack
of responding to the request for admissions. The court jumped in
and clarified, “It’s not deemed admitted. The Court hasn’t
deemed it admitted. There was no motion ever before the Court
to deem those admitted. And trying to do so now, I find it to be
untimely.” Nevertheless, the court afforded Watson the
opportunity to answer, and he responded, “There’s not truth in
any of that.”
¶11 Later in the trial, the GAL shared Child’s perspective on
the custody situation. The GAL reported that Child was deeply
worried about Prestwich’s mental health and hoped she would
seek treatment in a residential facility for a month or two.
Additionally, according to the GAL, Child mentioned that her
aunt frequently had to end the visits she was supervising early
due to Prestwich’s inappropriate rants and outbursts. The GAL
also reported that Child was happy living with Watson, enjoyed
her school, and preferred that her current living arrangements
stay the same. The GAL noted there was no evidence suggesting
Watson was alienating Child from Prestwich. The GAL explained
that while Child wanted to spend time with Prestwich, she was
afraid that Prestwich might kidnap her. Ultimately, the GAL
recommended that any parent-time with Prestwich be supervised
by a family member to ensure Child remained safe.
¶12 At the conclusion of the trial, the court found that Watson
was a good parent to Child and that Prestwich was “not mentally
4. As we explain later, the actual text of the request for admissions
does not appear to be included in the record. See infra ¶ 27. The
text here represents only the question asked by Prestwich’s
counsel.
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Watson v. Prestwich
[or] emotionally well.” The court also found that Prestwich was
emotionally abusive to Child. Based on these findings, the court
granted sole physical and legal custody to Watson. The court
granted closely supervised parent-time to Prestwich and ordered
her to pay child support based on an imputed income. Prestwich
appeals, raising multiple claims of error as identified below.
ISSUES AND STANDARDS OF REVIEW5
¶13 Prestwich first argues that the district court erred when it
found her to be a vexatious litigant. She relatedly challenges the
district court’s orders to show cause and its findings that she was
in contempt. “We employ three different standards of review in
considering” a vexatious litigant determination. Vashisht-Rota v.
Howell Mgmt. Services, 2021 UT App 133, ¶ 16, 503 P.3d 526 (per
curiam) (cleaned up). We review (1) the court’s findings of fact
under a clearly erroneous standard, (2) its conclusion that a
litigant ran afoul of rule 83 of the Utah Rules of Civil Procedure
and “any subsidiary legal conclusions . . . under a correction of
error standard,” and (3) its determination regarding “sanctions to
5. Prestwich has made no effort in briefing to articulate a standard
of review or to establish that any of the issues were preserved. See
Utah R. App. P. 24(a)(5) (“The statement of the issue must set forth
the issue presented for review, including for each issue: (A) the
standard of appellate review with supporting authority; and (B)
citation to the record showing that the issue was preserved for
review; or a statement of grounds for seeking review of an issue
not preserved.”). Nor has she included comprehensible citations
to the record for any of her assertions. She purports to be using a
record-citation system, but whatever that system is, it does not
correspond to the Bates numbering of the record on appeal and
we have been unable to decipher it.
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Watson v. Prestwich
be imposed . . . under an abuse of discretion standard.” See id.
(cleaned up).
¶14 Prestwich next asserts that the district court abused its
discretion in granting Watson relief not requested in his petition
for parentage. Specifically, Prestwich complains that the district
court erred in granting Watson sole legal and physical custody of
Child, ordering Prestwich’s parent-time to be supervised, and
ordering Prestwich to pay child support when Watson did not ask
for such relief in his petition. “We review custody determinations
deferentially, and so long as the district court’s discretion is
exercised within the confines of the legal standards we have set,
and the facts and reasons for the decision are set forth fully in
appropriate findings and conclusions, we will not disturb the
resulting award.” Kingston v. Kingston, 2022 UT 43, ¶ 20, 532 P.3d
958 (cleaned up).
¶15 Prestwich’s third claim is that the district court erred in not
deeming as admitted pursuant to rule 36 of the Utah Rules of Civil
Procedure various allegations in her request for admissions that
was served on Watson. We review a district court’s interpretation
of a rule of procedure for correctness. See Ostler v. Buhler, 1999 UT
99, ¶ 5, 989 P.2d 1073.
¶16 Prestwich next argues that the district court abused its
discretion in issuing a writ of assistance to Watson, a temporary
restraining order, and a preliminary injunction. We review such
orders for an abuse of discretion and “will not set aside a district
court’s conclusion unless it is so lacking in support as to be against
the clear weight of the evidence.” Planned Parenthood Ass’n of Utah
v. State, 2024 UT 28, ¶ 43, 554 P.3d 998 (cleaned up).
