Parenting plans in Colorado can be enforced by several different means. One way of enforcing a parenting plan is through a contempt to the proceeding. In other words, there is a parenting plan that is in full force and effect. It’s become an order of the court. The other party is willfully failing to comply with that parenting plan. You can file a contempt to proceeding to hold the other party in contempt for violation of a court order. That’s one way of enforcing a parenting plan. Another way to enforce a parenting plan is to file a motion for enforcement of a parenting plan. Those motions do have priority on the court’s dockets. You can ask the court to go ahead and enter orders requiring the other party to comply with the parenting plan and enforcing sanctions for their failure to do so.
It’s important to figure out why the parenting plan isn’t being complied with by the other party? What’s really going on? Are there valid reasons why the other party isn’t complying with the parenting plan. If there’s a willful refusal to comply or a spiteful decision not to abide by the court orders, you can bring this to the attention of the court. What you would need to do is file a motion in your case in the county where your case originated from. You would go and file a post-decree motion for enforcement of the parenting plan. Maybe the parenting plan needs to be modified. You can consider filing a motion to modify the parenting plan as well. What often happens is a party will ask for a lot of parenting time and insist on that. Then when it really gets down to it, they don’t exercise their parenting time. Maybe it’s a situation where the parenting plan needs to be modified to reflect that you’re not exercising that parenting time that’s been awarded to you.
Your schedule, your life is such that you don’t want to have the kids that much. Then the parenting plan needs to be modified. Sometimes you can get local law enforcement involved. For example, if you were supposed to pick up the children at a specified time, in a specified location and the other party doesn’t bring the children, doesn’t deliver them. Sometimes it’s appropriate to call local law enforcement agency and ask that they accompany you to go get the children. Sometimes you have to get law enforcement involved. You have to consider other reasons why the parenting plan isn’t being complied with. Whether you need to file a formal motion and bring it to the court’s attention or whether the parenting plan needs to be modified. That’s something that we can advise you on regarding the best way to proceed and give you some practical advice regarding what you are going to do about your parenting plan. More importantly what’s in the best interest of the children.
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