Appropriate Court for enforcement of parenting order (visitation)

[Tony Dawson]

This is a Colorado Family law question.

There is a out of state parenting Order controlling the visitation with a child who is largely in the physical custody of the non-custodial parent with a (very far away) out-of-state resident parent. The Order is properly registered as a mirror order for enforcement only in County A where the custodial parent and child used to live. In 2017 there was a trial which found the custodial parent to have substantially violated the custody order re: visitation. Visitation then proceeded fine till earlier this year.

The custodial parent has now moved to a different county (County B) in the same State, some distance from the original county. Can the non-custodial parent simply file for enforcement of the parenting Order in the courts of the new county? Or would there have to be either registration of the Order in the new County or a motion to the old County for venue change? There are reasons why further litigation in the old county is not favored which I shall not go into here). The enforcement issue concerns a different matter within the order to the matters litigated previously.

 

[Zigner]

Who are you in this matter?

 

[not2cleverRed]

Who are you in this matter?

https://forum.freeadvice.com/threads/legal-duties-of-a-physical-custodial-parent.657015/

Good luck. I'm totally lost. Off to do a killersudoku puzzle, because the clues are more straightforward.

 

[adjusterjack]

Or would there have to be either registration of the Order in the new County or a motion to the old County for venue change?

Seems simple enough:

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=76
Also seems obvious that you file in County A where the case is.

 

[Taxing Matters]

This is a Colorado Family law question.

There is a out of state parenting Order controlling the visitation with a child who is largely in the physical custody of the non-custodial parent with a (very far away) out-of-state resident parent. The Order is properly registered as a mirror order for enforcement only in County A where the custodial parent and child used to live. In 2017 there was a trial which found the custodial parent to have substantially violated the custody order re: visitation. Visitation then proceeded fine till earlier this year.

The custodial parent has now moved to a different county (County B) in the same State, some distance from the original county. Can the non-custodial parent simply file for enforcement of the parenting Order in the courts of the new county? Or would there have to be either registration of the Order in the new County or a motion to the old County for venue change? There are reasons why further litigation in the old county is not favored which I shall not go into here). The enforcement issue concerns a different matter within the order to the matters litigated previously.

I assume that the custodial parent (CP) and child reside in Colorado. Let's say by way of example that the CP used to live in Boulder County but now lives in Jefferson County. If there is no action currently pending concerning the custody order in Boulder County (i.e. the last court action on it was in 2017 in Boulder County and nothing since that was concluded) then you'd file the new action on the custody order in district court in Jefferson County pursuant to CRCP 98, which is apparently what the noncustodial parent (NCP) wants to do anyway. If the CP believes that venue is not proper in Jefferson county she may bring a motion for a change of venue back to Boulder County, but she'll need to point to something that makes Boulder County the appropriate forum when neither party resides in Boulder County now.

The NCP should consult a family law attorney in Colorado to review all the facts to determine the best way to proceed with this.

Also seems obvious that you file in County A where the case is.

And you are basing that "obvious answer" on what, exactly?

 

[Tony Dawson]

I assume that the custodial parent (CP) and child reside in Colorado. Let's say by way of example that the CP used to live in Boulder County but now lives in Jefferson County. If there is no action currently pending concerning the custody order in Boulder County (i.e. the last court action on it was in 2017 in Boulder County and nothing since that was concluded) then you'd file the new action on the custody order in district court in Jefferson County pursuant to CRCP 98, which is apparently what the noncustodial parent (NCP) wants to do anyway. If the CP believes that venue is not proper in Jefferson county she may bring a motion for a change of venue back to Boulder County, but she'll need to point to something that makes Boulder County the appropriate forum when neither party resides in Boulder County now.

The NCP should consult a family law attorney in Colorado to review all the facts to determine the best way to proceed with this.



And you are basing that "obvious answer" on what, exactly?

That appears to be very helpful - although CRCP 98 does not appear to be specific about domestic relations cases. However, the custodial parent has filed a motion to modify the out of state order in the 'old' county (despite having no subject matter jurisdiction to modify the out of state order) so I can see problems emerging if there is an enforcement filing in a new county. Unfortunately, there is no prospect of any attorney being employed in this case for the most common reason for this.

 

[Taxing Matters]

However, the custodial parent has filed a motion to modify the out of state order in the 'old' county (despite having no subject matter jurisdiction to modify the out of state order) so I can see problems emerging if there is an enforcement filing in a new county.

Then if there is now pending a matter in the old county relating to that agreement that might pose a problem for you. You could try moving for a change of venue in that court and see if you can get the case moved to the new county. Note that the court in the old county will have subject matter to hear the request for modification to the order. Whether there is a basis for modifying the order is another matter.

That appears to be very helpful - although CRCP 98 does not appear to be specific about domestic relations cases.

Nor does Colorado have a venue rule specific to just domestic relations cases.

Unfortunately, there is no prospect of any attorney being employed in this case for the most common reason for this.

Then you may wish to see if you can find a legal aid clinic or see if either the University of Colorado or Denver University Law School is currently running a civil law clinic that could assist you. Also check out the court self help contacts in each county.

 

[Tony Dawson]

Then if there is now pending a matter in the old county relating to that agreement that might pose a problem for you. You could try moving for a change of venue in that court and see if you can get the case moved to the new county. Note that the court in the old county will have subject matter to hear the request for modification to the order. Whether there is a basis for modifying the order is another matter.



Nor does Colorado have a venue rule specific to just domestic relations cases.



Then you may wish to see if you can find a legal aid clinic or see if either the University of Colorado or Denver University Law School is currently running a civil law clinic that could assist you. Also check out the court self help contacts in each county.

Thank you for that helpful advice. I believe it may also be 'Pro Bono' week in Denver.

 

[LdiJ]

I am still confused. What state does the residential parent live in and what state does the non-custodial parent live in. Also pleased explain what you mean by "the child is largely in the physical custody of the non-custodial parent"?