A motion to restrict parenting time in Colorado is an emergency filing under C.R.S. § 14-10-129(4) that forces the court to hold a hearing within 14 days when a child faces imminent physical or emotional danger during the other parent’s custodial time. The moment you file, the statute automatically converts any parenting time that would occur before the hearing into supervised parenting time, with supervision by an unrelated third party approved by the court or a licensed mental health professional.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time It is a powerful tool, and a dangerous one if misused: the same statute requires the court to order you to pay the other parent’s attorney fees if it finds the motion was substantially frivolous or groundless.
When the Imminent Danger Standard Is Met
The emergency track under subsection (4) is narrower than general restriction law. You are not arguing that the other parent is a poor influence or that you disagree with their choices. You are telling the court that letting the current arrangement continue puts your child at risk of real harm right now. The word “imminent” is doing the work.
Facts that typically support this standard include substance abuse in the child’s presence, credible threats of abduction, physical abuse, or someone living in the household who poses a known danger to children. Vague concerns about parenting style, hygiene, or household rules will not get you there. Judges see restriction motions used as tactical weapons in custody disputes often enough that they read these filings skeptically.
There is a separate standard in subsection (1)(b)(I) governing non-emergency restrictions, which requires the court to find that parenting time would endanger the child’s physical health or significantly impair emotional development, backed by specific factual findings. A different procedure also exists under subsection (3) for parents convicted of specified violent or sexual offenses; that track uses its own 21- and 35-day deadlines and does not run on the 14-day emergency clock.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time
Forms, Fees, and Service
The primary form is JDF 1406, “Motion and Affidavit to Change/Restrict Parenting Time,” available through the Colorado Judicial Branch.2Colorado Judicial Branch. Motion to Change/Restrict Parenting Time You will also need JDF 1424 (proposed Order) and JDF 1113 (a Parenting Plan reflecting the changes you want).3Colorado Judicial Branch. Change Parenting Time
The motion is verified, which means you are swearing under penalty of perjury that every statement in it is true. Treat that seriously. A judge who later finds you made false statements has grounds to sanction you and will discount your credibility on every other issue in the case. Write with specifics: dates, locations, what happened, who was present. “I believe my child is in danger” is a conclusion. “On March 12, the other parent left our four-year-old unsupervised for six hours while intoxicated” is the kind of fact that moves a court.
File the paperwork with the clerk of the court that issued your original parenting time order or decree. The filing fee for a motion to modify a decree or final order is $105.4Colorado Judicial Branch. List of Fees If you cannot afford that, request a waiver using JDF 205.5Colorado Judicial Branch. Fee Waivers You then have to serve the other parent under the Colorado Rules of Civil Procedure, which generally means personal delivery by someone other than you, such as a process server or sheriff. Keep proof of service. Defective service can delay the hearing or get the motion dismissed.
What Happens During the 14-Day Wait
Filing the motion does not cut off the other parent’s time with the child. What it does is convert any parenting time that falls within the 14-day window into supervised time, and the supervisor must be an unrelated third party approved by the court or a licensed mental health professional.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time A friend or relative will not do. Many families end up using professional supervised visitation centers for this period. If the other parent arrives for a scheduled exchange and no approved supervisor is available, the visit does not happen.
The clock starts the day you file, not the day of the hearing. If you have the facts in hand, file promptly rather than waiting to polish the paperwork.
The Hearing and the Evidence You Bring
The court must hear and rule on the motion within 14 days of filing.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time The other parent can file a written response on or before the hearing date.6Colorado Judicial Branch. JDF 1406 – Motion and Affidavit to Change/Restrict Parenting Time Bring everything that supports your allegations: police reports, photographs, text messages, medical records, school records showing behavioral changes, and documentation of any prior incidents. Organize it chronologically and bring copies. A judge working on a two-week turnaround will not dig through a disorganized stack.
Expedited hearings rely heavily on written sworn statements. If a teacher noticed bruises, or a neighbor saw something concerning, their written affidavits carry weight at this stage. Live witness testimony is more typical later, if the case proceeds to a fuller hearing or trial.
What the Court Can Order
If your evidence shows the child’s physical health is endangered or emotional development significantly impaired, the court can continue the restrictions, limit the other parent to ongoing supervised visits, or suspend parenting time altogether. Whatever restriction it imposes has to be supported by specific factual findings.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time
If the court needs more information to rule confidently, it can appoint a Child and Family Investigator (CFI) or a Parental Responsibility Evaluator (PRE) to assess the family and make recommendations.7Colorado Judicial Branch. Parental Responsibility Evaluators These appointments cost money. CFI fees are capped at $3,250, though the court can authorize more for testimony and discovery; PRE evaluations have no cap and vary with case complexity.8Colorado Judicial Branch. Options for Court Appointed Parenting Professionals Costs are usually split between the parents, with the allocation adjusted for ability to pay.
The court can also deny the motion outright. A denial does more than restore the prior schedule. It can hurt your position in the broader custody case if the judge concludes you were trying to manipulate the process rather than protect the child.
What Happens If the Motion Is Frivolous
Colorado law treats false or exaggerated restriction motions as a serious problem. If the court finds that a subsection (4) motion was substantially frivolous, substantially groundless, or substantially vexatious, it must order the filing parent to pay the other side’s reasonable attorney fees and costs.1Justia Law. Colorado Code 14-10-129 – Modification of Parenting Time The statute uses “shall.” Once the court makes that finding, the fee award is mandatory.
The money is only part of it. A judge who concludes you cried wolf will remember that in every subsequent hearing on custody, decision-making, and parenting time. If you are unsure whether your situation truly meets the imminent-danger standard, talk to a family law attorney before filing.
If You’ve Been Served With One
If you are the parent on the receiving end, you can file a written response using JDF 1315 any time up to the hearing.3Colorado Judicial Branch. Change Parenting Time Address each factual allegation directly. Claims you ignore can be treated as uncontested.
Pull together evidence that counters the narrative: records placing you elsewhere when something allegedly happened, text messages or emails that contradict the account, people who can speak to the child’s well-being in your care. If you believe the motion was filed in bad faith, say so and request fees under subsection (5). And during the 14-day wait, comply with the supervision requirement even if you think the motion is baseless. Breaking it hands the other parent fresh ammunition and tells the judge you do not take court orders seriously.