This is a divorce case where I pled guilty to violating a restriction in my parenting plan. The original order states that I must limit contact between my children and my best friend to incidental contact at public places. I pled guilty because I was allowing incidental contact at private places like large family gatherings. The judge ordered No Contact going forward, effectively changing the order as punishment for my violating it, and he also directed my best friend to move away from the children if he finds himself in their proximity. I did not think he could modify the order - oh well. My main issue is that I do not think he would have jurisdiction over my friend, who was not present at the hearing, and who was not present at the original hearing or the advisement hearing to defend himself.
Mr. Littman is correct. While more facts are needed to fully answer your question, it seems as if the Order was directed at what you are to ensure what contact doesn't occur between your children and your best friend. If that is the case, which seems congruent with what your original order was, the Judge or Magistrate most likely was within their bounds. If you had a Magistrate, your timeline to file a C.R.M. 7 (magistrate review) is 21 days. If you had a District Court Judge, your timeline to file a Rule 59 Motion (Motion to Reconsider) is 14 days. Either way I would suggest contacting a family law attorney to help with the process if you in fact decide to proceed.
The judge has no jurisdiction over your friend but has jurisdiction over you to order that you do certain things or that you avoid doing certain things. One of those things apparently is to avoid allowing your friend to be around your children. If the order really is directed to your best friend, then you are correct- the court lacks jurisdiction to make orders directly that person to do or not do anything.
The Judge doesn't have jurisdiction over your friend and you should contact an attorney to address this issue by a motion for modification.
My answer is based upon the limited facts or conditions stated in your question. There may be other facts or conditions that would affect or change my answer. Your question would be best answered after further consultation. The above answer doesn't establish a lawyer/client relationship and shouldn't be relied upon unless such a relationship is established after such consultation.
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