¶17 Prestwich’s fifth assertion is that the district court erred in
ordering child support without making the necessary findings of
fact. Specifically, Prestwich claims that the district court should
not have imputed income to her without making the necessary
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factual findings or considering the required statutory factors. See
Utah Code § 81-6-203(6). “We review the district court’s decisions
regarding child support . . . under the abuse of discretion
standard.” Pankhurst v. Pankhurst, 2022 UT App 36, ¶ 13, 508 P.3d
612 (cleaned up). And “we review the legal adequacy of findings
of fact for correctness as a question of law.” In re G.H., 2023 UT
App 132, ¶ 25, 540 P.3d 631 (cleaned up).
¶18 Prestwich’s sixth claim is that the district court erred in
failing to make the necessary findings in support of its custodial
determinations. We review custodial determinations
deferentially. See Kingston, 2022 UT 43, ¶ 20. The adequacy of
factual findings is reviewed for correctness. In re G.H., 2023 UT
App 132, ¶ 25 (cleaned up). 6
ANALYSIS
I. Vexatious Litigant Determination
¶19 Prestwich first asserts that the district court erred when it
determined that she was a vexatious litigant, and she relatedly
challenges the court’s orders to show cause and the findings that
she was in contempt.
6. Prestwich also insists that this matter must be heard by a
different district court judge on remand. She alleges that Judge
Lund “effectively abused his discretion, violated every applicable
court rule and statute with each and every ruling/order he . . .
issued in this case, . . . [and showed] a disturbing course of
conduct that can only be explained by bias/misogyny, disinterest,
and incompetence.” We have no occasion to entertain her request,
not only because we are not remanding this case but because
Judge Lund is now retired, making this issue moot.
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Watson v. Prestwich
¶20 Rule 83 of the Utah Rules of Civil Procedure authorizes a
court to “find a person to be a ‘vexatious litigant’ if the person,”
among other actions, files three or more times unmeritorious,
immaterial, or impertinent pleadings or papers. Utah R. Civ. P.
83(a)(1)(C). “Before entering an order [requiring a vexatious
litigant to undertake certain enumerated actions], the court must
find by clear and convincing evidence that . . . the party subject to
the order is a vexatious litigant; and . . . there is no reasonable
probability that the vexatious litigant will prevail on the claim.”
Id. R. 83(c)(1)(A)–(B). “In other words, the court cannot impose a
vexatious litigant order on a pro se litigant whose claim before
that court enjoys a reasonable probability of success.” Strand v.
Nupetco Assocs. LLC, 2017 UT App 55, ¶ 5, 397 P.3d 724.
¶21 As but a few examples demonstrate, there is no doubt that
Prestwich’s actions place her squarely in the category of a
vexatious litigant. Her numerous filings included such things as a
“notice of her intent to file a criminal incident report for kangaroo
court case,” a claim that she was “no longer under the jurisdiction
of the maritime admiral law” and so was “not lawfully obligated
to reply or acknowledge Satan’s courts,” threatening emails to
court staff, and demands of large fees. In another filing, she
appears to request dismissal of the case based on her assertion
that she is “a living woman who now owns the fictional entity
REBECCA PRESTWICH that was created without [her]
permission.” She goes on to make additional incoherent
assertions echoing sovereign citizen ideology. We see no
exaggeration in the court’s finding that Prestwich had filed
“literally hundreds . . . of documents,” most of which “any person
with legal training would find to be unintelligible.” The court
identified twenty instances of prohibited communications in its
November 2022 order to show cause, along with another twelve
instances of prohibited communications in its June 2023 order to
show cause.
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Watson v. Prestwich
¶22 Prestwich’s contention that she was denied due process in
the vexatious litigant determination itself is without foundation.
She claims that the “fact [she] was not provided notice and an
opportunity to be heard, alone, is fatal to [the district court’s]
vexatious litigant order.” She is mistaken. Rule 83 does not
prohibit a court from sua sponte declaring a person to be a
vexatious litigant. In other words, nothing in the rule requires
notice and an opportunity to be heard before a person is declared
a vexatious litigant. But the right to notice and an opportunity to
be heard do come into play when orders are entered requiring a
vexatious litigant to take certain actions. See Utah R. Civ. P. 83(b).
