When the Other Parent Is Not Following the Parenting Order: A Colorado Enforcement Guide

byApril Jones Posted Family Law

What’s Inside

When the Other Parent Is Not Following the Parenting Order: A Colorado Enforcement Guide

You stuck to the parenting schedule. You communicated respectfully. You did not escalate when the other parent was late, changed plans last minute, or made a decision without consulting you. You told yourself it would balance out.

It did not balance out.

Now the pattern is established. Exchanges happen on the other parent’s terms. School decisions are being made without you. Summer is approaching and you do not have a clear plan for vacations or camps. The cooperation that was supposed to make this easier has become the reason nothing is being enforced.

If this sounds familiar, you are not alone, and you are not without options.

Colorado law provides specific tools for parents whose orders are not being followed. The earlier you understand those tools, the more leverage you have when the pattern starts to harm your relationship with your children.

Cooperation is a strength. But cooperation without enforcement is not a legal strategy.

Colorado has a specific statute for parenting time disputes. Under C.R.S. § 14-10-129.5, a parent may file a verified motion alleging that the other parent is not complying with the parenting time order or schedule.

This is different from a general motion or a custody modification. It is a specific procedural tool designed for one purpose: to address violations of the existing order.

Three things make 14-10-129.5 important.

First, the statute requires the court to act within 35 days of filing. The court must either deny the motion if the allegations are inadequate, set a hearing as expeditiously as possible, or require the parties to attend mediation.

Second, parenting time disputes filed under this statute receive priority on the court’s docket. In a system where many family law motions can wait months for a hearing, this matters.

Third, if the court finds a violation, the statute provides that the court shall award attorney fees or licensed legal paraprofessional fees, court costs, and expenses to the parent who brought the motion. “Shall” is mandatory language. Once the required statutory finding is made, the fee award is mandatory under the statute.

Those three features (a fast clock, priority docket, and mandatory fee shifting) are what make 14-10-129.5 a serious tool, not just a written request.

What Counts as a Violation

Not every disagreement is a violation. Parents may need to flex around weather, illness, traffic, work schedules, or emergencies. Reasonable accommodation is part of co-parenting.

A violation is different. A violation may be a single serious failure to follow the order, but most enforcement cases are stronger when they show a documented pattern of conduct the parenting order specifically addresses and the other parent is failing to follow.

Common examples include:

Withholding the children during your scheduled parenting time.

Refusing to return the children at the scheduled exchange time.

Failing to provide notice for travel or vacation when the order requires it.

Making major decisions about education, medical care, or activities without consulting you when the order requires joint decision-making.

Refusing to follow the order’s communication requirements.

Repeatedly canceling or being late for exchanges in a pattern that is not justified by circumstances.

Important to know: the safest rule is that only the written order is enforceable. Verbal parenting time agreements may explain context, but they should not be treated as a substitute for a written court order. If you and the other parent agreed to something different from the order, talk to an attorney about whether the order should be formally modified.

Step One: Document the Pattern Before You React

Before you file anything, document.

Save the texts and emails. Take screenshots. Write down the date and time of each incident, what the order required, and what actually happened. Note who was present. Keep the facts separate from the emotion.

If something happens in person, write a contemporaneous note: when, where, who, what was said, what was done. Send a follow-up email to the other parent summarizing what occurred, in factual terms. That email becomes part of the record.

What not to do: do not send angry messages. Do not threaten. Do not withhold the children in retaliation. Do not post about it online. Reacting from anger can damage your credibility before the case even reaches a hearing, and it can hand the other parent a counter-narrative.

The strongest enforcement case is built on a record that shows a pattern, not a single incident. Document long enough to show the pattern if circumstances permit. A documented pattern is harder to explain away than a one-time complaint. If the children’s safety, travel, withholding, or an imminent deadline is involved, talk to an attorney right away.

Colorado law gives you several tools, and they are not mutually exclusive.

Motion to Enforce Parenting Time under C.R.S. 14-10-129.5.

This is usually the first and most effective option. It is faster than other motions, it gets priority on the docket, and if you prevail, the court shall award attorney fees and costs. The remedies available are specifically designed for parenting time violations.

Motion for Contempt under C.R.C.P. 107.

Contempt is the broader tool. It can be used for any willful violation of a court order, not just parenting time. It carries more serious potential consequences, including fines and in extreme cases, jail time. Contempt is harder to prove and takes longer. It may be appropriate when the violation is severe, willful, and ongoing.

Motion to Modify the Parenting Order.

Sometimes the right answer is not to enforce the existing order but to change it. If the current order is not working, if circumstances have substantially changed, or if a different schedule would better serve the children, a modification motion may be the right path. Modification is a separate legal standard with separate requirements.

A consultation with an experienced family law attorney is the best way to determine which combination of tools fits your situation.

What the Court Can Order

Under C.R.S. 14-10-129.5, if the court finds a violation, it may order one or more of the following remedies in the best interests of the child:

Additional terms and conditions consistent with the existing order.

Modification of the previous order to better serve the child’s best interests.

Make-up parenting time. The make-up time should be similar in nature and duration to the time that was wrongfully denied. If you were denied a holiday, the make-up time should also be a holiday. If you were denied a weekend, the make-up should be a weekend.

Required parental education at the expense of the noncomplying parent.

Required family counseling at the expense of the noncomplying parent.

A bond or security to ensure future compliance, which the violating parent may forfeit if violations continue.

Attorney fees or licensed legal paraprofessional fees, court costs, and expenses. The statute uses the word “shall.” The court is required to award these to the prevailing parent if a violation is found.

