Q: Can a change of Venue be requested when one party, with a joint decision making order, has moved to a different County?
Case is currently in Weld County and one Party moved to Grand County
A:
Yes, it is possible to change venue from the district court in Weld County to the district court in Grand County. You would file a motion under Colorado Rule of Civil Procedure 98(f)(2). That rule provides as follows:
C.R.C.P. 98(f): Causes of Change. The court may, on good cause shown, change the place of trial in the following cases: (1) When the county designated in the complaint is not the proper county; (2) When the convenience of witnesses and the ends of justice would be promoted by the change.
You may also ask the Court to change the venue if both parties agree to the change in venue. See C.R.C.P. 98(I).
Transferring venue to a different county or district is in the discretion of the court where the case is currently being heard. The court has the power to grant or deny the request. If the party who is remaining in the existing county or district opposes the change of venue to the new county or district, you need to be prepared to make a strong argument to the court why the convenience of the witnesses and/or the ends of justice would be served by the transfer of venue to the new county or district.
This argument should be a sincere one. If a party is trying to change venue simply because the party got an adverse ruling from the existing court, in the existing county or district, the court will recognize that and frown upon the motion to change venue.
I would need more facts about your case to understand why there has been a move by one party from Weld County to Grand County. Has a motion to relocate from Weld County to Grand County been filed and approved by the Court? If so, that is a good justification for a change of venue to Grand County. If a party has simply moved, with the child, to Grand County, WITHOUT getting court permission to do so, that is not good. The Court would see that as a unilateral move of the party with no motion to relocate filed and the motion to change venue as simply a way to "bless" the move that was done without court permission.
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