If your child is in imminent danger while with the other parent, Colorado law offers a powerful mechanism to intervene. You may file a motion to restrict parenting time, which is an emergency measure designed to prioritize a child’s safety. However, because this process can immediately halt a parent’s contact with their child, the courts hold these filings to a high standard.
The endangerment standard
You can file an emergency motion if you believe the child is in imminent danger. However, this involves meeting high standards.
If you want to restrict the other parent’s access to your child, you have to prove that the child’s current environment endangers their physical health or emotional development. Additionally, the benefit of the change outweighs the potential harm caused by uprooting the child.
Once you file a facially sufficient motion, the court must hold a hearing within 14 days. This quick turnaround ensures the child’s protection, but it also safeguards the other parent’s rights from unfair restrictions for long periods without evidence.
Why professional guidance is vital
While you want to keep your child safe, acting without caution can be risky. If a judge finds your motion was substantially frivolous or groundless, they will order you to pay the other party’s attorney fees.
Before taking action, seeking legal counsel is the best way to move forward. A family law attorney can help you gather the necessary evidence to meet the strict legal standards.