One important note: the court cannot condition child support on parenting time. The two issues are legally separate. A parent who is behind on child support still has the right to court-ordered parenting time, and a parent who is being denied parenting time still has to pay child support. The statute specifically requires the court to keep these issues separate.

Why Summer Matters

Many parents discover their parenting plan is incomplete only when summer arrives.

School routines disappear. Vacation weeks need to be coordinated. Camps, travel, childcare, and family visits create scheduling conflicts the school year never tested. The plan that worked from September through May may have significant gaps from June through August.

If the parenting order does not address summer specifically, summer becomes the moment when one parent’s unilateral decisions create the first real violation. A trip booked without notice. A camp enrolled without consultation. A vacation that overlaps with the other parent’s scheduled time.

If your parenting plan is vague about summer, address it before summer starts. If the other parent is already making decisions that conflict with your time or your role as a decision-maker, do not wait until July to act. The court takes parenting time disputes seriously when raised, and the 35-day timeline starts when the motion is filed.

Common Myths About Enforcement in Colorado

Myth: If the other parent does not follow the order, the police will help.

Reality: Generally, no. Police treat parenting time disputes as civil matters absent imminent danger or criminal conduct like parental kidnapping. The remedy is in family court, not law enforcement.

Myth: I can stop paying child support if my parenting time is being denied.

Reality: No. Colorado law requires the court to separate child support from parenting time. Withholding support while you are also withholding compliance with your own obligations may damage your case and create separate legal exposure.

Myth: If we have a verbal agreement that is different from the order, the court will enforce the verbal agreement.

Reality: The safest rule is that the written order controls. Verbal agreements may provide context, but they should not be treated as a substitute for a formal written modification.

Myth: Filing a motion to enforce will hurt my relationship with the other parent.

Reality: The relationship is already strained, or you would not be considering the motion. Allowing violations to continue does not preserve the relationship. It establishes a new normal where the other parent learns that the order does not have to be followed.

Myth: A single missed exchange is enough for the court to act.

Reality: The court is looking for substantial or continuing noncompliance, not a one-time misunderstanding. Document the pattern. Build the record. A motion supported by multiple documented violations is far stronger than one based on a single incident.

Frequently Asked Questions

How long does a motion to enforce parenting time take in Colorado?

Faster than most family law motions. C.R.S. 14-10-129.5 requires the court to act within 35 days of filing, either by denying the motion, setting a hearing as expeditiously as possible, or ordering mediation. The statute gives these motions priority on the court’s docket, which means they are often heard faster than other motions in family court.

What happens if the court finds a violation?

The court may order one or more remedies including make-up parenting time, modification of the order, parental education or family counseling at the violating parent’s expense, a bond to ensure future compliance, and attorney fees and costs. The fee award is mandatory under the statute if a violation is found.

Do I have to attend mediation first?

Sometimes. The court has the option to require mediation under 14-10-129.5(1)(c). The parties have 63 days to report back on the results. If mediation does not resolve the issue, the court sets the matter for hearing.

Can I represent myself in a motion to enforce parenting time?

You can. Whether you should is a different question. Family court has procedural requirements, evidentiary rules, and tactical considerations that can affect the outcome. The cost of an attorney may be partially or fully recovered through the mandatory fee award if you prevail. Speak with an attorney before deciding to handle the matter on your own.

What if the violations have been going on for months or years?

You can still file. Colorado does not impose a strict deadline for filing a motion under 14-10-129.5. However, a long delay can affect how the court views the urgency of the issue and may create questions about why the motion was not brought sooner. If violations have been ongoing, document what you have and consult an attorney about how to frame the timeline.

What is the difference between a motion to enforce and a motion to modify?

A motion to enforce asks the court to require the other parent to follow the existing order and to impose consequences for past violations. A motion to modify asks the court to change the existing order because circumstances have substantially changed or the order is no longer in the child’s best interests. They are different legal standards. The right choice depends on whether you want the same order followed or a different order entered.

Can I file a motion to enforce if the other parent has the children and will not return them?

Yes, and you should act quickly. A motion to enforce is appropriate. In urgent circumstances involving the safety of the children, you may also have other options, including emergency motions. Talk to an attorney as soon as possible.

Will my children be involved in the enforcement process?

Usually not directly. Colorado family courts generally try to keep children out of the litigation process. The court may consider information from a Child and Family Investigator or other professional in some cases, but children are rarely asked to testify or take a side in a parenting time dispute.

What if I am the one being accused of not following the order?

You have the right to respond, present evidence, and defend against the allegations. Take the motion seriously. Document your side, preserve messages and exchange records, and get legal advice quickly. Depending on the facts and the way the motion is handled, attorney fees may become an issue.

What areas does Jones Law Firm serve in Colorado?

Jones Law Firm, PC represents clients throughout the Denver metro area and across Colorado, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Grand, Jefferson, Larimer, and Weld counties. We maintain offices in Greenwood Village, Denver, Aurora, Parker, Lakewood, and Westminster.

Take the First Step

If the other parent is not following the parenting order, the most important thing you can do is stop guessing and start documenting.

Cooperation is a strength. Enforcement is a right.

If you are not sure whether what is happening rises to the level of a violation, if you are not sure whether to file a motion to enforce or seek a modification, or if you have been the cooperative one for too long and it is not working, the right next step is information.

Schedule a consultation with Jones Law Firm, PC. We can review the parenting order, evaluate the pattern, identify the right legal tool, and help you understand what Colorado law provides in your specific circumstances.

We choose sides. Yours.