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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11884
Experience:  JD, MBA
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Help. My ex filed an emergency motion to restrict parenting

Customer Question

Help. My ex filed an emergency motion to restrict parenting time and is now saying I cannot pick them up for my parenting time until the hearing as they added this information at the end. "Mother is aware that with filing this motion , Father's parenting is automatically restricted pursuant to 14-10-129(4). In re Marriage of Slowinski, 199 P.3d 48, 52 (Colo.App.2008)"...the filing of a motion under section 14-10-129(4) is self-executing, that is, the stated restriction on parenting time takes effect immediately and continues until the hearing". Is this true? I read otherwise and I am supposed to pick the up tomorrow at 9am for Father's Day.
Submitted: 7 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 7 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The statute states in part:

(4) A motion to restrict parenting time or parental contact with a parent which alleges that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent shall be heard and ruled upon by the court not later than fourteen days after the day of the filing of the motion. Any parenting time which occurs during such fourteen-day period after the filing of such a motion shall be supervised by an unrelated third party deemed suitable by the court or by a licensed mental health professional, as defined in section 14-10-127 (1) (b).

So, I'm sorry to say that your visitation is indeed restricted. If you don't have a supervisor deemed suitable by the court, then you would not be able to see the kids tomorrow. The case that you cited also states:

This confers upon a parent the power to unilaterally amend a court order to require supervised parenting time for an extremely limited period of time. The impacted parent's remedy, in the event the motion is “substantially frivolous, substantially groundless, or substantially vexatious,” is to recover reasonable attorney fees and costs. In re Marriage of Slowinski, 199 P.3d 48, 52 (Colo. App. 2008).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 7 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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