Abduction Prevention Measures Restrictions on Parenting Time and Warrants

Are you involved in a divorce or child custody case involving child abduction? An experienced divorce and child custody lawyer can guide you through the legal process to assist in exploring your options. You have one bite at the apple in the court system so make it count.

Parental restrictions and warrants:

A court can restrict parenting rights upon credible allegations of imminent abduction, even based only on the allegations of one parent. This is called an “ex parte”. i.e. a one-sided allegation. Additionally, a court can issue a warrant for law enforcement officials to take custody of the child for delivery to the Petitioner requesting the custody. Credible allegations about an international abduction could justify immediate restrictions on parenting time. For example, if the Petitioner can show that there is a credible risk of imminent wrongful removal of a child, the court can enter an ex parte warrant to take custody of the child from the alleged abductor. C.R.S. § 14-13.5-109(1). The warrant must include the following findings of fact, orders, and information:

• The facts on which a determination of a credible risk of imminent wrongful removal of the child is based;
• Directing law enforcement officers to take physical custody of the child immediately;
• Providing the date and time of the abduction prevention measures hearing; and
• Providing for the safe placement of the child pending further order of the court. C.R.S. § 14-13.5-109(3).

Generally, the warrant requires the immediate placement of the child in the care of the Petitioner. A hearing must be held at the earliest possible time after the ex parte warrant is executed. C.R.S. § 14-13.5-109(2); see generally In re Marriage of Slowinski & Pagnozzi, 199 P.3d 48 (Colo. App. 2008), C.R.S.§ 14-10-129(4). The early hearing is intended to protect the interests of the parent from whom the child was taken and give that parent an opportunity to be heard.

The court must consider any criminal or domestic violence history of both parents, C.R.S. § 14-13.5-109(4). The responding party must be served with the warrant when the child is removed from his or her care or immediately thereafter if he or she is not present. C.R.S. § 14-13.5-109(5). Law enforcement officers executing the warrant can be authorized by the court to take immediate custody of the child, and even to forcibly enter private property. C.R.S. § 14-13.5-109(6).

A knowledgeable and experienced divorce and family lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.