(1)Within thirty-five days
after the filing of a verified motion by either parent or upon the court's own motion
alleging that a parent is not complying with a parenting time order or schedule and
setting forth the possible sanctions that may be imposed by the court, the court
shall determine from the verified motion, and response to the motion, if any,
whether there has been or is likely to be substantial or continuing noncompliance
with the parenting time order or schedule and either:
(a)Deny the motion, if there is an inadequate allegation; or
(b)Set the matter for hearing with notice to the parents of the time and
place of the hearing as expeditiously as possible; or
(c)Require the parties to seek mediation and report back to the court on the
results of the mediation wit
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(1) Within thirty-five days
after the filing of a verified motion by either parent or upon the court's own motion
alleging that a parent is not complying with a parenting time order or schedule and
setting forth the possible sanctions that may be imposed by the court, the court
shall determine from the verified motion, and response to the motion, if any,
whether there has been or is likely to be substantial or continuing noncompliance
with the parenting time order or schedule and either:
(a) Deny the motion, if there is an inadequate allegation; or
(b) Set the matter for hearing with notice to the parents of the time and
place of the hearing as expeditiously as possible; or
(c) Require the parties to seek mediation and report back to the court on the
results of the mediation within sixty-three days. Mediation services shall be
provided in accordance with section 13-22-305, C.R.S. At the end of the mediation
period, the court may approve an agreement reached by the parents or shall set the
matter for hearing.
(2) After the hearing, if a court finds that a parent has not complied with the
parenting time order or schedule and has violated the court order, the court, in the
best interests of the child, shall issue an order that may include but not be limited
to one or more of the following orders:
(a) An order imposing additional terms and conditions that are consistent
with the court's previous order; except that the court shall separate the issues of
child support and parenting time and shall not condition child support upon
parenting time;
(b) An order modifying the previous order to meet the best interests of the
child;
(b.3) An order requiring either parent or both parents to attend a parental
education program as described in section 14-10-123.7, at the expense of the
noncomplying parent;
(b.7) An order requiring the parties to participate in family counseling
pursuant to section 13-22-313, C.R.S., at the expense of the noncomplying parent;
(c) An order requiring the violator to post bond or security to ensure future
compliance;
(d) An order requiring that makeup parenting time be provided for the
aggrieved parent or child under the following conditions:
(I) That such parenting time is of the same type and duration of parenting
time as that which was denied, including but not limited to parenting time during
weekends, on holidays, and on weekdays and during the summer;
(II) That such parenting time is made up within six months after the
noncompliance occurs, unless the period of time or holiday can not be made up
within six months in which case the parenting time shall be made up within one year
after the noncompliance occurs;
(III) That such parenting time takes place at the time and in the manner
chosen by the aggrieved parent if it is in the best interests of the child;
(e) 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;
(e.5) An order imposing on the noncomplying parent a civil fine not to exceed
one hundred dollars per incident of denied parenting time;
(f) An order scheduling a hearing for modification of the existing order
concerning custody or the allocation of parental responsibilities with respect to a
motion filed pursuant to section 14-10-131;
(g) (Deleted by amendment, L. 97, p. 970, � 1, effective August 6, 1997.)
(h) Any other order that may promote the best interests of the child or
children involved.
(3) Any civil fines collected as a result of an order entered pursuant to
paragraph (e.5) of subsection (2) of this section shall be transmitted to the state
treasurer, who shall credit the same to the dispute resolution fund created in
section 13-22-310, C.R.S.
(4) In addition to any other order entered pursuant to subsection (2) of this
section, the court shall order a parent who has failed to provide court-ordered
parenting time or to exercise court-ordered parenting time to pay to the aggrieved
party attorney fees or licensed legal paraprofessional fees, court costs, and
expenses that are associated with an action brought pursuant to this section. In the
event the parent responding to an action brought pursuant to this section is found
not to be in violation of the parenting time order or schedule, the court may order
the petitioning parent to pay the court costs, attorney fees or licensed legal
paraprofessional fees, and expenses incurred by the responding parent. This
section does not preclude a party's right to a separate and independent legal action
in tort.