By: Hannah Jannicelli, Esq.
Unfortunately many men walk into our office upset because their child’s Mother is refusing to let them exercise their Court ordered parenting time.
Even more discouraging, many of these men are already worn down by their initial custody dispute. And these men feel like they have no hope in ever achieving a stable parenting time schedule with their Ex.
The good news is that the hardest part is already over. The Court has already determined that parenting time with you is in the best interest of your child. Now all you need to do is enforce that order with the Court.
There are several ways to enforce your Court ordered parenting time with your child. For example:
Call the Police:
The Police will enforce a Court on your behalf. However, before you call the police, I first suggest calling your Ex to let her know that she is violating a Court Order, and that you will call the Police if she does not provide the child immediately. Second, if that does not work, call the Police during your parenting time, and tell the officer that it is your time with the child, and that their Mother is withholding the child. Make sure that you have a signed copy of the Court order with you to show the officer.
File a Contempt Motion:
Under C.R.C.P. Rule 107 you are entitled to file a Verified Motion for Contempt against your Ex with the Court. A benefit of filing for contempt is that you may request that the Court order the other party to pay your attorney fees and/or litigation costs incurred as a result of enforcing the Court order. Additionally, the Court may order sanctions against your Ex. Sanctions include harsh penalties such as jail time, or a significant fine.
File a Motion to Enforce:
Pursuant to C.R.S. 14-10-129.5 a party may file a motion to enforce against the other party in Court. A motion to enforce is an ideal option, because it is addressed quicker by the Court than filing for contempt. This is because the law states that a motion to enforce must be set for hearing as quickly as possible. Also as part of a Motion to Enforce, the Court may order the other party to pay your reasonable attorney fees and/or Court costs incurred as a result of enforcing the Court Order. Additionally the Court has other options, for example; the Court could order brand new orders that it finds in the best interest of the child, send the parties to mediation, or find that the withholding party is in contempt of Court.
At Jones Law Firm, P.C. we find that every case is different. If you’re a Father seeking to enforce parenting time, call the Jones Law Firm, P.C. to set up your free 30 minute initial consultation. The attorneys at Jones Law Firm, P.C. will work with you to help you determine what enforcement method is best for your case.