1.              Enforcement of Prior Parenting Orders

Parents are often faced with numerous challenges and frustrations when enforcing the Parenting Plan that was previously agreed-upon and/or ordered by the Court.  When seeking to enforce a current parenting plan, 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 post, we will look at ways to enforce a prior parenting order or Parenting Plan by using a Motion for Resolution of Disputes Concerning Parenting Time.

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. Schedule your consult with Van Roekel Law Firm, LLC today to discuss your post-decree modification or enforcement of the Parenting Plan. 

A.                         Contempt Actions.

          In our March 26, 2024 Blog post, we examine ways to enforce a prior parenting order or Parenting Plan by using a contempt citation.  It is important to utilize the enforcement method best suited to your case. Check out our additional blog posts in this series to learn more about different enforcement methods in Colorado and schedule your consult today! 

B.             C.R.S. § 14-10-129.5 Actions for the Resolution of Parenting Time Disputes

In contrast with contempt actions, motions for the resolution of disputes concerning parenting time pursuant to Colorado Revised Statutes § 14-10-129.5 offer a more nuanced approach to parenting disputes and give the Court a wide array of potential remedies that may be customized to the needs of the individual family. Within thirty-five days after a party has filed a motion alleging that a parent is not complying with a parenting time order or schedule and requesting specific sanctions that may be imposed by the Court under C.R.S. § 14-10-129.5(2), the Court will determine from the pleadings if, in fact, there has been or there is likely to be substantial and/or continued noncompliance with a parenting order. At that time, the Court will generally set the matter for a hearing and require that the parties attend mediation prior to the hearing, as set forth by C.R.S. § 14-10-129.5. This somewhat expedited timeline built into the statute is yet another benefit.

Once the Court hears the matter and finds that a parent has violated a Court order by failing to comply with the parenting plan or schedule, C.R.S. § 14-10-129.5 authorizes the Court to enter a variety of orders in the best interests of the child. Although the statute offers ten different forms of relief available to an aggrieved party, the Court is not limited by these options but may enter any other orders that may promote the best interests of the children involved pursuant to C.R.S. § 14-10-129.5(2)(h).

The flexible nature of relief available to the parties and the Court under this statute is both remarkable and essential in resolving complex disputes among dynamic families. Not only may parties request additional terms or conditions that are consistent with previous court orders, parties may specifically request any combination of the following:  modification of previous orders to meet the best interests of the child; an order requiring either parent or both parties to attend a parenting education program (at the expense of the noncomplying parent); an order requiring the parties to participate in family counseling (at the expense of the noncomplying parent); an order requiring the violator to post bond or security to insure future compliance; an order requiring makeup parenting time of the same type and duration for the aggrieved party under additional conditions; an order find the non-complying parent in contempt of court and thereby imposing a fine or jail sentence; and an order setting a hearing of the modification of the existing order concerning custody or allocation of decision-making responsibilities. The variety of relief offered pursuant to C.R.S. § 14-10-129.5(2)(a) through (h) allows the parties and the Court flexibility and customizable relief that is often lacking from other post-decree enforcement options.

A Motion for Resolution of Disputes Concerning Parenting Time may not always be the right fit for your legal situation, so reach out today to schedule your free consultation with Van Roekel Law Firm!