Colorado Emergency Motion to Restrict Parenting Time
Our Attorneys Assist Parents with Emergency Motions to Restrict Parenting Time in Colorado
A Colorado emergency motion to restrict parenting time may be an option if you are concerned about your child’s physical or emotional safety. Our Colorado family lawyers file emergency motions on behalf of concerned parents statewide.
Parents who have concerns about their child’s physical health or concerns that their child is experiencing significant emotional harm have the right to seek protection in court. The Colorado courts take these situations very seriously, and there are special procedures for protecting children who are in imminent danger.
If you need help protecting your child, we strongly encourage you to contact us right away. One of our experienced family lawyers can promptly assess your situation, and we can file an emergency motion to restrict parenting time on your behalf if warranted, as well as discuss other options to ensure you are able to make the best choice for your particular circumstances.
Colorado Emergency Motion to Restrict Parenting Time: How the Process Works
Concerned parents can file emergency motions to restrict parenting time in limited circumstances. If you believe that your child is in physical danger, if you believe that your child’s other parent is harming your child’s emotional development, or if you have serious concerns for any other reason, our lawyers can seek a court order protecting your child on your behalf. Here is a brief overview of the process:
1. Filing the Motion in Court
The first step is to file your motion in court. Under Section 14-10-129(4) of the Colorado Revised Statutes, emergency motions to restrict parenting time are intended only for true emergencies where there is a good faith belief that the child is in imminent danger. If you have concerns but your child is not in immediate danger, you may need to pursue an alternative course of action instead.
Once you file an emergency motion to restrict parenting time, the court will schedule an emergency hearing within 14 days. During this fourteen-day period, your former spouse or partner’s parenting time will be supervised by an unrelated third party deemed suitable by the court, who may be a licensed mental health professional.
2. Preparing for the Emergency Hearing
After filing your motion, you will want to start preparing for your emergency hearing. To restrict your child’s other parent’s time going forward, you will need to be able to prove that ongoing restrictions are warranted. Our lawyers can work with you to document the risk your child is facing, and we can seek an order granting the specific protections your child needs.
3. Proving Imminent Physical or Emotional Danger
Both the moving party and the other party (the restricted parent) have the right to appear at the emergency hearing. The moving party must present credible evidence that restrictions are warranted, while the restricted parent can seek to avoid future restrictions by arguing that the child is not in imminent danger and/or that the motion is substantially frivolous, substantially vexatious, or substantially groundless.
If the court determines that a motion filed pursuant to Section 14-10-129(4) is justified, the court can impose ongoing or modified parenting time restrictions (including, but not limited to, supervision by a neutral third party, sobriety testing, therapy, etc.) on an ongoing basis. If your child’s parent violates the court-imposed restrictions put in place, this can significantly impair his or her custody rights.
FAQs: Filing an Emergency Motion to Restrict Parenting Time
What can I do if I am concerned that my child’s other parent is putting my child in danger?
If you have concerns about physical abuse, emotional abuse, domestic violence, or any other imminent threat to your child’s health or safety, you may be eligible to file an emergency motion to restrict parenting time in Colorado court. Filing a verified motion results in the imposition of immediate restrictions until the court schedules a hearing; and, if the court finds that your child is in danger, it can impose ongoing protections.
Is it possible to restrict parental contact after a separation or divorce under Colorado law?
It is possible to restrict parental contact after a separation or divorce in various circumstances. If your child is in immediate danger, you may be eligible to file an emergency motion to restrict parenting time. As discussed above, filing such a motion can trigger immediate protections while allowing you to seek additional protections for your child going forward.
When do the Colorado courts grant emergency motions to restrict parenting time?
The Colorado courts grant emergency motions to restrict parenting time when there is clear evidence of a threat of imminent physical or emotional danger to the child involved. If the court determines that your motion was not filed on valid legal grounds, it could order you to pay your former spouse or partner’s attorney fees—so it is critical to ensure that you make an informed decision about whether to take legal action.
Discuss Your Legal Options with an Experienced Colorado Family Lawyer in Confidence
For more information, contact us today. Call 303-593-1874 or contact us online to schedule a confidential consultation with an experienced Colorado family lawyer as soon as possible.