Emergency motion to restrict parenting time colorado

Parenting Time Restriction

An emergency motion, available from the Colorado Court system, must be filed with the court to initiate the parenting time restriction process. Once filed, it is usually heard within 24 hours. If the court grants the motion, parenting time will be restricted until there is a hearing and visitation will occur only with third-party supervision. At the expedited hearing, the court will decide whether to restrict the parenting time for a longer period, put fewer restrictions on that parent’s parenting time, or deny the motion.

The following events can lead to parenting time emergencies that support a motion to restrict parenting time:

• Drug use
• Alcohol use
• Child abuse
• Domestic violence
• Acute mental illness
• Medical or other neglect

Expedited Enforcement

Emergencies can arise when one party intends to leave the state with the children, or leaves with them, during the pendency of an allocation of parental responsibilities case. Remedies for expedited enforcement of custody orders issued from other jurisdictions or emergency action to prevent parental abduction are also available under federal law. Legal standards for relief are high in emergency actions so it is best to have the assistance of an attorney. Relevant and reliable evidence is key and an attorney can advise on what available evidence is relevant and reliable evidence. With emergency hearings, it is necessary to expedite:

• Subpoena issuance
• Evidence gathering
• Witnesses preparation

Child Endangerment Standard

The parent who is filing a motion for restriction of parenting time must establish that his or her child is in imminent emotional or physical danger when the child has contact with the other parent. The threat to the child must be imminent. A determination of “physical or emotional danger” is fact-specific. As with many family law matters, a court has a great deal of discretion in determining whether there is endangerment. There is a high bar to prevail on an endangerment matter because of the substantial consequences against the accused parent.

Is it time to turn change into opportunity? At Janko Family Law we know how to work with you to reach your transition goals. We are committed to pursuing settlement to preserve family relations to the maximum extent possible, however also zealously represent your interests in contested litigation if desired or necessary. Give us a call for a complimentary case assessment at 719-344-5523, or fill out our confidential online intake form.

"I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."

Mitchell
Review from AVVO

October 30, 2018 | Bill Henry

If you are concerned that your children are in imminent physical or emotional danger, you can file a Motion to Restrict Parenting Time or Parental Contact. Don’t hesitate to call Robinson & Henry for help; you can schedule an initial assessment by calling us at 303-688-0344.

Courts are required by law to rule on a Motion to Restrict within 14 days of filing. During the 14-day period, any Parenting Time will be supervised by an unrelated third party the court finds suitable or a licensed mental health professional.

A court may only restrict a party’s parenting time if the parenting time would “endanger the child’s physical health or significantly impair the child’s emotional development.” The court must specify on the record the factual findings supporting the restriction.

Both parents are initially entitled to parenting time with their children unless parenting time would “endanger the child’s physical health or significantly impair the child’s emotional development,” the same standard used to determine parenting-time restrictions. The court initially allocates parenting time based on the “best interests of the child.”

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