Motion to Restrict Parenting Time in Colorado
In this short lesson on Divorce at Altitude, Ryan Kalamaya explains what happens when a parent believes a child is in imminent physical or emotional danger during the other parent’s parenting time.
Ryan breaks down what “endangerment” can look like (for example, a DUI with the child in the car, physical abuse, molestation, and certain forms of emotional abuse depending on the facts and the judge). He explains how courts often handle these filings quickly—sometimes through an on-call judge for urgent matters—and how the motion must be verified (signed under penalty of perjury). If the allegations support imminent danger, the court may order supervision right away and must then hold a hearing and rule within 14 days.
The episode also covers the practical reality of these hearings (often limited time, sometimes relaxed evidentiary rules depending on the judge) and the possible outcomes: denial (sometimes with attorney fees), reinstating unsupervised parenting time, continuing supervision, or crafting a tailored order. Ryan also highlights common safety tools—like alcohol or drug testing—when substance use is the driving concern, and warns that misuse of these motions can backfire, including potential attorney fee awards.
Episode Outline
What a Motion to Restrict Is
An emergency request to restrict unsupervised parenting time when a child is alleged to be in imminent danger.
The Legal Standard in Colorado
How C.R.S. § 14-10-129.4 triggers expedited court review and a required ruling within 14 days.
Examples of “Endangerment”
Common fact patterns (DUI with a child, physical/sexual abuse, and the gray area of emotional harm).
What Happens After Filing
Verified motions, how judges review allegations quickly, and why courts often use an on-call system for urgent matters.
The 14-Day Hearing
What these hearings typically look like (time limits, varying approaches to evidence) and what judges can order.
Possible Outcomes and Remedies
Denying the motion, continuing supervision, returning to unsupervised time, and using solutions like testing when substance use is the issue.
Risks of Misuse
Why filing without legitimate grounds can change the trajectory of a case and expose a party to attorney fees.
What is Divorce at Altitude?
Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.
To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.
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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.
