Denver, CO asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado

Q: What do I do if my ex wife is filing for a CFI with no probable cause?

My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and I really do not want my kids put through more than they already have been just because shes angry. This all started because she was upset she couldn't take the kids to a friend's event on my day. We have already attended a 5 hour mediation where she backed out of all agreements last minute and switched lawyers in the midst of our case. The kids have since been put into therapy where it was my understanding a CFI would be at their therapists discretion. When the therapist found no reason, I am now receiving the threat to file from her new lawyer as her hopes got her nowhere.

3 Lawyer Answers
Douglas T. Cohen
Douglas T. Cohen
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • BOULDER, CO
  • Licensed in Colorado

A: Whether to appoint a CFI is up to the judge. You can file a response to the motion to appoint the CFI stating the reasons it is not appropriate. You should have a lawyer help you with this case.

Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Her attorney will have to file a motion for a CFI, which you will have the opportunity to respond to and state the reasons why you do not believe that one should be appointed. Judges sometimes do appoint CFIs in high conflict situations even if the parties to do agree that one is necessary.

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