Colorado Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

2. 2

   Colorado routes for an emergency parenting request include a motion to restrict parenting time alleging imminent danger (C.R.S. 14-10-129(4)), temporary orders (C.R.S. 14-10-108) and a temporary civil protection order (C.R.S. 13-14-104.5).

3. 3

   The motion must allege that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent. Temporary orders under 14-10-108(2) may be requested as part of a motion for temporary orders or by an independent motion accompanied by an affidavit.

4. 4

   A motion alleging imminent danger shall be heard and ruled upon by the court not later than fourteen days after the day of filing. Any parenting time in that period must be supervised by an unrelated third party the court finds suitable or by a licensed mental health professional.

5. 5

   Notice: for a temporary civil protection order, the motion is set for hearing at the earliest possible time, and that hearing may be ex parte (13-14-104.5(4)). Ask the court clerk about notice for a 14-10-129(4) motion. The court decides whether to grant any order.

6. 6

   Temporary orders in a dissolution case end at the final decree unless continued for good cause (14-10-108(5)(c)). Temporary care and control awarded in a civil protection order lasts no more than one year after the award (13-14-103(1.5)(a)). If a 14-10-129(4) imminent danger motion is found substantially frivolous, groundless or vexatious, the moving party pays the other side's fees (14-10-129(5)).

7. 7

   Official forms exist for the protection order route (JDF 402 Verified Complaint/Motion, JDF 404 Affidavit Regarding Children). File the motion in the district court handling your case. A protection order may be filed in county or district court where acts occurred or a party lives or works. For abuse, ask the court about a protection order; for non-emergency changes, see the modifying-child-custody guide.

Colorado Requirements for Emergency Custody Motion

• Imminent danger allegation

  C.R.S. 14-10-129(4) requires the motion to allege that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent.

• Hearing within 14 days

  The court shall hear and rule on the motion not later than fourteen days after the day of filing (C.R.S. 14-10-129(4)).

• Supervised parenting time meanwhile

  Parenting time in the 14-day period must be supervised by an unrelated suitable third party or a licensed mental health professional (C.R.S. 14-10-129(4)).

• Affidavit for temporary orders

  Temporary orders under C.R.S. 14-10-108(2) are requested as part of a motion for temporary orders or by an independent motion accompanied by an affidavit.

• Civil protection order route

  A temporary civil protection order hearing may be ex parte and may award temporary care and control for up to one year (C.R.S. 13-14-104.5(4); 13-14-103(1.5)).

• Temporary emergency jurisdiction

  C.R.S. 14-13-204 applies when the child is present in Colorado and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

• Facts of the emergency

  State dates, places, people present and what happened or is threatened, in a sworn affidavit.

• Existing orders and cases

  List each parenting, protection order or dependency case. If you request a protection or restraining order, disclose any prior protection or restraining orders (C.R.S. 14-10-108(7); 13-14-104.5(6)).