And for any such orders, Prestwich was provided with notice by
the orders to show cause noted above. And there were hearings
on the orders to show cause related to the issue that allowed
Prestwich the opportunity to be heard. The fact that she did not
take advantage of these opportunities or that the results were not
in her favor does not mean that her due process rights were
violated. See Bivens v. Salt Lake City Corp., 2017 UT 67, ¶ 54, 416
P.3d 338 (noting that due process challenges are waived by non-
participation in proceedings). While the district court may not
have explicitly stated that there was no reasonable probability
that Prestwich could prevail on the nebulous claims in her filings
that gave rise to its vexatious litigant determination, there is no
doubt that her claims were simply without merit due to their
incomprehensibility. To put it bluntly, a person cannot establish a
reasonable probability of success merely by reciting idiosyncratic
sovereign citizen ideology that lacks discernible legal significance.
See supra note 1. Accordingly, Prestwich’s challenge to the court’s
vexatious litigant determination fails.
II. Scope of Watson’s Relief
¶23 Prestwich next asserts that the district court abused its
discretion in granting Watson more relief than he requested in his
petition for parentage, specifically pointing to it granting sole
legal and physical custody, ordering supervised parent-time for
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Watson v. Prestwich
Prestwich, and ordering Prestwich to pay child support. While we
“review custody determinations deferentially,” Kingston v.
Kingston, 2022 UT 43, ¶ 20, 532 P.3d 958 (cleaned up), a defaulting
party—which is how the district court apparently regarded
Prestwich in spite of the fact that her attorney was present at
trial—should not be subject to relief beyond that which was
requested in the complaint, see Holt v. Holt, 672 P.2d 738, 741 (Utah
1983) (“A party to a lawsuit may voluntarily default and in so
doing rely on the relief requested in the pleadings. A defaulting
party should expect that the relief granted will not exceed or
substantially differ from that sought in the complaint.” (cleaned
up)).
¶24 While we have some reservation in agreeing with the
assessment of the district court that Prestwich was in default
given that she was represented by counsel at trial, 7 her putative
default status makes no difference here because the relief Watson
received was identified in his petition, albeit obliquely. Watson
asked that the relief he specifically requested be granted “together
with such other and further relief and assistance as the Court may
deem just and equitable in the premises.” Moreover, “[w]hen an
issue not raised in the pleadings is tried by the parties’ express or
implied consent, it must be treated in all respects as if raised in the
pleadings.” Utah R. Civ. P. 15(b)(1). “A party may try an issue by
implied consent by failing to object to the introduction of evidence
related to the unpleaded issue.” Fibro Trust, Inc. v. Brahman Fin.,
Inc., 1999 UT 13, ¶ 8, 974 P.2d 288; accord Reller v. Argenziano, 2015
UT App 241, ¶ 18, 360 P.3d 768. Because there is no indication that
Prestwich’s counsel objected to having the issue of sole custody
being awarded to Watson addressed at trial, Prestwich’s implied
consent here is obvious. In sum, Prestwich knew that custody of
7. As noted, Prestwich had been ordered to appear in person. See
supra note 2. But it does not appear that the district court made an
express ruling entering the default.
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Child was on the table in light of the broad scope of Watson’s
petition. This broad scope—coupled with the implied consent of
the parties to address sole custody going to Watson—makes this
claim of error without merit.
III. Admission of Allegations
¶25 Prestwich claims that the district court erred in not
accepting as admitted certain allegations she identified in a
request for admissions served on Watson. It is undisputed that
Watson did not respond to the request for admissions. And as
represented by Prestwich in her briefing on appeal, many of those
admissions would have been harmful to Watson’s case.
¶26 Rule 36 of the Utah Rules of Civil Procedure provides that
a matter in a request for admissions “is admitted unless, within
28 days after service of the request, the responding party serves
upon the requesting party a written response.” Utah R. Civ. P.
36(c)(1); see In re Discipline of Pendleton, 2000 UT 77, ¶ 42, 11 P.3d
284 (“[The party] failed to timely respond to the . . . request for
admissions. Thus, the trial court correctly concluded that the
matters set forth in the . . . request were deemed admitted.”).
However, as a threshold matter, a request for an admission must
be properly drafted before it can be deemed admitted absent a
response. The rule provides, “A party may serve upon any other
party a written request to admit the truth of any discoverable
matter set forth in the request . . . . The matter must relate to
statements or opinions of fact or of the application of law to fact.”
Utah R. Civ. P. 36(a).
¶27 And this is where Prestwich’s claim of error falls short. She
did not ensure that the record included the actual request for
admissions that she served on Watson. Prestwich’s record citation
for the request served on Watson does not correspond to the Bates
numbering in the record on appeal. See supra note 5. We have
nevertheless diligently searched the record for the interrogatories
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Watson v. Prestwich
and admissions, but without success. The record is admittedly a
jumble of myriad nonsensical filings, so it’s entirely possible the
document got lost in the mire. But we decline the implicit
invitation to comb the record any more thoroughly than we
already have in the off chance that the request for admissions
might be buried in its nearly 4,600 pages. See generally Prisbrey v.
