Co-Parent is Withholding Parenting Time — What Are My Rights?

As many parents unfortunately become aware, dealing with a co-parent can often become difficult.

Even when the Courts issue an Order of exactly what a parenting schedule is to look like, one parent decides to unilaterally stop following that Court Order. 

As many parents then find out, returning to the parenting plan, or obtaining makeup time, then becomes difficult every day.

Many times, the police refuse to become involved, as they are likely to state that this is “a civil issue” and proceed through the court systems to obtain resolution. By that time, it could be months before a resolution is actually reached. 

At Griffiths Law, PC, we often receive consultations of individuals asking, “What are my rights? How can I have my child(ren) returned to me, and what are my options?”

While there is not one specific avenue that must be explored, the best option in this instance is to file a Motion Concerning Parenting Time Disputes. 

Specifically, Colorado Revised Statues allows for a parent to file a Motion pursuant to C.R.S. 14-10-129.5. 

Throughout the motion, remember to explain how long your co-parent has been withholding, why this will continue without court intervention, and the relief that you are requesting. 

While many parents become worried about the costs associated with hiring an attorney to represent you throughout such legal proceedings, Colorado Courts have been proactive to ensure that this issue is covered.

If there is a parent who has been found to have failed to provide court-ordered parenting time, that parent shall pay to the aggrieved party the attorney’s fees, court costs, and expenses that are associated with an action brought under C.R.S. 14-10-129.5.

The word “shall” is an important term in the legal community, as this word forces the court to issue attorney’s fees if they find that one of the parties did not provide court-ordered parenting time.

Legislature could have made this word “may” which would allow for the court detailing with such a motion to determine if this is an appropriate award. They chose to intentionally use shall instead, which is an important distinction.

In addition to fees, costs, and expenses associated with the withholding of parenting time, the additional relief that can be provided under a 14-10-129.5 Motion includes, but is not limited to:

1. A modification to the parenting plan.
2. The issuance of a bond by the parent refusing time.
3. Makeup time to the parent who missed parenting time.
4. Imposing that the non-complying parent to be found in contempt and imposing a fine or jail sentence.

These are just a few of the options that the court can issue against the noncomplying parent. For more information about family law matters or to schedule a consultation, contact the Colorado divorce attorneys at Griffiths Law.

Robert Perrone is a Senior Associate at Griffiths Law. Robert is an experienced attorney with an accomplished track record for winning complex family and civil litigation.