Revised 2/11/2003
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The following information is provided by Colorado Legal Services. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney.

Getting your Parenting Time
with your Children

The Situation
Your children are living with the other parent and there is a court order granting you parenting time. The other parent is not letting you see the children.

What You Can Do
One choice you have is to file a Verified Motion to Enforce Parenting Time. The court has several ways to enforce parenting time.

Sometimes the district court in your county will have a Pro Se office ('pro se' means self help, in that you are trying to represent yourself), a family court facilitator, or a clerk of the court who might be able to assist you in filling out forms and filing your case with the court. You can check to see if this help is available by going to 'Court Info' on this website, clicking on the district court for your county and calling the number provided for that court. The Colorado Judicial Branch (state court website) Self Help Center also has instructions for filling out and filing many of the forms.

When you fill out the Motion mentioned above, the information in the caption (the part at the top of the page where you fill in the name of the court, names of the parties, case number, etc.) should be the same as what is in your divorce or custody papers, such as your Permanent Orders. As you can see in the Motion, 'Verified' means signed under oath and notarized. You must sign this Motion in front of a notary public or the clerk of the court.

You will also need to file a written Notice to Set. This is necessary to set (help schedule) the matter for hearing. The clerk of the court can tell you what courtroom to set it in and what phone number to use. In the blank for the date to contact the clerk, fill in a date approximately one week after you will file this motion. The clerk of the court can help you fill in this form completely.

Mail one copy of each of these forms to the other side or, if they are represented, to their attorney. Sign the "Certificate of Service" to show that you have mailed it. File the original and one copy of the forms with the clerk of the court. Keep a copy for yourself. Please keep copies of everything you file with the clerk of the court for your own records.

On the date that you have filled in on the Notice to Set, call the clerk of the courtroom to which your case has been assigned. If the court has decided to set a hearing, the clerk will give you a date for a hearing at that time. This date must also be cleared with any attorneys in the case. Either you or the court must then mail a copy of the Notice of Hearing to the other parent.

When you go to court at the date set for hearing, you must be ready to prove that the other side has been denying you parenting time. Bring any necessary witnesses or documents with you. If the court finds that you have been denied parenting time, the Judge can take a number of actions, including giving you make-up time, or punishing the other side.

If you need advice on this or any other legal problem, contact an attorney of your own choosing. If you cannot afford an attorney, talk to Colorado Legal Services: 303-837-1321.

Reviewed 9/25/2002
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