What impact has the coronavirus had on family law cases in Colorado? Before getting to that question, let’s start with the basics. Family law cases in Colorado follow a fairly consistent procedure. Once the initial pleadings are filed, the case generally progresses through the following steps:
- Initial case management orders and an Initial Status Conference.
- Financial disclosures and discovery.
- A temporary orders hearing if necessary.
- CFI or PRE investigations if necessary.
- Negotiation/mediation.
- Settlement or a hearing.
- Any post decree issues.
Of course several of the procedural steps can be progressing at the same time and more complicated cases will require a more in-depth procedure and more work during each of the steps listed. Additionally some circumstances require specific actions and approaches not outlined here, but the basic progression remains the same. More information about the basic procedure of family law cases in Colorado can be found here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-1/ and here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-2/.
The coronavirus pandemic, just as it has impacted many aspects of normal life, has had an impact on the courts and on family law specifically. The major impacts coronavirus has had on family law cases in Colorado have been:
Delays and Reschedulings Due to Stay at Home/Safer at Home Orders
In the early stages of the pandemic many courts were only hearing what were deemed to be “essential” proceedings in person, and many courts had no means to hold hearings virtually. Typical family law cases were not deemed to be essential, so unfortunately they were simply sidelined for a few months.
By now courts have found ways to conduct most proceedings virtually, including family law settings. While many family law matters just weren’t progressing in the early stages of the pandemic, courts now have systems in place to address all family law matters virtually and are progressing the cases as normal. Given the virtual procedures in place we hopefully won’t see any additional delays due to stay at home or safer at home orders. Up-to-date information on coronavirus impacts on specific courts can be found at each court’s website listed here: https://www.courts.state.co.us/Courts/Index.cfm.
Hearings/Settings Via Telephone or Webex
Before the pandemic any temporary orders hearing, the permanent orders hearing, and the Initial Status Conference were all generally conducted in-person at the courthouse. The pandemic has resulted in all of these settings now being conducted by telephone, Webex, or some other virtual platform. The Initial Status Conference generally only covers administrative and scheduling issues, and can easily be conducted by telephone.
Hearings are a bit more difficult. Effectively conducting any court hearing is a skill that requires years of study and practice, and doing so by phone or video conference adds a number of potential issues. Most attorneys that I know, including me, much prefer to conduct hearings in-person, but an experienced, well prepared, and tech savvy attorney can conduct a hearing by phone or video conference just as effectively as they could in-person.
Exposure in Homes or at Exchanges
One question that continually came up early on in the pandemic was what could be done in a situation where one parent’s home, significant other, or habits and choices could potentially cause a child to be infected. With coronavirus cases making a surge similar situations could become more prevalent again.
Ideally, parents would be able to discuss the situation and reach an agreement aligned with the best interests of the child. If that’s not possible, and if there is evidence that one parent, or their environment, is endangering the child’s physical health a restriction of parenting time could be sought under C.R.S. 14-10-129(1)(b)(I). A restriction is a significant request and is not to be taken lightly. Whether your specific circumstances would warrant a restriction under the statue heavily depends on the specific circumstances, and should be discussed with an experienced family law attorney.
Incomes
Child support and maintenance are based on a number of factors, one of the most important being the income of each party. The ongoing pandemic is having a profound impact on the economy and incomes across the board. Don’t make the mistake of thinking that support orders are automatically adjusted or that an informal agreement is good enough. Support orders are never automatically adjusted and informal agreements are not good enough, a new court order is required to modify any past support order. However, if your income has been impacted it may be possible to revisit and revise support orders based on significant and ongoing changes in circumstance.
If you have any questions about the your case in Colorado feel free to reach out to me directly at DillieLawOffice@gmail.com or (720) 507-3105.