This information serves as a guide for those looking to file a motion concerning parenting time disputes. Before initiating this process, it is crucial to have an existing court order that outlines the parenting time schedule. This proves that one parent is not adhering to the established plan. In many cases, mediation may be required to address the issues before heading to court.
The court holds the authority to impose sanctions on the non-compliant party, which could include civil fines, jail sentences, or requirements to make up missed parenting time. Review Colorado Revised Statute §14-10-129.5 for deeper insights.
Step 1: Complete Initial Forms
Your first task is to determine your title in the original case as either the Petitioner or the Co-Petitioner/Respondent. Make sure to complete all forms accurately, including the caption area. Retain copies for your records and for the other party.
Step 2: Submit Your Documents to the Court
Gather all necessary forms, including the Verified Motion and the Order, and submit them to the court. Ensure that any required signatures are obtained before submission.
Step 3: Provide a Copy to the Other Party
It is essential to give a copy of the motion to all parties involved. This includes completing the Certificate of Service to inform the court of when and how you shared these documents.
Step 4: Court Review of Motion
Once filed, the court will review the motion and may issue an order or schedule a hearing. Be prepared to understand and respond to any court instructions or orders issued.
To complete the process, you may require the following documents:
- Verified Motion Concerning Parenting Time Disputes (JDF 1418)
- Order Re: Parenting Time (JDF 1419)
- A copy of the current parenting time order or schedule
- Any evidence supporting the claim of non-compliance
Make sure to have extra copies of all documents for court records and for the other party involved.
Filing a motion can be complex, and it is easy to make mistakes. Here are common errors to avoid:
- Failing to include necessary signatures.
- Not providing enough copies of the documents.
- Overlooking deadlines for filing or serving documents.
- Neglecting to keep records of communication with the court and other parties.
Being aware of these pitfalls can help streamline the filing process.
During the court proceedings, you should be prepared for the following:
- A review of all filed documents by the judge or magistrate.
- The possibility of mediation being suggested to resolve the matter.
- The opportunity to present your case, should a hearing be scheduled.
Make sure to fully understand the court's decisions and follow through with any requirements set forth in the order.
The greater the number of documents you need to prepare, the more anxious you become.
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