Aurora, CO asked in Child Custody for Colorado

Q: Contacting co-parent's attorney?

I have filed a motion to change our parenting plan. My co-parent has hired an attorney and I am choosing to represent myself. He is refusing to communicate with me, and when he does it's very abusive so I have contacted his attorney. He is now saying that I am not allowed to do so or he will file a no contact order and demand that I pay all fees. It has been 6 weeks and the courts have not given me any kind of response at all, but some things are time sensitive (like making arrangements for exchanging the kids). Can I be forced to pay the fees or can he file a no-contact order?

The ONLY outstanding question I have right now is a list of mediators he is willing to work with, as he fired the one we had previously agreed to use.

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: There is a lot of bluster here. Yes, it is possible, under the right circumstances, to request and get a no contact order and have the other side pay the fees. HOWEVER, fee paying is rarely granted (in practice it is restricted to really bad acts by a party--say, daily death threats...).

As for the no contact order, there is a bit of an issue in requesting no contact. Officially, a party that is represented by an attorney cannot be contacted directly by the opposing party. If you had an attorney, there is no dispute that the attorney could not contact your ex directly.

The rules for spouses get complicated. You should not (and arguably cannot) contact your ex to negotiate any litigation matters (say choice of a mediator). In other words, for litigation matters you need to deal with the attorney. However, for matters that do not relate to litigation you should be able to communicate. For example, when exchanging the kids you can be in contact and communicate about non-litigation matters (e.g. calling to say you will be 10 minutes late).

The likelihood of successfully getting a no contact order is largely case specific. That is, the actions or the parties (facts of the case) and the judge largely define the overall success of a no contact request. However, the likely outcome for an unrepresented party that is not harassing or threatening the other party is a stern warning from the judge versus a formal order with attorney fees.

No comment can be made about the status of your case because an attorney would need to review the case file to see where you are in the litigation process. That said, review the court orders that you have; you should have some documentation with wording like "case management order" or "judge's order". If you cannot find these matters you can request copies from the Clerk's Office (there is a per page fee for requests).

For detailed and case specific advice you will need to contact an attorney directly. Expect to pay for the attorney's time.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: If he has an attorney and you do not, you are at a serious disadvantage, right out of the gate. If he is abusive when communicating with you there is nothing wrong with trying to communicate through his attorney. This is not basis for him to get a no-contact order for you trying to communicate with his attorney and he is trying to intimidate you. It is also unlikely that he would get attorney fees, though more information is needed to assess that further. You need to consult with an attorney to understand your rights and options and should consider hiring an attorney to represent you.

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