Denver, CO asked in Family Law for Colorado

Q: I need help getting mediation as he isnt following through on things such as letting me know who and where my daughter

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

A: It is not quite clear what you are asking here.

If your question is how to find a mediator, that is relatively simple. If you go onto the state judicial website,, pull up your county's court, then you can find the link to the Office of Dispute Resolution (ODR). There you will find the list of mediators who work with ODR. You can contact them to schedule mediation. Alternatively, if you google mediation and your area, you can find a list of mediators in addition to those who work with ODR. You can contact them and find out what dates and times they have available and proceed to schedule it with the other party.

If your question is about how to get the other party to go to mediation, you may need to file a motion with the court. If he is not following the parenting time orders, then a motion to enforce parenting time may be appropriate. The filing of that motion will almost certainly have the court issue an order to engage in alternative dispute resolution, most commonly viewed as a mediation order. Once that order has been issued, if your ex then does not cooperate with getting into mediation, that can be reported to the court. The court will then most likely set a hearing and, while the failure to mediate will not necessarily generate any punitive measures by the court, the judge will start with a position of wondering why this person didn't follow the order to mediate and it could color how they see things at the hearing.

It is also not clear what the scope of the noncompliance is. There is a limited expectation of letting the other parent know where the child is and who the child is with at all times. If your ex has someone watching the child full time while your ex is at work, that may be something that you may get some traction with in court. If your ex is going out a couple of times a week for a few hours and letting someone watch the child, that is far less likely to be something the court will be concerned about.

I strongly recommend that you speak with an experienced family law attorney about your situation before filing anything. You don't want to file a motion that the court will see as petty and not something the court can really take any action on. That starts to give you a bad reputation with the court, which is something you do not want. That can cause you trouble in the future. At the same time, if there are some egregious violations going on in the communication category, those should not be allowed to go unanswered either. An experienced family law attorney can help you go over the facts and decide how best to proceed in your case. Sometimes, even if the court can't really do anything about a situation, a well crafted letter can get some results.

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