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October 13, 2023

What can I do if the other parent violates the order?

If the other parent violates the order, you can file a motion for contempt. The judge can set the matter down for a hearing or order the parents to go to mediation and report back to the court. The judge can then approve an agreement reached by the parents or set the matter for hearing.1

Upon completing the hearing, if the judge finds that a parent has violated the court order, the judge should issue one or more of the following orders:

  • An order making additional terms and conditions that are consistent with the prior order;
  • An order modifying the previous order to meet the best interests of the child;
  • An order requiring either or both parent(s) to attend a parental education program to be paid for by the parent who violated the order;
  • An order requiring the parties to participate in family counseling to be paid for by the parent who violated the order;
  • An order requiring the parent who violated the order to post bond (place money with the court) to ensure that s/he will follow the order in the future;
  • An order requiring that makeup parenting time be provided to the parent who was denied time at a time that works for him/her;
  • An order finding the parent who did not comply with the parenting time schedule in contempt of court and imposing a fine or jail sentence and/or a civil fine of up to $100 per incident of denied parenting time;
  • An order scheduling a hearing for modification of the existing order concerning custody or the allocation of parental responsibilities; or
  • Any other order that may promote the best interests of the child or children involved.2

Also, if the judge determines that a parent did violate the order, s/he will have to pay the other party’s attorney’s fees, court costs, and expenses that are associated with bringing the contempt motion. If the parent accused of violating the order is found by the judge to have not violated the other, the parent who filed may have to pay the accused parent’s legal fees.3

1 C.R.S. § 14-10-129.5(1)
2 C.R.S. § 14-10-129.5(2)
3 C.R.S. § 14-10-129.5(4)