I believe my child’s other parent is an immediate danger to my child. What can I do?

You can request that the court restrict that parents parenting time under C.R.S. 14-10-129(4). To make such a request you must file a motion alleging a child would be in imminent physical or emotional danger if the parent were allowed to exercise their parenting time. Upon the adequate allegation in your motion, the court will immediately restrict parenting time, to supervised parenting time, until it can hold a hearing on the motion, which must be conducted within 14 days.  At that time the court will require evidence that supports the allegations in the motion.

Remember that parenting-time is the right of both the parent and the child, so it is a very serious matter to restrict someone’s parenting time and courts do not take this decision lightly. Also if you are found to have filed such a motion frivolously, without grounds, the court can order attorney’s fees or even restrict your parenting time as a result. Thus, while urgent action is often required in these situations, it is a good idea to consult an attorney if possible, before filing a motion to restrict parenting time.

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