What Is an Emergency Motion to Restrict Parenting Time?
A parent has the right to file an emergency motion when they believe a child is in imminent danger due to the other parent’s actions. Evidence must demonstrate that a parent’s behaviors threaten a child’s physical and emotional well-being. Seeking experienced legal representation from an experienced Broomfield family law lawyer when filing an emergency motion to restrict parenting time in Colorado can help protect your child.
What Happens When I File an Emergency Motion to Restrict Parenting Time in Colorado?
A Colorado family court will restrict a parent’s unsupervised time with a child for 14 days after granting an emergency motion under C.R.S. §14-10-129. For this to occur, a parent must present proof of imminent danger to a child. The hearing should occur within 14 days. Any evidence of danger may also potentially impact child custody in Broomfield, Coloraodo.
A hearing allows each side to present evidence and testimony to argue or defend against the evidence. Parenting time may continue, but with restrictions, such as supervised visitation under a third party, if a court grants the motion.
Otherwise, parenting time will return to its original arrangement when evidence does not support a motion. The court may order payment of the defending parent’s legal fees and costs if filing an emergency motion to restrict parenting time occurs frivolously when grounds do not exist (C.R.S. §14-10-129(5)).
What Are the Legal Grounds for Filing an Emergency Motion to Restrict Parenting Time?
You must demonstrate a significant risk to your child before filing an emergency motion (JDF 1406). Grounds for filing a legal action may include the following behaviors by a co-parent:
- Neglect: Failing to meet a child’s needs, causing the potential for or actually harming a child when a disregard of factors like supervision, food, or medical attention occurs
- Physical abuse: Intentionally acting to harm or cause injury to a child. Evidence may include bruises, burns, broken bones, or other bodily trauma.
- Emotional abuse: Acting in a manner that stresses a child emotionally
- Criminal activity: Participating in illegal activity that may threaten a child
- Substance abuse: Using substances in a manner that prevents a parent from caring for a child or results in a child’s neglect
The Courts prioritize a child’s safety and emotional, physical, and mental well-being. Coercive control (C.R.S. §14-10-124(a) (I-XI)) by a parent will be accounted for when determining parenting time or granting a motion to restrict.
Actions a Family Court May Take After the Initial Hearing for an Emergency Motion Restricting Parenting?
The Court may order additional assessments to understand the request for restrictions on parenting time in Colorado better. How each parent responds to and cooperates with the court’s investigative procedures can impact their decision. The court may use:
- Home studies to assess a child’s living environment and stability under each parent’s care
- Psychological evaluations to determine the parents’ and the child’s emotional and mental stability
- The appointment of a guardian ad litem to offer neutral recommendations to the court based on their assessments of the child/parent relationship
Your child’s best interests should remain at the forefront throughout these processes. A collaborative approach with professionals strives to ensure a child’s safety.
How Do You File an Emergency Motion to Restrict Parenting Time In a Colorado Family Court?
Gather any documentation that supports the legal action. Evidence may include medical records, eyewitness statements, and photos or videos. Other evidence may apply to your case. Speak with a family law attorney in Colorado to prevent missteps when filing formal legal requests in a family court.