In an ideal situation all parties to a family law case would understand and respect the court’s orders and would work together to make sure that those orders are followed to the best of their abilities. Unfortunately this ideal situation doesn’t always pan out. Needing to enforce some aspect of a family law court order is a common issue, but it can be a more technical and convoluted process than people generally think. So how can you enforce family law court orders?
Depending on what aspect of the order needs to be enforced, your priorities, and other considerations, there are several different options to enforce an order in Colorado. The main options are typically: (1) the parties addressing the issues amongst themselves outside of court; (2) requesting a status conference with the court or a subsequent order from the court, (3) filing for a judgment or contempt of court; (4) filing a motion concerning parenting time disputes; and/or (5) enforcing orders through law enforcement. Each of these options have their unique procedures and individual pros and cons, which will be discussed in more detail below.
Addressing the Issues Directly with Your Ex
When any issue surrounding parenting time, expenses/support, how changes in circumstances impact the parenting plan, or practically anything else arise the first step should generally be for the parties to discuss the issues and try to reach an agreed upon approach amongst themselves. Being able to reach an amicable agreement is very likely the quickest possible resolution and it will save both parties from the hassle, anxiety, and cost that come with any court proceeding. While reaching out to the other party typically should be the first step, there are some emergency situations where contacting the other party directly is not necessary as it could cause harm or delay necessary and time-sensitive action. It’s important to know what is and is not one of those emergency situations.
Attorneys and court orders cannot anticipate every future issue that may arise, so no order is going to specify how every possible situation should be handled. That means that issues will always arise regardless of how detailed of a parenting plan you have. When issues inevitably do arise you should start by reaching out to your ex/co-parent to discuss the issue and how you believe it should be approached (keeping in mind that issues regarding children should always be addressed in the best interest of the children.) If you and your co-parent are able to reach a resolution, then a quick stipulation can be drafted and filed with the Court for approval.
If you and your co-parent cannot agree on how to proceed then it may be time to look at some of the other options to enforce family law court orders.
Status Conferences/Subsequent Orders
Sometimes parties to a family law case may disagree about what a court order means or when it applies, leading to confusion and uncertainty about what needs to be done. In a situation where you need to clarify a court order my first thought would be to either ask for a quick telephone conference with the judge where you can ask clarifying questions about the order, or file a simple motion outlining the area of confusion and asking the court to clarify the meaning of the original order.
If a few questions at a brief status conference or a simple motion to clarify would resolve the issue you can save a lot of time, hassle, and money by getting a quick answer and avoiding a more in depth enforcement process.
Judgment/Contempt of Court
Judgment
If money is due and not paid (as in someone being behind on child support or maintenance payments, or not fully complying with orders to divide marital property) Colorado law allows you to seek a judgment for the amount due plus interest. That judgment can then be used to seize funds from bank accounts, place a lien on property, and/or garnish wages to recover what you’re owed. Obtaining a judgment and using it to collect on a debt is a technical but fairly straight-forward process that can be used to help ensure that you’re ultimately paid what you are owed.
A good deal of information about when and how to obtain a judgment and use it to collect a debt owed is readily available on the self help section of the Colorado Court’s website at: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Judgments. Or, many family law or general civil attorneys are well versed in collecting debts owed if you are in need of professional assistance.
Contempt of Court
Along the same lines a a judgment, seeking contempt of court is an option if a party fails to follow clear court orders – though it is important to know that in a contempt action you typically must prove that the other party has the present ability to follow those orders, which can be a challenge. Either remedial (meant to force compliance) or punitive (meant to punish) contempt of court can be sought, and sanctions ranging anywhere from court oversight at a series of status conferences to jail time can be imposed.
Contempt actions are technical proceedings with specific detailed legal requirements, and it is the responsibility of the party bringing the action to meet those requirements and prove the case. If you’re considering a contempt action you should consult with an experienced family law attorney about the process and your options.
Motions Concerning Parenting Time Disputes
C.R.S. §14-10-129.5 grants parties to a family law case specific permission to raise issues related to parenting time orders or schedules outside of a specific, formal request to modify those orders. The court is able to address issues presented under that specific statute in a variety of ways, including: adding terms and conditions to the existing orders; imposing a bond to ensure future compliance; ordering make-up parenting time; and/or modifying orders to meet the best interests of the children.
C.R.S. §14-10-129.5 allows the court considerable leeway to try and address the issues presented in a situation where changes to the parenting time schedule may not be the best approach. While the orders issued under the statute can be far ranging, one caveat to be aware of is that some judges have taken a hard stance and interpret C.R.S. §14-10-129.5 to only apply to issues concerning parenting time specifically, meaning that they would not be willing to address issues related to communication between co-parents, decision-making, or other common areas of tension outside of the actual parenting time schedule.
Law Enforcement
Police officers are typically hesitant to get involved in a dispute between parents, and involving the police can be a traumatic experience for children, both of which make enforcing a court order through law enforcement often the worst case scenario. Having said that, there are a couple of situations where it may be necessary to involve the police.
First, law enforcement should obviously be involved any time the children are harmed or threatened. Likewise, law enforcement should be alerted if a parent is violating a protection order covering you or the children.
When it comes to issues related to parenting time, law enforcement should only be involved in the most extreme circumstances. Law enforcement agencies have no knowledge or your case, and cannot be expected to read, interpret, and “rule” on what your parenting plan means if you and your co-parent cannot agree. Even in situations where the agreement is crystal clear and one parent is obviously violating the order, law enforcement agencies typically, and understandably, see their role between co-parents as peacekeepers more than enforcers.
In extreme circumstances, for instance if a parent kidnaps their child and moves them to another state in violation of a court order, the court may be willing to issue a specific order instructing law enforcement to intervene and return the child. But those situations are few and far between and law enforcement should generally not be considered a means to enforce family law court orders.
With several different possible routes and nearly unlimited factors and circumstances to consider, having to enforce family law court orders can be a daunting task. Because of that contacting an experienced family law attorney to discuss the 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/.