Any Colorado marriage that fails will have disputes. Some of them are minor and the couple can be amicable with one another. Others are contentious and children and other basic issues are the only reasons they have continued contact. Most generally fall somewhere in between. With family law and divorce, conflict can happen for a variety of reasons, but one of the most complicated and contentious is when there is a disagreement over parenting time. Understanding the law in these matters is helpful. Also important is having legal advice from a qualified family attorney.
The law states that when a parent has filed a motion over the other parent failing to follow the parenting time order, the court will decide within 35 days and subsequently respond to that motion. The court can do the following: deny the motion if the allegation is deemed as inadequate; schedule a hearing and inform the parents as to when it will be; order the parents to take part in mediation within 63 days and, if there is an agreement from the mediation, the court can approve it or it can schedule a hearing when there is no agreement.
If there is a hearing and the court determines that there was a lack of compliance with the parenting time, it will gauge the child’s best interests and give an order that might include: an order with more terms and conditions based on the prior order but a separation of child support and parenting time without them being connected as a conditional factor; the order can be modified to suit the child’s best interests; there can be an order for a bond to be posted to ensure there is compliance; or there can be an order that there be makeup parting time to catch up with what was lost.
Dealing with the other parent after a divorce and adhering to court orders regarding parenting time can be one of the most complex problems in a divorce. For a variety of reasons, some parents do not stick to the parenting agreement and have not discussed the matter with the other party, lead to rancor and dispute. When there is an order for parenting time, adhering to it or coming to some other arrangement after negotiation is useful. If this does not happen, it might be necessary to go to court. Regardless of the circumstances, having legal assistance from a law firm that helps clients with family law and divorce is essential.