What to Do When the Other Parent Violates a Parenting Plan in Colorado
Parenting plans exist for a reason. They're court-ordered agreements that establish where your children will be, when, and with whom. They state obligations and responsibilities. When the other parent doesn't follow that plan, it can feel frustrating, frightening, and deeply unfair.
The good news is that Colorado law takes parenting plan violations seriously, and you have options.
At Rider Goodwin Law, we help parents navigate these situations every day. In this post, we'll walk you through what counts as a violation, what steps to take, and how to protect your rights and your children.
What Counts as a Parenting Plan Violation?
Not every disagreement or scheduling hiccup rises to the level of a legal violation. But the following situations often do:
Repeatedly returning the children late or not at all
Refusing to allow scheduled parenting time
Taking the children out of state without consent or a court order
Making unilateral decisions about school, medical care, or activities that require joint agreement
Interfering with the other parent's communication with the children
Consistently scheduling activities or appointments during the other parent's parenting time without agreement
Coaching or pressuring the children to resist parenting time exchanges
A one-time miscommunication is different from a pattern of interference. Courts pay attention to both the frequency and the intent behind violations. A parent who occasionally runs late is in a very different position than one who routinely withholds parenting time or uses the children as leverage.
What If There's an Emergency or Safety Concern?
Standard violations are frustrating, but some situations require more urgent action. If you believe your children are in immediate danger, call 911. Do not wait for a court hearing. This includes the other parent failing to return the children at all.
For situations that are serious but not an immediate emergency, such as,taking them out of state without permission, or placing them in an unsafe environment, you may be able to seek emergency relief from the court. This can include a motion for expedited relief or, in extreme cases, an emergency Motion to restrict the other parent’s parenting time.
It's important not to take matters into your own hands. Even if the other parent is clearly in the wrong, self-help remedies like showing up and physically removing the children from the other parent's home can backfire legally and put you in a difficult position. Contact your attorney as quickly as possible so the right steps are taken in the right order.
Step 1: Document Everything
Before you take any legal action, document what's happening. This means:
Keeping a written log of each incident, including dates, times, and what occurred
Saving text messages, emails, or voicemails that support your account
Noting any witnesses, including teachers, coaches, or family members who observed the situation
Taking screenshots of social media posts if they're relevant to the violation
Good documentation is the foundation of any enforcement action. The more organized and specific your records are, the stronger your position will be. Courts respond to specifics, not generalities. "She refuses to follow the schedule" is far less powerful than a detailed log showing twelve missed exchanges over three months.
Step 2: Try to Resolve It Directly (When Safe to Do So)
In some cases, the issue can be resolved without court involvement. If communication between you and the other parent is generally civil, it may be worth addressing the problem clearly and calmly in writing.
You can also hire an attorney to reach out on your behalf. A letter or communication from legal counsel often carries more weight than a direct message from the other parent, and it signals that you're taking the matter seriously without immediately escalating to court. At Rider Goodwin Law, we regularly help clients address parenting plan issues this way as a first step.
This step is not always appropriate, particularly in high-conflict situations or where there are safety concerns. Use your judgment, and when in doubt, consult your attorney before reaching out.
Step 3: Consult Your Attorney
If direct communication hasn't worked, or if the violations are serious or ongoing, it's time to talk to a family law attorney. An attorney can help you:
Assess whether the violations are legally significant
Identify the most effective path forward
Draft correspondence or file court documents on your behalf
Help you avoid missteps that could complicate your case
This is also the point where you'll decide together whether to pursue formal enforcement through the court, seek a modification of the parenting plan, or pursue both.
Step 4: Pursue Court Enforcement
Colorado courts have the authority to enforce parenting orders when one parent is not complying. Depending on the circumstances, remedies may include:
Make-up parenting time to compensate for missed time with your children
Modification of the parenting plan if the other parent's behavior shows a pattern that no longer serves the children's best interests
Contempt of court findings, which can carry real consequences for the non-complying parent
Attorney fee awards, where the court orders the other parent to cover your legal costs
The court's focus will always be the best interests of the children. Demonstrating that you've acted reasonably and that the other parent's conduct is harming that interest goes a long way.
What Not to Do
When you're frustrated with the other parent, it's tempting to respond in kind. But retaliating or going off-script can hurt your case significantly. Avoid:
Withholding your own parenting time obligations as "payback"
Making decisions about the children outside of what the parenting plan allows
Venting about the situation on social media
Involving the children in adult conflict
Communicating in an angry or threatening way, even if you feel justified
The parent who stays focused, calm, and compliant with the court's orders almost always comes out in a stronger legal position. Judges notice which parent is working to follow the rules and which one isn't.
Conclusion
A parenting plan violation is more than an inconvenience. It can disrupt your children's stability and your ability to be present in their lives. You don't have to accept it, and you don't have to handle it alone.
At Rider Goodwin Law, we help parents protect their parenting time and hold the other party accountable when court orders aren't being followed. Whether you need a firm letter sent, a court motion filed, or just guidance on your next step, we're here to help.
Call us today at 303.728.4271 or click here to schedule a consultation.