Aurora, CO asked in Family Law and Child Custody for Colorado

Q: What form would i fill out to be brought infront of judge if custodian is being non complient with agreed parenting plan

A motion to. Or a jdf form? And if soo what should i put .. she refuses to allow me to have visitation time aswell as taking daughter out state with out consent

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1 Lawyer Answer

Brian J. Bagley

PREMIUM
Answered
  • Divorce Lawyer
  • Longmont, CO
  • Licensed in Colorado

A: When one parent is not complying with a Court-ordered parenting plan, it can be extremely frustrating to the compliant parent. Worse, one party’s non-compliance can have a detrimental, lasting impact on the children. Unfortunately, however, scenarios such as these are all too frequent in divorce actions; one – or both – parents begin involving the children as pawns in the continued disintegration of the relationship. My advice for any non-compliant parent? “STOP!” While you might feel angry, hurt, and betrayed, it’s no reason to punish your children for the perceived mistakes of your ex-spouse (or partner). And, although the relationship has come to an end, the responsibility to co-parent continues, not just until adulthood, but throughout the rest of your lives. Parents, even divorced parents, become grandparents, together. Children love both parents and need a mother and father who can put on their game faces and play nice at sporting events, graduations, holiday gatherings, etc. Being cordial (which includes complying with Court orders) will not only result in healthy children, but less attorney fees and stress.

Now, even though one might be using his or her best efforts to co-parent with the other parent for the “good of the children,” it’s also very common for one parent to ignore the needs of the children and fight with the other parent, even going so far as to alienate the children from the other parent through verbal disparagement or physical isolation, as is the implication in your question. In the event this occurs, the compliant parent has a few available options. For instance, a Motion to Enforce could be filed with the Court, requesting that the Court order the non-compliant parent to immediately comply.

In the event this does not work, or in the event a stronger message needs to be sent, the compliant parent can file a Contempt Motion, asking that the Court sanction and/or punish the non-compliant parent. In the event a party is found to be in contempt, a judge can order monetary fines, award attorney fees to the prevailing party, or even sentence a non-compliant party to jail.

Of course, it’s always best to use the assistance of an experience, qualified attorney when dealing with issues of non-compliance. Nevertheless, if absolutely necessary, forms for the aforementioned legal actions can be found on any District Court website under the heading “SELF HELP/FORMS.” See https://www.courts.state.co.us.

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