What do I do if my Ex isn’t Following the Court Order regarding Parenting Time?
Even if the Court has entered orders about parenting time that you think are fair and in the best interests of your children, sometimes the other parent still doesn’t cooperate and follow the order. What remedies do you have?
First, sometimes it makes sense to call to the police and see if you can get their assistance. If your order is clear, the police will sometimes assist you in the matter. However, we have seen instances where law enforcement does not want to get involved in matters regarding parenting time and will not help a parent get his or her kid when the other parent is willfully disobeying the orders. Another consideration for the parent, do you even want the police involved, as your children will be exposed to something difficult to understand. This is a personal consideration for each parent to make, thinking about the age of the children and your particular circumstances.
In the event that you don’t want the police involved, or they refuse to help, your next step may be getting the court involved. If a parent is not following a court order regarding parenting time, you can file a contempt motion or a motion regarding parenting time disputes pursuant to §14-10-129.5 C.R.S. A motion regarding parenting time disputes is generally preferable to a contempt motion, because more remedies are available and, usually, you can get into court faster to get the matter resolved.
What happens when you file a motion regarding parenting time disputes? First, the court will either set a hearing or order mediation. If mediation is unsuccessful, a hearing can be scheduled.
If a hearing is scheduled, it is up to you to show the court that the other parent violated the order with evidence and testimony. You may need to bring exhibits and witnesses. It is best to be prepared for the hearing.
If the Court finds, after the hearing, that the other parent violated a parenting time order the following can be ordered as a remedy:
- An order imposing additional terms and conditions that are consistent with the previous order;
- An order modifying the previous order to meet the best interests of the child;
- An order requiring either parent or both parents to attend a parental education class at the expense of the non-complying parent;
- An order requiring the violator to post bond or security to ensure future compliance;
- An order requiring make up parenting time
- An order finding the parent who did not comply with the parenting time schedule in contempt of court and imposing a fine or jail sentence
- An order scheduling a hearing of modifying parenting time and/or decision-making
- Any other order the court thinks best for the children;
- The non-compliant parent pay the other parent’s attorney fees, court costs, and other costs
If you find yourself in a situation where you may need to bring a motion regarding parenting time disputes, please schedule a free consultation 720-773-2900.