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

Q: Can my ex refuse to allow me to pick upour kids at the time that's stated in our parenting plan?

We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is not true and also alleging that my boyfriend has threatened the children which is not true he is requesting that I get a restraining order in place against my boyfriend when he has one place against him already and if I do not I will not get my children as per the parenting plan today there has not been anything granted by the judge as of yet we have not even have our hearing I have not filed my response yet and he filed on January 20th

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1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Divorce Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear those within 14 days of filing. You should contact the court and make sure there is not a hearing date set.

That said, if he filed it as a parenting time dispute and asked that your time be restricted, that is a different matter. That does not come with any automatic suspension of your parenting time and will not get a hearing until there has been time for you to answer and you will very likely have to go to mediation before getting a hearing dated depending on the county your case is in.

Knowing which manner he filed in changes the answer dramatically. You need to review the paperwork carefully. If he filed it as a motion to restrict on the proper form, there is language there that explains that your parenting time is automatically suspended for 14 days unless you arrange professionally supervised time during that period.

As far as the ultimate issue of whether he can force you to take certain actions against your boyfriend in order to keep being able to see your child, he can't, but he may be able to get the judge to agree with him that your boyfriend is creating a dangerous situation for your child. If the judge agrees with him, then the judge can enter orders that your child is not to be around your boyfriend, and may include things like requiring that your boyfriend not be there when you have your parenting time, or even that your parenting time not occur at home so that the child will have no contact with your boyfriend.

In order to get that kind of orders, he needs to have sufficient evidence to persuade the judge that your boyfriend is a danger. If there is a police report saying that your boyfriend engaged in breaking and entering your home, that will be helpful to him. If he has proof that your boyfriend threatened the children, that will be helpful to him. On the other hand, if the police report says something like a neighbor called it in thinking it was breaking and entering and really they got there and found out he forgot his keys and you had no concerns about him being there or how he came in, that is more helpful to you to show that your ex is blowing things out of proportion. If you have proof that shows his allegations are not true, you definitely want to get that gathered up and ready for the day you do have a hearing.

An experienced family law attorney could go over his filing with you and help you to know whether he filed in the way that creates the automatic suspension or not, as well as help you prepare your case to show that these allegations are not true.

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