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In Colorado, an emergency restrictions hearing can usually be scheduled within 24 hours of filing. During the hearing, the judge will decide whether to grant a temporary restriction. These restrictions can be imposed right away to temporarily change custody.
This is when the judge will determine the final division of marital assets and debt, the amount of a maintenance award (spousal support), and the allocation of parental responsibilities (child support, parenting time, and decision making).
Colorado law allows for a temporary orders hearing to establish or modify any issues that need to be addressed on a short term basis. Common issues to address on a temporary basis include: Parenting time and decision making. Child support.
Here's a step-by-step walkthrough: Download and complete the required forms. These are available online on the Colorado court website.File the completed forms with the court.Provide the other party with a copy of the motion by mail. Wait for further updates from the court on hearings or direct rulings.
Call Law Enforcement Often the police will enforce a court order on your behalf. However, before calling law enforcement, it's recommended that you call the other parent to let them know that they are violating a court order, and you will call the police if they do not provide the child immediately.
The Colorado Courts E-Filing system allows authorized users to file and serve documents electronically in the Colorado Courts.
Once the court grants temporary custody, the other parent will only be able to see the child under the supervision of a neutral third party, possibly a licensed mental health professional. After 14 days, the court will set the next hearing.
File a Motion & Affidavit for Citation for Contempt of Court (Form JDF 1816) signed in front of a notary public or court clerk. Complete an Order to Issue Citation and Citation to Show Cause (JDF 1817) Send or take the forms to the court in person.
During the hearing, the judge reviews all exhibits and testimony establishing the need for certain orders. Because temporary orders hearings are such a critical part of family law, it's in your best interest to seek legal advice from a qualified Colorado family law attorney.