Prisbrey, 2026 UT App 39, ¶ 23 & n.6, 588 P.3d 329 (noting the
importance of “compliance with briefing and citation
standards”). 8 “A party bringing a claim of error before this court
has the duty and responsibility to support such allegation by an
adequate record. When an appellant fails to provide an adequate
record on appeal, this court presumes the regularity of the
proceedings below. And when crucial matters are not included in
the record on appeal, the missing portions are presumed to
support the action of the trial court.” State v. Case, 2020 UT App
81, ¶ 19, 467 P.3d 893 (cleaned up). So, while the district court’s
failure to deem admitted the request for admissions is potentially
troubling, we simply have no way of knowing—apart from
Prestwich’s unsupported characterization of the requested
admissions—the content of the admissions or their propriety. In
sum, because Prestwich has not provided an adequate record on
this essential point, we decline the invitation to disturb the district
court’s decision not to admit the matters allegedly contained in
Prestwich’s request for admissions. 9
8. We do know that the interrogatories and request for admissions
were served on Watson because the certificate of service is in the
record. But that is where the record stops. The actual
interrogatories and request for admissions are nowhere to be
found.
9. It bears mention that it was the GAL—not Watson—who
responded to Prestwich’s appellate argument on this front. We
(continued…)
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IV. Initial Custody Orders
¶28 Prestwich next argues that the district court abused its
discretion in issuing its initial custody orders, specifically a writ
of assistance, a temporary restraining order, and a preliminary
injunction.
¶29 Prestwich asserts that the writ of assistance was
improperly obtained and wrongfully executed because there was
no evidence that she was anything but a capable and exemplary
mother or that Child was in danger of imminent physical harm or
of being taken out of the state. And she argues that the temporary
restraining order and preliminary injunction were issued to
punish her for perceived misconduct related to events
surrounding the execution of the writ of assistance. Prestwich’s
claims are without merit.
¶30 The writ of assistance was issued only after Prestwich
began to display troubling behavior. In issuing the writ, the court
noted that Prestwich had not attended any of the five hearings
related to temporary custody orders. And as the court stated in its
findings supporting the writ, Prestwich’s responses in court
filings gave rise to serious concerns about her “mental state.”
have concerns that the GAL lacked standing to address this issue.
In this circumstance, we normally would conclude that the
appellant should prevail. See AL-IN Partners, LLC v. LifeVantage
Corp., 2021 UT 42, ¶ 19, 496 P.3d 76 (“When an appellee fails to
present us with any argument, an appellant need only establish a
prima facie showing of a plausible basis for reversal. This is a
lower standard than the typical burden of persuasion on appeal.”
(cleaned up)). To the extent that the GAL did lack standing,
however, Prestwich has failed—even under the lower standard
articulated in AL-IN Partners—to “establish a prima facie showing
of a plausible basis for reversal” owing to the inadequate record
presented on appeal. See id. (cleaned up).
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Watson v. Prestwich
Moreover, Prestwich had “not appeared to provide the court the
opportunity to inquire on such concerns,” and the GAL’s efforts
to ensure Prestwich’s “cooperation” had “not been met well.” The
court also determined that Watson needed to have contact and
parent-time with Child, starting without delay. Finally, the court
expressed concern about Child’s well-being in the situation.
Based on these findings, the court issued the writ of assistance.
Given these circumstances, we simply see no abuse of discretion
in the court’s issuance of the writ to assist Watson in exercising
his parent-time.
¶31 The temporary restraining order issued in September 2021
and the later preliminary injunction in December 2021 by which
Watson gained sole legal and physical custody were supported by
multiple findings, including Prestwich’s assault of the police
officer when the writ of assistance was executed and her
increasingly inappropriate communications with Child (for
example, telling her that she had been “kidnapped,” that
Watson’s “family are reptiles,” that Child was a “victim,” and that
Watson was a “predator”). The GAL “readily” concluded that
Prestwich’s actions toward Child constituted “child abuse” and
“emotional abuse” under Utah law. The GAL provided this
summary: “[Child] has been exposed to some extremely
troubling, I would even say delusional, ideations by her mother.
[Child] has witnessed a parent who not only distrusts the police
and law enforcement and the courts, but continually
demonstrates that through her conduct.” In light of her ideologies
and the belief that “she is above the law,” Prestwich, in the GAL’s
estimation, represented a “flight risk” such that contact with
Child “would be extremely dangerous.” Based on this troubling
evidence, the court ultimately issued the preliminary injunction
in favor of Watson having custody.
