Defeats Emergency Motion to Restrict Father’s Parenting Time
A mother attempted to restrict a father's parenting time after he obtained a protection order against her. R&H family law attorneys had the motion dismissed and fully restored the father's custody rights.
Case Overview
Type of Case: Family Law—Emergency Parenting-Time and Civil Protection Order Defense
Legal Issue: A father faced a retaliatory emergency motion to restrict his parenting time after he obtained a civil protection order against his children’s mother for alleged domestic abuse by the mother.
Applicable Statutes: C.R.S. 13-14-104.5, C.R.S. 14-10-129(4)
Outcome: Father’s parenting time was fully restored.
Facing an emergency motion to restrict parenting time can upend a parent’s relationship with their child, placing that time under supervision before the court has a chance to hear the full story.
That was the position our client, a father, found himself in after he took steps to protect himself and his children. He sought our family law team’s help obtaining a civil protection order against the children’s mother for alleged domestic incidents, including physical assault, stalking, and threats. The court found that the mother posed an imminent danger to the father and issued a temporary order under C.R.S. 13-14-104.5.
The mother responded by filing an emergency “forthwith” motion to restrict our client’s parenting time under C.R.S. 14-10-129(4)—a powerful legal tool that can trigger supervised-only contact for the accused parent until the court rules. The court entered a temporary order restricting our client’s parenting time, and we moved to vacate it.
Following a hearing on the mother’s motion, the court dismissed it and lifted the restriction, restoring our client’s parenting time.
Facing a protection order or custody dispute tangled up in a difficult separation? Our Family Law attorneys can help you protect your rights and your relationship with your children. Call 303-688-0944 to schedule a consultation, or book online 24/7.