DM went above authority and decided relocation case

[justiceforb]

Colorado
In 2016 we went to court and they ordered a DM be used in our relocation case. There were many things ex stated to support him in the best interest of the child that were flat out lies or contrudicted themselves.
1 With this case there is a history of domestic violence on me. Ex denied this ever happened then turns around and turns in his completion of diversion pertaining to our case.(father beat me with a coat hanger in the face while holding the child charges we're pressed)( beat the following GF after our relationship son came home after visit with his father and said it. So via FB I messaged the women and she appoligised and stated it was true. Also that it happened often ) I turned messages into DM. In his final report he stated he tried to contact this person and was unsuccessful she would not return messages.
NOW AFTER SPEAKING WITH THIS PERSON HE NEVER TRIED CONTACTING HER AT ALL. Now I have found out he went into a rage on our son and snapped his tablet in half screaming at him. When I brought it to his attention he said well I baught it and bought him a new one after I broke it.
2 Claimed his parents lived in CO in 2009 they bought a home in AZ that we helped them move to. Ex stated there address was the same as his sister's. The only biological ties son has on father's side in co is one aunt. DM did not look into our argument on this.
3 Ex claimed son had community ties and would disrupte his life of he was moved from his current school. THEN in the same request to DM states child struggles at his school and father would like to change his current school.
4 He went and spoke with sons current school but never took the time to even contact the school son would attend if relocation was permitted.
5. We argued he didn't have the authority to change parenting time and he answered with he felt it was with in his scope of work. went from 50/50 to father have almost all control.
6 There was so much exparte communication. Emails and requests from DM I was my attorney and I were not even included on.
I could go on and on and on. My son fears his dad and wants to live with me in Nebraska.

1 Can I sue DM civilly for his actions
2. I know time has passed for De Novo but we were taped financially after $27000 and not even stepping in court. I there a way to have the courts look at this.
3 Can domestic violence and his anger with our son be brought back to the court. Because DM failed to look into it

 

[Just Blue]

Colorado
In 2016 we went to court and they ordered a DM be used in our relocation case. There were many things ex stated to support him in the best interest of the child that were flat out lies or contrudicted themselves.
1 With this case there is a history of domestic violence on me. Ex denied this ever happened then turns around and turns in his completion of diversion pertaining to our case.(father beat me with a coat hanger in the face while holding the child charges we're pressed)( beat the following GF after our relationship son came home after visit with his father and said it. So via FB I messaged the women and she appoligised and stated it was true. Also that it happened often ) I turned messages into DM. In his final report he stated he tried to contact this person and was unsuccessful she would not return messages.
NOW AFTER SPEAKING WITH THIS PERSON HE NEVER TRIED CONTACTING HER AT ALL. Now I have found out he went into a rage on our son and snapped his tablet in half screaming at him. When I brought it to his attention he said well I baught it and bought him a new one after I broke it.
2 Claimed his parents lived in CO in 2009 they bought a home in AZ that we helped them move to. Ex stated there address was the same as his sister's. The only biological ties son has on father's side in co is one aunt. DM did not look into our argument on this.
3 Ex claimed son had community ties and would disrupte his life of he was moved from his current school. THEN in the same request to DM states child struggles at his school and father would like to change his current school.
4 He went and spoke with sons current school but never took the time to even contact the school son would attend if relocation was permitted.
5. We argued he didn't have the authority to change parenting time and he answered with he felt it was with in his scope of work. went from 50/50 to father have almost all control.
6 There was so much exparte communication. Emails and requests from DM I was my attorney and I were not even included on.
I could go on and on and on. My son fears his dad and wants to live with me in Nebraska.

1 Can I sue DM civilly for his actions
2. I know time has passed for De Novo but we were taped financially after $27000 and not even stepping in court. I there a way to have the courts look at this.
3 Can domestic violence and his anger with our son be brought back to the court. Because DM failed to look into it

What reasons did you present for the move?

1. No.
2. Unlikely. Why did you wait 4 years?
3. Is it new DV issues? Was he convicted?

 

[Taxing Matters]

Colorado
1 Can I sue DM civilly for his actions

You cannot successfully sue the decision maker (DM) for the decisions he made in the case. The scope of the DM's authority is spelled out in the order that appoints the DM and the DM only serves for 2 years unless the appointment is renewed. A DM is only appointed if both parties agree to it, and in a lot of cases it's not a great idea to agree to that. A DM is a private party you effectively give the power to decide custody,visitation, and related matters and the DM is not subject to all the same rules the judge must follow. In some cases that flexibility can be useful, but it can also turn out badly, too, as you found out in your case. The time to raise concerns about the DM exceeding his authority or other issues was at the time the DM made those decisions, not months or years later.

2. I know time has passed for De Novo but we were taped financially after $27000 and not even stepping in court. I there a way to have the courts look at this.

You may be able to file a new petition to change the custody/visitation arrangements if it's been awhile since the orders were made.

3 Can domestic violence and his anger with our son be brought back to the court. Because DM failed to look into it

If you are able to bring a new action to change the custody/visitation then this is something you might be able to bring up, assuming that those incidents were somewhat recent anyway.

You ought to discuss this with a Colorado family law attorney to review your case and find out what options you have at this point. I don't know nearly enough about your situation and your prior case to say what you can do now.

