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Enforcing Parenting Time and Child Custody Orders in Colorado: Methods and Remedies Explained

  • Law Office of Joel M Pratt
  • Apr 1
  • 3 min read

When parenting time or child custody orders are not followed, it can create stress and uncertainty for families. In Colorado, the law provides ways to enforce these orders to protect the best interests of the child. Understanding the available methods and remedies helps parents navigate post-decree challenges with confidence and clarity.


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Understanding Parenting Time and Custody Orders in Colorado


Parenting time and child custody orders are legal decisions made during or after a divorce or separation. These orders specify when and how each parent spends time with their child and who makes important decisions about the child’s welfare. Once the court issues these orders, they become binding.


In Colorado family law, post-decree enforcement refers to actions taken after the original custody or parenting time order is in place. If one parent does not follow the order, the other parent can seek enforcement to ensure compliance.


Common Reasons for Enforcement Actions


Parents may need to enforce orders for several reasons, including:


  • One parent denies or limits the other’s parenting time without court approval.

  • A parent refuses to return the child at the end of parenting time.

  • One parent makes major decisions about the child without consulting the other.


These violations can harm the child’s stability and the relationship with the other parent. Colorado courts take enforcement seriously to maintain consistent parenting arrangements.


Methods to Enforce Parenting Time and Custody Orders


Colorado offers several practical methods to enforce parenting time and custody orders. These include:


  1. Mediation and Communication


Before turning to the courts, parents are encouraged to resolve disputes through mediation or direct communication. Many courts require mediation for post-decree conflicts. This approach can save time, reduce costs, and preserve cooperative parenting.


  1. Filing a Motion for Contempt


If informal efforts fail, the parent seeking enforcement can file a motion for contempt in the family court. Contempt means the other parent disobeyed a court order. The court can hold a hearing to review evidence and determine if contempt occurred.


If the court finds contempt, it may impose penalties such as fines or even jail time in extreme cases.


  1. Modification of Parenting Time or Custody


If enforcement issues persist, the court may consider modifying the existing order. For example, if one parent repeatedly denies parenting time, the court might adjust the schedule or custody arrangement to better serve the child’s needs.


  1. Use of a third-party professional


Parenting arbiters, parenting coordinator, or decision-makers can be hired to work in an ongoing way to enforce the parties' agreements.


  1. Contempt Remedies Specific to Colorado


Colorado family law provides specific remedies for contempt, including:


  • Makeup Parenting Time: The court can order the parent who missed parenting time to make it up.

  • Attorney’s Fees: The court may require the violating parent to pay the other parent’s legal costs.

  • Attendance at Counseling or Parenting Classes

  • Posting a Bond to Ensure Compliance


Practical Examples of Enforcement in Action


Consider a mother who has a court-ordered schedule giving the father every other weekend with their child. If the mother refuses to allow the father to see the child on his weekend, the father can file a motion. The court may order makeup parenting time and require the mother to pay the father’s attorney fees.


Steps to Take When Enforcement Is Needed


Parents facing enforcement issues should:


  • Keep detailed records of missed or denied parenting time, including dates, times, and communication.

  • Attempt to resolve disputes through respectful communication or mediation.

  • Consult a family law attorney experienced in Colorado post-decree matters.

  • File the appropriate motions with the court if informal efforts fail.

  • Attend all court hearings prepared with evidence and documentation.


Challenges and Considerations


Enforcing parenting time and custody orders can be emotionally difficult. The court focuses on the child’s best interests, so parents should avoid actions that escalate conflict.


Colorado family law encourages parents to work together whenever possible. Enforcement tools exist to protect children and ensure fairness, but cooperation remains the best path forward.


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Final Thoughts on Enforcement in Colorado


Enforcing parenting time and child custody orders in Colorado involves clear legal steps designed to protect children and uphold court decisions. Parents who face challenges should act promptly, document issues carefully, and seek legal advice to understand their options.


 
 
 

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