Why would a judge make a hearing for a contempt before a dispute if the dispute was filed first? I need the terminology used?

Asked almost 2 years ago - Denver, CO

I filed a dispute of parenting time Oct 3 2012. Oct 30 I filed contempt for not allowing visitation.. The judge set a hearing for the contempt before the disputed parenting time. I would like the dispute to have been herd first in order to alleviate the contempt. How to I dismiss the contempt and hope the judge will still go forward with the dispute of parenting time? What is the proper terminology the judge would recognized?

Additional information

Before any contempt was filed I filed a Dispute of parenting time. I believed the Dispute would have been called within three weeks as specified by rule. The matter was not brought up so I filed the contempt. The judge set a date for advisement not a hearing. The Judge asked if I was seeking Civil or Criminal Contempt. Unaware I requested both. The Judge set the criminal contempt court date fist and expressed the civil contempt would take place following. I am wanting to dismiss the criminal contempt but still go forward with the civil contempt. I would have preferred the Dispute Parenting time before the contempt. Mother is now following the rules after four missed visits. And does not feel I deserve the four visits. What are my options?

Attorney answers (3)

  1. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is unclear from your post whether the contempt hearing is an advisement or the actual hearing to address the contempt allegations. Can you clarify?

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Karl J Geil

    Contributor Level 18

    2

    Lawyers agree

    Answered . The judge is merely reacting to the several filings you initiated. Had I been representing you, assuming that this is a domestic relations case and not a Juvenile Court case, I would have suggested filing the motion concerning parenting time dispute pursuant to C.R.S. 14-10-129.5 and not filing a separate contempt, since finding someone in contempt is one of the many possible remedies of a motion filed pursuant to C.R.S. 14-10-129.5.

    What you might do, on the date of the contempt advisement, is tell your judge or magistrate that you now realize that a finding of contempt is a possible result of your parenting time dispute motion, and that you do not want to take up the court's time by having it hear what amounts to the same case twice. So, if the court agrees that finding the other party in contempt is one of the possible results of your parenting time dispute motion, you would like to dismiss the separate contempt motion and proceed with the parenting time dispute motion.

    www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice... more
  3. Stephen Clark Harkess

    Contributor Level 20

    1

    Lawyer agrees

    Answered . First, you need to recognize that the first retunr date on contempt is the advisement. It is not a hearing. Nothing will be decided on that date. The Defendant will be advised and a hearing will be set, usually several months further out.

    If you want to dismiss the contempt action, you simply need to file an unopposed motion to dismiss. I assume that the Defendant, when you ask them, will not oppose dismissal if that is your wish.

    As you are noticing, this process can be complex and confusing. If the matter is important to you, it would be a good idea to try to hire an experienced family law attorney to assist you.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more

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