¶32 We see no abuse of discretion here. In other words, the
court’s conclusion was not “so lacking in support as to be against
the clear weight of the evidence.” See Planned Parenthood Ass’n of
20231037-CA 17 2026 UT App 122
Watson v. Prestwich
Utah v. State, 2024 UT 28, ¶ 43, 554 P.3d 998 (cleaned up).
Prestwich’s clearly erratic behavior, unwillingness to abide by
court orders, refusal to cooperate in parenting Child, and display
of decisions and attitudes that caused Child distress certainly
provided support for the conclusion that Child was in danger and
in need of protection. Because Prestwich cannot show that the
district court abused its discretion in shifting custody to Watson,
this claim of error fails.
V. Child Support
¶33 Prestwich next asserts that the district court erred in
ordering child support without making the necessary findings of
fact, most specifically in imputing income to her without first
considering the required statutory factors. See Utah Code § 81-6-
203(6)(b).
¶34 While we agree that the district court’s factual findings are
sparse, Prestwich never brought this issue to the attention of the
district court. Moreover, as the court noted, the imputation of
income was “[b]ased on the lack of information” from Prestwich.
Thus, any error in the calculation of child support was the result
of Prestwich’s own reluctance to actively engage in the
proceedings and object to the court’s lack of factual findings or
consideration of the statutory factors. “Generally, a party cannot
raise an issue for the first time on appeal. Instead, the party must
preserve the issue for appeal by presenting it to the trial court in
such a way that the trial court has an opportunity to rule on that
issue.” LaChance v. Richman, 2011 UT App 40, ¶ 15, 248 P.3d 1020
(cleaned up); see also Davis v. Davis, 2011 UT App 311, ¶ 7, 263 P.3d
520 (“To preserve an issue for appellate review, a party must first
raise the issue in the trial court, giving that court an opportunity
to rule on the issue.” (cleaned up)). By not raising this issue with
the district court, Prestwich has failed to preserve it for review.
Accordingly, we decline to consider it.
20231037-CA 18 2026 UT App 122
Watson v. Prestwich
VI. Custody Determination
¶35 Prestwich next claims that the district court erred in failing
to make the necessary findings in the custody determination. “In
making custody determinations, a court must provide adequate
and detailed findings of fact.” Blocker v. Blocker, 2017 UT App 10,
¶ 15, 391 P.3d 1051. “The findings must be sufficiently detailed to
ensure that the trial court’s discretionary determination was
rationally based. Specificity of findings is particularly important
in custody determinations. This is so because the issues involved
are highly fact sensitive.” Sukin v. Sukin, 842 P.2d 922, 924 (Utah
Ct. App. 1992) (cleaned up); see also Twitchell v. Twitchell, 2022 UT
App 49, ¶ 21, 509 P.3d 806 (“A court’s factual findings are
adequate only if they are sufficiently detailed and include enough
subsidiary facts to disclose the steps by which the ultimate
conclusion on each factual issue was reached.” (cleaned up)).
¶36 As with her challenge to child support, Prestwich has not
preserved this issue. A party “waives any argument regarding
whether the district court’s findings of fact were sufficiently
detailed when the plaintiff fails to challenge the detail, or
adequacy, of the findings with the district court.” In re K.F., 2009
UT 4, ¶ 60, 201 P.3d 985 (cleaned up). A trial judge “has the
opportunity to address the sufficiency of the evidence to support
the findings in his or her judgment. But a trial judge does not have
the chance to address the adequacy of the findings themselves,
unless that issue is brought before him or her. Therefore,
requiring a party to object to the adequacy of the detail of the trial
court’s findings before appeal allows the trial judge to address
and correct, if necessary, the level of detail in his or her findings
before the case moves forward.” Id. ¶ 62; accord Danneman v.
Danneman, 2012 UT App 249, ¶ 14, 286 P.3d 309. Here, Prestwich
never challenged the sufficiency of the detail in the findings
before the district court, making the issue unpreserved for appeal.
Accordingly, we decline to address Prestwich’s challenge to the
level of detail of the district court’s findings regarding custody.
20231037-CA 19 2026 UT App 122
Watson v. Prestwich
CONCLUSION
¶37 The district court did not err in determining that Prestwich
was a vexatious litigant and in issuing related orders to show
cause. Nor did the district court grant Watson relief that he had
not requested in his petition for parentage. Prestwich has not
included a copy of the request for admissions made to Watson,
depriving us of the opportunity to determine whether the court
erred in refusing to deem those admissions admitted. The district
court did not abuse its discre