Motion to Restrict Parental Contact
Under Colorado Revised Statute §14-10-129(4), C.R.S., a parent can file a motion to restrict parenting time or parental contact based on imminent physical or emotional danger. Once the parent files the motion, the court will set a hearing within fourteen (14) days if the allegations are facially sufficient.
The automatic restriction on parenting time under section 14-10-129(4), C.R.S. is an extremely drastic procedure. These motions often present the opportunity for misuse through manipulation and or fabrication when one parent wants to punish the other instead of actually protecting the child. The family law attorneys at Sharon D. Liko, P.C., are experienced in fighting motions to restrict parental contact when filed by the mother. We mount an aggressive defense to protect the father against false or exaggerated accusations.
Motion to Restrict Parental Contact under Section 14–10–129(4)
The purpose behind Section 14–10–129(4) motions is to balance the need to protect children from “imminent physical or emotional danger” against the constitutional right of a parent to spend time with his or her child. The statute attempts to accomplish this goal by setting out a procedure for the court to intervene but also requiring the court to set the case for a prompt hearing and ruling.
Colorado Revised Statute section 14–10–129(4) provides:
A motion to restrict parenting time or parental contact with a parent which alleges that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent shall be heard and ruled upon by the court not later than fourteen days after the day of the filing of the motion. Any parenting time which occurs during such fourteen-day period after the filing of such a motion shall be supervised by an unrelated third party deemed suitable by the court or by a licensed mental health professional, as defined in section 14-10-127(1)(b).
Section 14–10–129(4), with its immediate and drastic results for children, parents and the implications for children, parents, and courts, is often the weapon of choice for a mother that wants to improperly use the courts to accomplish a personal vendetta against the father. Practicing attorneys are fully aware of the implications of such a motion and must be very careful when filing such motions. In many of these cases, the mother will be unable to find a private attorney willing to file such a motion and will file it without an attorney by appearing pro se.
In many of these cases, the most important way to prevent the mother from improperly using these motions is for the court to impose an attorney fees sanction that requires the mother to pay the father’s reasonable attorney fees. The court can award attorney fees when it concludes that the motion was substantially frivolous, groundless, or vexatious. § 14–10–129(5).
Facially Insufficient Motions to Restrict Parental Contact
Facially insufficient means that, after taking all the allegations in the verified motion as true, there is no set of facts or circumstances that could give rise to the conclusion that the children are in imminent danger of physical or emotional injury. If the allegations are not facially sufficient, then the motion will be denied by the court without a hearing.
Seasoned Attorneys for Motions to Restrict Parental Contact
If you are interested in filing a motion to modify or restrict parenting time, or if the mother of your child has filed such a motion, then contact a family law attorney at Sharon D. Liko, P.C., in Denver, Colorado. We represent men and fathers in a variety of family law matters including the motion to modify parenting time and child custody or restrict parental contact as set out in an existing court order throughout the State of Colorado. This drastic remedy is reserved for the most serious cases to protect the child from imminent physical and emotional danger.
In many of these cases, we defend the father against a frivolous, groundless or vexatious motion filed by the mother. In these cases, Colorado Revised Statute §14-10-129(4) allows the court to order that the mother pays the father’s reasonable attorney fees and costs. When the mother is forced to pay the father’s attorney fees, it may make the mother less likely to file frivolous, groundless or vexatious motions in the future. Call us today to schedule a consultation to discuss the facts of your case.
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