Emergency Restrictions of Parenting Time
Domestic case proceedings can be extremely frustrating when you learn that your case can only move as quickly as the Court can schedule hearings.
When you realize that temporary orders or final orders in your case can be set out as far as three to six months away, you might feel desperate especially if you’ve been in a situation that involves domestic violence or child abuse. Situations like these are urgent, don’t wait to take action.
If you or your children are involved in an abusive situation, you already know that a custody case or even a criminal case doesn’t magically stop the abuse just by virtue of the Court being involved. And if you know abuse is going on during the other parent’s parenting time, a temporary orders or final orders hearing can be too little, too late. That is where an Emergency Restriction of Parenting Time comes in.
Colorado’s state statute that governs all modifications of parenting time is C.R.S. § 14-10- 129. When it comes to the emergency restriction of parenting time, the Court will not restrict parenting time unless it finds that the parenting time would endanger the child’s health or significantly impair the child’s emotional development. This very specific wording both protects parents’ rights to their children and provides an avenue for those rights to be restricted but only if the Court determines it is necessary.
How Can I Restrict the Other Parent’s Time with my Children?
Any issue that you want to be heard in front of the Court must first be brought with a Motion.
Once you have filed an Emergency Motion to Restrict Parenting Time that alleges your child is in imminent physical or emotional danger, the Court must hear the motion and rule on it within 14 days.
At the Court’s hearing, you will have to present evidence that the children are in imminent physical or emotional danger. If the Court agrees that the children are in danger on the other parent’s parenting time, it will issue an Order that supersedes any current parenting time orders and restrict the other parent’s parenting time.
What Counts as Imminent physical or Emotional Danger?
The Colorado Supreme Court equates “imminent danger” with “imminent risk” as in, the chance of injury, damage, or loss.
“Imminent” is defined as “likely to happen without delay, impending, or threatening”.
Proof of imminent physical danger can come in many forms. You might have proof of recent injuries or threats to your child, or proof of your child being placed in dangerous situations where they could be seriously hurt. Imminent danger to your child’s emotional development is a little more difficult but not impossible to prove. A skilled attorney can always review your evidence and determine if it is sufficient to prove imminent danger in Court.
The Other Parent is Trying to Restrict My Parenting Time and I am Being Falsely Accused! How Can I Fight This?
It may not feel like it, but the Colorado state statute regarding modification of parenting time protects you as well.
Remember, the Court will not restrict your parenting time unless it finds that the children are in physical and emotional danger and you have the ability to present your evidence at the upcoming hearing. The best defense against false accusations is always the truth.
Once an emergency restriction matter is brought before the Court, the Court must have a hearing and issue orders within 14 days in Colorado. The Court wants to ensure it takes action as soon as possible if a child is really in danger. And if you wait to act, there is a risk that the Court might view your inaction as a point against your credibility.
Staring down your calendar at an approaching hearing with such high stakes can feel overwhelming. Representation by an attorney can give you the guidance you need to present your evidence and advocate for your children. Our attorneys have both pursued and defended against emergency restriction motions and bring the experience and tenacity you need to the table.
Give our office a call, or contact us through our website to set up a free consultation.
Moran, Allen, & Associates
719-447-1923
