This is the second half of an article that briefly outlines the general procedure for family law cases in Colorado. The first half, which covers the initial pleadings, initial status conference, financial disclosures, and temporary orders and be found here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-1/.
As I pointed out in Part 1, do remember that the Colorado Judicial Branch provides template pleadings, instructions for completing and filing the pleadings, and a helpful outline of the basic procedure, all of which can be found here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108.
4. Negotiation/Mediation
The Court will very likely require that the parties to any dissolution or allocation of parental responsibilities case mediate as part of the court process. Mediation is a process where the parties meet with a neutral third party who attempts to foster agreements between the parties. It is crucial to understand that the role of a mediator is very different from that of a judge or an arbitrator. While a judge and an arbitrator will actually issue orders regarding any contested issues, a mediator does not have the authority to make any decisions. The mediator’s only role in the case is to assist the parties in reaching agreements amongst themselves if possible.
Mediation can be a bit of a waste of time unless all the necessary financial documents have been exchanged and the parties have the information they need to discuss the issues in depth, so be sure you have all the information you need before you mediate. Even outside of mediation the parties themselves, and/or their attorneys if the parties are represented, can and should discuss the issues throughout the remainder of the process and attempt to settle any contested issues. Any issues that are settled can be formalized through the Court by filing a full or partial stipulation. Any issues that are not settled will continue to the next steps of the process, including a contested hearing if necessary.
People also often wonder what they can/cannot and should/should not discuss with a mediator. To that end, it is important to note that mediators have no substantive contact with the judge or other party outside of the mediation session, and mediators cannot be called as witnesses at a permanent orders hearing. All that goes to say that you mostly do not need to concern yourself with what you discuss with the mediator. Having said that, keep in mind that Colorado is a “no fault” state when it comes to dissolution of marriage, meaning that neither the Court nor the mediator will be persuaded by the specific reasons behind the brea-up as much as they would be by legal precedent and arguments.
5. Settlement/Hearing
The issues raised in either a dissolution or allocation of parental responsibilities case can be resolved in two main ways, by settlement or through a contested hearing. A settlement is just another word for an agreement between the parties. The Court (and the parties themselves) often prefer an agreement to a contested hearing as an agreement can avoid prolonged and costly litigation, plus it allows the parties with the best understanding of the circumstances (the parties themselves) to address the issues.
At times, however, an agreement is simply not possible and a contested hearing is the only option. A contested hearing is a formal court proceeding where both sides present testimony and evidence and make legal arguments to support their requests. After the evidence and arguments are presented the Court will issues orders resolving the outstanding issues. As an aside, hearings are governed by complex rules and procedures that attorneys spend years throughout law school and their careers learning and perfecting. If your case is proceeding to a hearing you should seriously consider hiring an experienced attorney to assist you. (More thoughts to consider when deciding if you need an attorney for your case can be found here: https://www.dillielaw.com/blog/should-i-hire-a-family-law-attorney/.)
6. Post Decree
Often times the permanent orders hearing is not the end of the Court’s involvement in a dissolution of marriage or an allocation of parental responsibilities case. Any kind of appeal or request for reconsideration, enforcement action, or motion to modify falls into what can be considered “post decree” issues. The procedure for these actions vary widely depending on what exactly the goal is. Generally speaking, requests to modify the orders follow a procedure similar to the original filing, whereas appeals, enforcement actions, and reconsiderations can follow unique procedures. I’ve also put together an article outlining various ways to enforce orders and the advantages and disadvantages of each, which can be found here: https://www.dillielaw.com/how-to-enforce-family-law-court-orders/.
There are specific rules that govern timelines and filings for some post decree actions, so if you are in a position where you’re considering how to address an issue after final orders have been issued you should speak with an experienced attorney about your options and how best to proceed.
The Child’s Wishes – Child and Family Investigators (CFIs)/Parental Rights Evaluators (PREs)
One very common question that I get asked about domestic cases involving children is how can you present the wishes of a child to the Court, or when will the Court consider speaking to the child about his or her wishes? When determining a parenting plan under Colorado law the Court must follow the “best interests of the child” standard, which means that the Court will, along with other factors, take into consideration what the child would like to happen if the child is old and mature enough to fashion their own opinion on the subject. There is no specific age that the law considers mature enough to express their own opinion on the issue, so judges are left to make that determination on a case-by-case basis. All cases and all judges are different, but in my experience courts generally require a child to be around thirteen before they will consider speaking to the child about the case directly.
That doesn’t mean, however, that the Court has no way to consider the opinion of younger children. The Court has the authority to appoint either a Child and Family Investigator or a Parental Rights Evaluator, both of who will investigate the circumstances and will ultimately provide the Court with a detailed report and a recommended parenting plan. There are several differences between a Child and Family Investigator and a Parental Rights Evaluator, but suffice it to say that a Parental Rights Evaluator will conduct a much more in-depth investigation and can dive much deeper into issues like addiction or other mental health concerns. If you believe that you need a Child and Family Investigator or a Parental Rights Evaluator you should consult an attorney about the differences between the two and which would be better suited to address the specific issues of your case.
A series of articles cannot explain all the ins and outs of the family law process in Colorado, but hopefully this quick outline helps you better understand the process. The process in Colorado can be daunting, s contacting an experienced family law attorney to discuss your specific situation and your options is always a good place to start. If you have any questions or would like to discuss anything you read in this or any other article, feel free to contact me directly at DillieLawOffice@gmail.com, (720) 507-3105, or through the website here: https://www.dillielaw.com/contact/.