Actions relating to the enforcement or modification of parental responsibilities are complex. Not only is there a complex array of legal options for handling post-decree matters, but there are also multifaceted emotional conflicts to navigate. The vast majority of post-decree legal disputes are emotionally charged and become exponentially more complex than the initial divorce or allocation of parental responsibilities action. Schedule your consult with Van Roekel Law Firm, LLC today to discuss your post-decree modification or enforcement of the Parenting Plan. 

Often, parenting issues are not properly litigated or addressed in the initial dissolution of marriage action, which gives rise to expensive post-decree custody battles. New conflicts also arise as the parties begin to form new families. The emotional landscape changes significantly, as new adults and loved ones are integrated into the children's lives and multiple households are forced to blend together.

Understanding the legal options for the most effective and cost-efficient action as well as acknowledging the emotional significance of this type of litigation are essential to a successful post-decree modification or enforcement case. In this blog series, we will outline methods of modification and enforcement and highlight one method each week.

1.         Enforcement of Prior Parenting Orders

At the outset of most post-decree matters, the relief that parties usual seek involves a hybrid between enforcement of the current parenting orders and modification of some aspects of the parenting plan to accommodate changes in the children's lives. When enforcement of the present parenting plan is the predominant relief, there are generally two options: motioning the court for citation of contempt and motioning the court for resolution of disputes concerning parenting time.

For this week's blog, we will begin examining ways to enforce a prior parenting order or Parenting Plan by using a contempt citation. Contempt citations are not always right for your legal situation, so check out next week's blog post to learn about Motions for the Resolution of Parenting Time Disputes!

A.         Contempt Actions

Colorado Rule of Civil Procedure 107 governs contempt matters and allows a party to request that the Court issue a citation to the other party to show cause as to why they should not be punished for the alleged indirect contempt. Indirect contempt essentially refers to actions contrary to a Court order that occur outside of the Court's direct supervision. Pursuant to C.R.C.P. 107, movants may request that the Court impose two types of sanctions – remedial sanctions or punitive sanctions. 

Although violations of a parenting plan fall under the category of indirect contempt, contempt motions are often inappropriate and entirely inadequate for addressing parenting disputes. Punitive sanctions for contempt are of a criminal nature and are intended to punish “by unconditional fine, fixed sentence of imprisonment, or both, for conduct that is found to be offensive to the authority and dignity of the court.” C.R.C.P. 107(a)(4); See In re the marriage of Cyr and Kay, 186 P.3d 88, 91-92 (Colo. App. 2008). Alternately, remedial sanctions are designed to compel compliance with a court order. Id. 

While many parties initially want to seek retribution and punishment for violations of court orders involving their children, punitive contempt actions require a high standard of proof (moving party must prove the contemnor's mental state of willful disobedience), and Courts are hesitate to apply these remedies in intricate actions involving children. Rather, contempt actions are more prudently recommended for clear-cut financial disputes.