Find out when and how you can ask a Colorado court to change your existing parenting time schedule.
Last Reviewed
If you believe a child is in immediate danger of physical or serious emotional harm by their parent, you may be able to ask a judge to restrict parenting time. This guide explains what a motion to restrict parenting time is, when and how you can ask for one, the limits to this law, and what happens next.
What is a motion to restrict parenting time?
A Motion to Restrict Parenting Time is when you ask the judge to immediately limit or stop the other parent’s time with the child because you believe the child is in serious danger.
Important:
This is only for emergency situations. The child must be in danger when they are with the other parent.
When can I ask the court to restrict parenting time?
You may file this motion only if you believe the child is in danger of:
- Physical harm, or
- Serious emotional harm
Colorado law protects a parent’s right to see their child. A judge can’t limit parenting time unless they find that parenting time would put the child in physical danger or seriously harm the child’s emotional health.
How do I ask the court to restrict parenting time?
Step 1: Fill out the right forms
What do I need to include?
- State that the child is in imminent danger
- Clearly explain the emergency situation
- Explain specific reasons for the request
- Say what you want the judge to do (for example, require supervision during parenting time or stop parenting time)
Step 2: File the forms with the right court
File in the same court where your child support order was issued.
You can file in person or online through the court’s e-filing system.
Pay the filing fee, or ask for a fee waiver with JDF 205.
What happens immediately after the motion is filed?
Once the motion is filed:
- The court must act right away
- The other parent’s parenting time is temporarily limited (or “restricted”)
Any parenting time that happens before the hearing must be:
- Supervised by a person that is not related to either of you and is approved by the judge, or
- Supervised by a licensed mental health professional
What happens at an emergency hearing?
The court will schedule a hearing within 14 days of when you file the motion.
At the hearing, the judge will decide if parenting time:
- Would endanger the child’s physical health, or
- Would seriously emotionally harm the child
After hearing proof called “evidence”, the judge may:
- Continue supervised parenting time
- Set rules the parent must meet to improve safety
The court must explain its decision in writing and tell you why they made the decision. The court may also list steps the restricted parent must complete to later ask for changes.
How can the restricted parent ask to lift the restriction?
A parent whose parenting time has been restricted can ask the court to review or change the restriction, but only if they can show real and lasting change.
To do this, the parent must:
- File a verified motion (a written request signed under oath)
If the judge believes you filed this motion without a valid reason, they may order you to pay the other parent’s attorney fees and court costs.
How will the judge review a request to lift restrictions?
The judge will review the request within 35 days, along with any response from the other parent.
The judge looks for a substantial and continuing change in circumstances.
The judge may consider:
- Whether the parent completed all court‑ordered requirements (treatment, supervision rules, classes, etc.)
- Whether the current restriction is still needed
- Whether changing the order would be in the child’s best interests
What could the judge decide?
If the judge thinks the request does not include enough facts or evidence, they will deny the request to lift restrictions.
If the judge thinks the request shows a possible meaningful change, the judge will:
- Set a hearing quickly
- Notify both parents
Need more help?
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.