 

[justiceforb]

My understanding is the DM has the authority to clarify and implement an existing order but can not change parenting time. Also 14-10-123 7 a states DM should be amune from any civil liability unless his acts of omission were willful or wanton. This is not an argument just looking for more clarification. Thank you so much for your response

 

[LdiJ]

Colorado
In 2016 we went to court and they ordered a DM be used in our relocation case. There were many things ex stated to support him in the best interest of the child that were flat out lies or contrudicted themselves.
1 With this case there is a history of domestic violence on me. Ex denied this ever happened then turns around and turns in his completion of diversion pertaining to our case.(father beat me with a coat hanger in the face while holding the child charges we're pressed)( beat the following GF after our relationship son came home after visit with his father and said it. So via FB I messaged the women and she appoligised and stated it was true. Also that it happened often ) I turned messages into DM. In his final report he stated he tried to contact this person and was unsuccessful she would not return messages.
NOW AFTER SPEAKING WITH THIS PERSON HE NEVER TRIED CONTACTING HER AT ALL. Now I have found out he went into a rage on our son and snapped his tablet in half screaming at him. When I brought it to his attention he said well I baught it and bought him a new one after I broke it.
2 Claimed his parents lived in CO in 2009 they bought a home in AZ that we helped them move to. Ex stated there address was the same as his sister's. The only biological ties son has on father's side in co is one aunt. DM did not look into our argument on this.
3 Ex claimed son had community ties and would disrupte his life of he was moved from his current school. THEN in the same request to DM states child struggles at his school and father would like to change his current school.
4 He went and spoke with sons current school but never took the time to even contact the school son would attend if relocation was permitted.
5. We argued he didn't have the authority to change parenting time and he answered with he felt it was with in his scope of work. went from 50/50 to father have almost all control.
6 There was so much exparte communication. Emails and requests from DM I was my attorney and I were not even included on.
I could go on and on and on. My son fears his dad and wants to live with me in Nebraska.

1 Can I sue DM civilly for his actions
2. I know time has passed for De Novo but we were taped financially after $27000 and not even stepping in court. I there a way to have the courts look at this.
3 Can domestic violence and his anger with our son be brought back to the court. Because DM failed to look into it

What the heck does DM stand for?

 

[justiceforb]

court appointed decision maker

 

[LdiJ]

court appointed decision maker

You should have done the de novo back then and put it in front of a judge. You could have also chosen to remain in Colorado so that you could have maintained a 50/50 timeshare. How old is the child now?

 

[commentator]

It is VERY rarely a good idea to be beating very old if not dead horses from several years ago (i.e. he beat me with a coat hanger...beat up his new girlfriend, broke my son's tablet....) when you do go back before a judge, go back into court, that is water a long long way under the bridge. Could this domestic violence from long ago be brought up in court now? Yes, but I wouldn't recommend it, doubt if your current attorney would either. It just makes it sound like you aren't a good person to be making current decisions, are someone who has not moved on effectively with life. Your son has got to be getting at least a bit older if he was school age four years ago. So how old is he now? What kind of adjustment has he been making to the current arrangements? What about his school, what about his situation, is it working out? "He wants to come live with me, he is afraid of his father" isn't much of an argument unless you have something more recent and relevant to base your request for changes on than Dad broke his tablet in 2016.

 

[justiceforb]

We were depleated financially. The child is 11 also in our parenting plan it states

It is VERY rarely a good idea to be beating very old if not dead horses from several years ago (i.e. he beat me with a coat hanger...beat up his new girlfriend, broke my son's tablet....) when you do go back before a judge, go back into court, that is water a long long way under the bridge. Could this domestic violence from long ago be brought up in court now? Yes, but I wouldn't recommend it, doubt if your current attorney would either. It just makes it sound like you aren't a good person to be making current decisions, are someone who has not moved on effectively with life. Your son has got to be getting at least a bit older if he was school age four years ago. So how old is he now? What kind of adjustment has he been making to the current arrangements? What about his school, what about his situation, is it working out? "He wants to come live with me, he is afraid of his father" isn't much of an argument unless you have something more recent and relevant to base your request for changes on than Dad broke his tablet in 2016.

Dad just broke his tablet recently and absolutely refuses to following parenting plan. The last time refused to send child because of covid 19 and would not drive because it was not convienent for him. We have joint decison making and he enrolled child in different school without informing me.

 

[Just Blue]

We were depleated financially. The child is 11 also in our parenting plan it states

Dad just broke his tablet recently and absolutely refuses to following parenting plan. The last time refused to send child because of covid 19 and would not drive because it was not convienent for him. We have joint decison making and he enrolled child in different school without informing me.

What does the parenting plan state regarding transportation? What was the reason you moved?

I highly doubt that a Judge will reprimand your ex for not following the visitation plan during a pandemic.

 

[justiceforb]

My argument is that child was going to father's for vacation time. He flew from Nebraska to Colorado and when he was to be returned to finish his summer visit father argued it was unsafe for child to fly. Father lined flight from Nebraska to Colorado up. Father used this to short me my summer time.

 

[Just Blue]

What was the reason you moved to Nebraska?

 

[justiceforb]

Moved to Nebraska for a better cost of living less crime and drugs. Better education for children. My husband also had a son from a prior relationship

 

[Just Blue]

Moved to Nebraska for a better cost of living less crime and drugs. Better education for children. My husband also had a son from a prior relationship

So, when the court denied you permission to move with your child, why did you still choose to move and leave your child with your abusive ex?

 

[justiceforb]

I am on here for advice not to be ridiculed