C.R.S. Section 14-10-124.5
Disputes concerning grandparent or great-grandparent family time

(1)

Upon a verified motion by a grandparent or great-grandparent who has been granted grandparent or great-grandparent family time or upon the court’s own motion alleging that the person with legal custody or parental responsibilities of the child as determined by a court pursuant to this article 10 with whom grandparent family time has been granted is not complying with a grandparent or great-grandparent family time order or schedule, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be a substantial and continuing noncompliance with the grandparent or great-grandparent family 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 grandparent or great-grandparent and the person with legal custody or parental responsibilities of the child as determined by the court of the time and place of the hearing; or

(c)

Require said parties to seek mediation and report back to the court on the results of the mediation within sixty days. Mediation services must be provided in accordance with section 13-22-305. At the end of the mediation period, the court may approve an agreement reached by the parties or shall set the matter for hearing.

(2)

After the hearing, if a court finds that the person with legal custody or parental responsibilities of the child as determined by the court has not complied with the grandparent or great-grandparent family time order or schedule and has violated the court order, the court, in the best interests of the child, may issue orders which may include but need not be limited to:

(a)

Imposing additional terms and conditions which are consistent with the court’s previous order;

(b)

Modifying the previous order to meet the best interests of the child;

(c)

Requiring the violator to post bond or security to insure future compliance;

(d)

Requiring that makeup grandparent or great-grandparent family time be provided for the aggrieved grandparent or great-grandparent and child under the following conditions:

(I)

That such grandparent or great-grandparent family time is of the same type and duration of grandparent or great-grandparent family time as that which was denied, including but not limited to grandparent or great-grandparent family time during weekends, on holidays, and on weekdays and during the summer;

(II)

That such grandparent or great-grandparent family time is made up within one year after the noncompliance occurs; or

(III)

That such grandparent or great-grandparent family time is in the manner chosen by the aggrieved grandparent or great-grandparent if it is in the best interests of the child;

(e)

Finding the person who did not comply with the grandparent or great-grandparent family time schedule in contempt of court and imposing a fine or jail sentence; and

(f)

Awarding to the aggrieved party, when appropriate, actual expenses, including attorney fees, court costs, and expenses incurred by a grandparent or great-grandparent because of the other person’s failure to provide or exercise court-ordered grandparent or great-grandparent family time. Nothing in this section precludes a party’s right to a separate and independent legal action in tort.

(3)

As used in this section, unless the context otherwise requires:

(a)

“Grandparent” has the same meaning as set forth in section 14-10-124.4.

(b)

“Great-grandparent” has the same meaning as set forth in section 14-10-124.4.

(c)

“Grandparent or great-grandparent family time” or “grandparent family time” has the same meaning as set forth in section 14-10-124.4.

Source: Section 14-10-124.5 — Disputes concerning grandparent or great-grandparent family time, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑10‑101
Short title 14‑10‑102
Purposes - rules of construction 14‑10‑103
Definitions and interpretation of terms 14‑10‑104
Uniformity of application and construction 14‑10‑104.5
Legislative declaration 14‑10‑105
Application of Colorado rules of civil procedure 14‑10‑106
Dissolution of marriage - legal separation 14‑10‑106.5
Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law 14‑10‑107
Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement 14‑10‑107.5
Entry of appearance and notice of withdrawal by delegate child support enforcement unit 14‑10‑107.7
Required notice of involvement with state department of human services 14‑10‑107.8
Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation 14‑10‑108
Temporary orders in a dissolution case 14‑10‑109
Enforcement of protection orders 14‑10‑110
Irretrievable breakdown 14‑10‑111
Declaration of invalidity 14‑10‑112
Separation agreement 14‑10‑113
Disposition of property - definitions 14‑10‑114
Spousal maintenance - advisory guidelines - legislative declaration - definitions 14‑10‑115
Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions 14‑10‑116
Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title 14‑10‑116.5
Appointment in domestic relations cases - child and family investigator - disclosure - background check 14‑10‑117
Payment of maintenance or child support 14‑10‑118
Enforcement of orders 14‑10‑119
Attorney’s fees 14‑10‑120
Decree 14‑10‑120.2
Ex-parte request for restoration of prior name of party 14‑10‑120.3
Dissolution of marriage or legal separation upon affidavit - requirements 14‑10‑120.5
Petition - fee - assessment - displaced homemakers fund 14‑10‑121
Independence of provisions of decree or temporary order 14‑10‑122
Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions 14‑10‑123
Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions 14‑10‑123.3
Requests for parental responsibility for a child by grandparents 14‑10‑123.4
Rights of children in matters relating to parental responsibilities 14‑10‑123.6
Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services 14‑10‑123.7
Parental education - legislative declaration 14‑10‑123.8
Access to records 14‑10‑124
Best interests of the child 14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions 14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time 14‑10‑125
Temporary orders 14‑10‑126
Interviews 14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure 14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions 14‑10‑128
Hearings 14‑10‑128.1
Appointment of parenting coordinator - disclosure 14‑10‑128.3
Appointment of decision-maker - disclosure 14‑10‑128.5
Appointment of arbitrator - de novo hearing of award 14‑10‑129
Modification of parenting time 14‑10‑129.5
Disputes concerning parenting time 14‑10‑130
Judicial supervision 14‑10‑131
Modification of custody or decision-making responsibility 14‑10‑131.7
Designation of custody for the purpose of other state and federal statutes 14‑10‑131.8
Construction of 1999 revisions 14‑10‑132
Affidavit practice 14‑10‑133
Effective date - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-124.5’s source at colorado​.gov