I filed a Motion to Restrict Parenting Time because my 15 year old no longer wants to maintain contact with father. The motion was denied due to lack of supporting evidence and "heresay" statements from my child (although we requested the judge interview the child per C.R.S. 14-10-126). My child has been seeing the same counselor for years and has informed counselor that child no longer wishes to maintain contact due to father's consistent emotional "games". Child also informed me and counselor that father uses illegal substance and leaves his paraphernalia and substance out in the open. What, if anything, can I do to protect my child?
You could file a motion to modify parenting time. Sometimes when you ask for a lot you get nothing, but you could possibly cut way down on parenting time with a motion to modify. Call Chris Leroi here - he works in your area and has long experience.
You can reach Dave Rich at (303) 886-2516 or [email protected] Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
A motion to restrict parenting time requires evidence of an emergency situation that endangers the child. It sounds as if the problems that your son is facing are not sudden, but have been present for some time. You could file a request to modify parenting time to reduce the unhealthy contact and request that the court admonish the father for his behavior. Such a motion requires evidence that a change is in the best interests of the child. This is a lower standard than that necessary for an emergency motion to restrict parenting time.
You should consult with an experienced attorney to assist you.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
In answer to the first question, you need to provide the Respondent with a copy of the original motion and the order denying it. I can count on one hand the number of times I have received this from a pro se party whose motion has been denied so I suspect it's very rarely done, but technically you're supposed to.
In answer to the second question, this is a modification issue, not an emergency motion issue. You may call the therapist as a witness or have a neutral professional appointed such as a CFI, CLR or PRE.
You were required to send a copy of your motion to the other side at the same time as you filed it with the court. It is possible your motion was denied because you did not serve a copy on the other side.
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