How Does Colorado Enforce Parenting Plans?
Parenting plans in Colorado can be enforced in several different ways.
- The first way Colorado enforces parenting plans is through a contempt motion. Your Court approved parenting plan is a Court Order. Therefore, if the other party refuses to follow the parenting plan, you can file a contempt motion. You can ask the Court to find the other parent in contempt of court for violating the parenting agreement.
- The second way you can enforce your parenting plan is to call the police. For example, if the other parent does not let you have the children you may have to call the police to go with you to get the children. You will have to show the police a copy of your parenting plan. You can then decide to file a motion for contempt or to enforce your parental rights.
- A third way Colorado enforces parenting plans is by a motion filed with the Court. You will file your motion in the county where you got your court orders. The Court gives priority to motions for enforcement of a parenting plan and may order mediation. They also may order the other parent to comply with the parenting plan. The other parent may have sanctions ordered by the court as well as attorney fees.
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 is not following the agreement? Perhaps you should consider filing a motion to modify the parenting agreement. Often one parent will ask for a lot of parenting time. Later, that parent cannot have the children as much as they asked for. Maybe the parenting plan needs to be modified because a party can’t use their parenting time.
The family law attorneys at Lewis & Matthews can advise you about the best way to enforce your parenting plan as well as any other child custody issues. We can also discuss whether you should change your parenting plan. The most important thing is the best interests of your children.