How do you Enforce your current Parenting Plan?
The Court has broad powers to enforce court orders regarding child custody.
If the other party in your child custody matter is not complying with the Court’s Order regarding parenting time you may file a Verified Motion Asserting Non-Compliance. The Court will respond to the Motion and any response from the other side within 30 days. The Court will respond to the Motion by either denying it, setting the matter for hearing or requiring you to mediate the dispute and report back to the Court on the results of the mediation.
If you go to a hearing and the Court finds that a parent has not complied with the parenting time order, the Court will look to the best interests of the child in ordering relief. The Court will issue an Order that may include but not be limited the following:
- Additional terms and conditions on the prior custody order
- Modifying the previous Custody Order in the best interests of the child
- Adding a requirement for either parent or both parents to attend a parental education program at the expense of the non-compliant parent.
- Requiring the parties to participate in family counseling at the expense of the non-compliant parent.
- Requiring make-up parenting time for the aggrieved parent of the same type and duration as that which was denied within 6 months after non-compliance occurs or one year if it is a holiday that cannot be made up within 6 months. This make-up time should take place at the time and in the manner chosen by the aggrieved parent if in the best interests of the child.
- Finding the non-compliant parent in contempt of court and imposing a fine or jail sentence.
- Imposition of a civil fine not to exceed one hundred dollars per incident of denied parenting time
- Setting a hearing for modification of custody
- Any other order that may promote the best interests of the child.
If you would like to ask one of our attorneys a question about Enforcement of Child Custody or skip that step and come in for a consultation, we encourage you to do so. The longer you wait to speak to a Colorado family law attorney the higher your chances are of inadvertently giving up your legal rights.