Parenting time or visitation orders entered by the Court can be enforced through proceedings under C.R.S. § 14-10-129.5. The advantages of seeking enforcement through this statutory provision are not only that the person violating the parenting time order may be held in contempt, but the Court can also make changes to the parenting time orders to promote compliance in the future.
Remedies the Court may implement against the parent who did not comply with parenting time orders include:
- Civil fines of up to $100 for each denied visit
- Makeup parenting time
- Modification of the parenting time orders
- Require the posting of a bond to ensure future compliance
- Family counseling at the expense of the violator
- Contempt of court
- Award of attorneys fees, court costs and other expenses related to the proceeding
The statute expressly provides that the enforcement provisions do not preclude the aggrieved parent from bringing a separate and independent action in tort.
The statute does provide a penalty, however, if the parent filing the motion to enforce does not prove that the other parent denied parenting time: an award of attorneys fees, court costs and other expenses related to the matter in favor of the parent wrongfully accused.
The information provided above is general in nature, is not intended as legal advice for your particular situation and should not be relied upon without first consulting with legal counsel. Martin Law Firm provides legal representation in parenting time enforcement matters in the Denver, Colorado, metro area and will tailor its services to your particular needs and unique circumstances.