Enforcing Parenting Time Orders

In divorce with children and child custody proceedings, experts agree that it is in the child's best interest to have access to both parents and that parenting schedules should be formulated to promote consistency and stability in the child's life.

Colorado statute recognizes this and directs courts to share parenting time with both parents as long as it is in the child's best interests.  As a parent, your time with your child is precious and following the schedule is important for you as well.

So, what happens if the other parent refuses to follow the schedule and impedes your parenting time? This is where speaking to a practiced family attorney can help.

Motion to Enforce Parenting Time

Colorado Revised Statute 14-10-129.5 allows you to file a Motion to Enforce Parenting Time, not only to enforce the parenting plan but also to reclaim the parenting time you have been denied.

After filing the motion, the court will either deny the motion on inadequate allegations, set a hearing on the motion with notice to both parents or require both parents to attend mediation. If the court decides to set a hearing, it will be given priority on their docket, meaning that your case may be heard as soon as they can place it on their docket.

If the court requires both parents to attend mediation, mediation services will be provided under C.R.S. 13-22-305. The court will either approve the agreement reached by both parents or will set the matter for a hearing if no agreements are reached.

After a hearing, if the court finds the other parent in non-compliance with the parenting time schedule, they may impose one or more of the following remedies:

• An order imposing additional terms and conditions consistent with the previous order, where child support shall not be conditioned upon parenting time.
• An order modifying the previous order to meet the child's best interests.
• An order requiring either parent or both parents to attend a parental education program at the expense of the non-complying parent.
• An order requiring the parties to participate in family counseling at the expense of the non-complying parent.
• An order requiring the non-complying parent to post bond or security to ensure future compliance.
• An order requiring make-up parenting time be provided to the aggrieved parent or child.

The court will also order the non-compliant parent to pay the legal fees associated with the Motion to Enforce Parenting Time Action.

How Attorneys at JBP Legal Can Help

If you are in a parenting time dispute, don't wait to file! Navigating the legal system can be intimidating, and it can be hard to know where to start. Here at Jorgensen, Brownell & Pepin, P.C., our team of experienced attorneys can help you get your parenting schedule back on track and reclaim your lost parenting time. Contact us today for assistance.