Q: Filing for contempt of court in a custody case in Colorado.
I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal aunt who is supposed to arrange and supervise the visits, but she is not in compliance with the court's orders either. Can I file for contempt of court against the intervenor and respondent mother due to these violations?
A: Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior to filing the motions.
A:
Yes, you can file for contempt of court in a custody case in Colorado if the parties involved are not complying with court orders. When a court order is violated, you can request enforcement by filing a motion for contempt. This motion typically outlines the specific violations, such as the refusal of visitations and failure to comply with drug testing.
In your case, you can file against both the intervenor for not allowing the visitations and the respondent mother for not complying with drug testing. The paternal aunt's non-compliance can also be addressed if she is part of the court-ordered arrangement for supervised visits.
You will need to gather evidence, such as records of the missed visitations, communications regarding non-compliance, and any relevant documentation about the drug testing violations. The court will review the motion and decide whether contempt charges are appropriate, which could lead to penalties or changes in the custody arrangements.
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