To ask a Colorado court for an emergency restriction on the other parent’s time with your child, you file the Colorado emergency custody order form, JDF 1406 — Motion and Affidavit to Change/Restrict Parenting Time, in the district court that issued your existing custody order. Under C.R.S. § 14-10-129(4), once the motion is filed alleging imminent physical or emotional danger, the court must hold a hearing and rule within fourteen days, and any parenting time during that window has to be supervised.
When the Court Can Grant an Emergency Restriction
Colorado sets a high bar. Under C.R.S. § 14-10-129(1)(b)(I), a judge cannot restrict a parent’s time with a child unless the court finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development, and the order has to spell out the specific facts behind that finding. General complaints about the other parent’s lifestyle or parenting choices will not carry the motion.
Section 14-10-129(4) is the emergency track. If your motion alleges the child is in imminent physical or emotional danger from parenting time or contact with the other parent, the court must hear the motion and rule no later than fourteen days after you file. During those fourteen days, any parenting time that happens must be supervised by an unrelated third party the court approves or by a licensed mental health professional. This is not a full suspension of contact. The other parent can still see the child, but only with supervision.
Situations that typically clear the imminent-danger threshold include credible evidence of domestic violence, physical abuse or neglect of the child, active substance impairment while caring for the child, or a real risk the other parent will flee the state with the child. Disagreements over bedtimes, screen time, or general parenting style will not. Judges are looking for a present, concrete threat.
Forms to File With JDF 1406
The Colorado Judicial Branch publishes the forms as fillable PDFs at coloradojudicial.gov. You will usually file the motion together with a proposed order and a parenting plan.
- JDF 1406 — Motion and Affidavit to Change/Restrict Parenting Time. The core document, where you describe the emergency under oath and request supervised or restricted parenting time.
- JDF 1424 — Order Re: Modification/Restriction of Parenting Time. The proposed order for the judge. Fill in the caption (names, case number, court) and leave the findings and order sections blank.
- JDF 1113 — Parenting Plan. Your proposed schedule going forward. Mark whether it is a full or partial plan.
- JDF 1000 — Case Information Sheet. Required only if no custody order exists yet and you are opening a new case.
Filling Out JDF 1406
Begin with the case caption at the top. Enter the county, the full legal names of both parents, and the existing case number. If you are opening a new case, leave the case number blank and the clerk will assign one at filing.
The heart of the form is the section where you explain why the child is in imminent danger. Write a clear, chronological account of the specific incidents or pattern of behavior that prompted the filing. Include dates, times, locations, and the names of anyone who witnessed what happened. If police were called, include the report number. If the child was seen at a hospital or by a doctor, note that. A focused, factual narrative reads far more credibly than emotional generalizations.
Identify each child by name and date of birth. State clearly what you are asking the court to order: restriction of parenting time, supervised visitation, or both. Be specific.
Sign the form under oath. The signature line includes a verification that your statements are true under penalty of perjury. If the form calls for notarization, the court clerk can notarize it for free when you file. You do not need to find a separate notary.
Evidence to Gather Before the Hearing
The motion is your sworn statement, but the hearing within fourteen days is where the judge weighs actual evidence. Start collecting documentation before you file.
- Police reports from any incident involving the child or either parent.
- Medical records documenting injuries or concerns about the child’s wellbeing.
- Text messages, emails, voicemails, and social media posts showing threats, erratic behavior, or admissions. Save screenshots that include timestamps.
- Timestamped photos of injuries, unsafe living conditions, or other relevant evidence.
- School or daycare records noting behavioral changes, unexplained absences, or signs of neglect.
- Written statements from witnesses who directly observed the conduct at issue.
Organize everything chronologically. A single police report from the triggering incident often carries more weight with a judge than several pages of narrative. The court needs to see that the danger is real and present, not a list of grievances built up over years of co-parenting friction.
Where to File and What It Costs
File with the district court clerk in the county where the existing custody order was issued. If no prior order exists, file where you or the other parent lives and include JDF 1000 to open a new case. Colorado courts accept filings in person at the courthouse and through the state’s electronic filing system at jbits.courts.state.co.us/efiling. Submit everything together: JDF 1406, the proposed order (JDF 1424), the parenting plan (JDF 1113), and JDF 1000 if opening a new case.
The filing fee to modify or restrict parenting time in an existing case is $105, assessed when the motion is filed more than sixty days after the original order. Opening a new allocation of parental responsibilities case costs $252. If you cannot afford the fee, file JDF 205, the Motion to Waive Fees. You qualify if your household income falls below 125 percent of the federal poverty line or you receive certain public benefits such as SNAP, SSI, or TANF. For 2026, the income threshold for a household of four is $51,563 per year.
Serving the Other Parent
After filing, you must deliver copies of the motion and any temporary orders to the other parent. Service can be done by anyone at least eighteen years old who is not a party to the case, including a friend, a professional process server, or the county sheriff’s office. You cannot serve the papers yourself.
JDF 1406 includes a Certificate of Service section at the bottom. Fill this out to confirm the date and method of service, whether hand delivery, U.S. mail, e-filing, fax, or email. Serving the other parent promptly gives them time to prepare a response and gives the court confidence that the process was fair.
What Happens in the Fourteen Days After Filing
Once the clerk accepts the motion, the fourteen-day clock under C.R.S. § 14-10-129(4) starts. The court schedules an emergency hearing inside that window. In the meantime, any parenting time must be supervised by an unrelated third party the court finds suitable or by a licensed mental health professional. This supervision requirement is automatic under the statute. You do not need a separate order to trigger it.
At the hearing, both parents present evidence. You will need to show that the child faces genuine danger from unsupervised contact with the other parent. The other parent has the right to respond, present evidence, and cross-examine witnesses. Judges take these hearings seriously in both directions, because the restriction is a significant limitation on parental rights and an unsupported allegation can result in the motion being denied.
Emergency orders are temporary. After the hearing, the court may extend the restriction, modify the parenting schedule, order supervised visitation to continue, return to the original arrangement, or set the case for a full trial.
If Your Custody Order Came From Another State
If the child is in Colorado but the custody order came from another state, Colorado can still act in a genuine emergency. Under C.R.S. § 14-13-204, a Colorado court has temporary emergency jurisdiction when a child is present in the state and has been abandoned, or when emergency protection is needed because the child, a sibling, or a parent is being subjected to or threatened with mistreatment or abuse. Any Colorado order under this provision is temporary, and the court will coordinate with the child’s home state before anything longer-lasting can take its place.