Q: My ex-wife is refusing to let me have the kids on our court ordered time for this Christmas. What are my options?
We have a parenting agreement that has been in place since 2012. I am supposed to have the kids from the Dec 26th until the Sunday night before they head back to school. The children are 16 and 17. I have been emailing her about my plans when she told me that there is no way the children are coming over to see me. Is there anything I can do with such a short notice?
A: Though Christmas has passed, there are still things you can do, including filing a motion to enforce parenting time pursuant to CRS 14-10-129.5. If the court finds that she violated the orders you could be awarded make up time and attorney fees. There ages are somewhat problematic in that some courts might give her a pass, or partial pass, if she can prove the kids refused to go. You should consult with a family law attorney to discuss your case and options.
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