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.
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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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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.
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