A motion is a request made by a party upon which the court issues a ruling or order. The goal of temporary orders is to establish legally binding guidelines that will increase stability during a separation and the time leading up to the Colorado divorce or an allocation of parental responsibilities. By filing a motion for temporary orders, your attorney is requesting that the court grant orders for you to receive the following on a temporary basis until the Court can make its ruling in the final decree:
- Allocation of parental rights and responsibilities (decision making responsibility)
- Child support
- Parenting time
- The use and possession of marital assets
- Payment of marital debts
- Payment of attorneys’ fees and costs
In order for your attorney to file a motion, you must have a case pending before the court. You must have filed a petition for dissolution of marriage or a petition for allocation of parental responsibilities before you can request that the court issue temporary orders.
A court date is often set for temporary orders with the hope that both parties can agree, in writing, to the temporary arrangements. If an agreement is submitted to the court and becomes a court order prior to the hearing, then the court date is vacated. Temporary orders do not dictate what is contained in the permanent orders, as the scope of the temporary orders and the time allowed, is limited.
If the judge or magistrate rules in a manner that you think is unfair, most courts will allow your attorney to file a motion for reconsideration or a motion for review. A motion for reconsideration will allow you to ask the court to reconsider the ruling. You still maintain the right to a trial on all disputed issues.
When making an appearance in court, it is important to always act and appear in a manner that is respectful and courteous. When speaking to the judge/magistrate, you should refer to him or her as "your honor" or "this court." If you disagree with what is being said, do not interrupt, but wait for the other party to finish and then ask the judge or magistrate for permission to speak.
Temporary orders terminate when the final decree is entered in your case or when the petition for dissolution of marriage or allocation of parental responsibilities is withdrawn or dismissed. The Court can also continue temporary orders to a date certain for good cause.
Emergency Orders in Colorado Divorce & Child Custody
Various emergencies can arise in a Colorado family case. In many cases, emergencies will relate to custody. In instances where “imminent danger” is present, Colorado state law authorizes the filing of an emergency motion. “Imminent” means something that has happened recently rather than years ago; the threat to the child must be current.
If you think the other parent is endangering the child(ren), you can, under Colorado law, file an Emergency Motion to Restrict Parenting Time. This motion can be filed in pre-decree cases (before final orders are entered), or post-decree (after final orders are entered). If you are considering filing such a serious motion or if you have had one filed against you, consult with an experienced Colorado family law attorney immediately. The experienced family law attorneys at Halligan LLC can help you navigate the complex system of law involved with child endangerment.
When the court grants the emergency motion, visitation for the accused parent must be supervised until there is a hearing. After the filing of a motion to restrict, there must be a contested court hearing within 14 days, as required by state law. During the hearing, the court will decide whether to restrict the parenting time for longer, put fewer restrictions on the accused parent’s parenting time, or deny the motion.
Having a skilled and knowledgeable attorney is critical. An experienced lawyer will be able to thoroughly review the case and help protect your rights and the rights of your children.
Colorado courts can issue emergency orders that help prevent certain types of harm. At Halligan LLC, we have the capacity to act promptly by filing emergency motions and appearing before the court. Common situations include:
- Substance abuse that puts the child in danger
- Mistreatment or physical abuse
- Sexual abuse
- Domestic violence
- Acute mental illness
- Parent abandonment
- Medical neglect that puts the child in danger
Again, emergency orders are temporary, and will usually remain in place until the scheduled hearing.
What Does Emergency Parenting Time Entail?
Emergency parenting time is a temporary modification of the existing parenting plan. In some instances, all parenting time with the other parent is automatically suspended. In most instances, parenting time may only be allowed under supervised conditions.
This temporary modification is typically only good for a short period of time. Within a few weeks, the other parent will get their opportunity in court. Then, the court will review the evidence and decide whether to continue with the limited parenting time or dismiss the emergency motion.
It’s important to contact an experienced Denver family law attorney at Halligan LLC if you want to modify your parenting time schedule. Our legal team is prepared to help you with your child endangerment case. When your child’s safety is on the line, you cannot afford to take any chances.
Contact Us Today
At Halligan LLC, we understand that issues such as spousal support and child custody are among the most stressful aspects of your divorce. With our skilled legal assistance, you and your family can transition to a more peaceful future. We regularly handle emergency orders in Denver family law cases, and we are ready to help you.
For help with your case, contact Halligan LLC today at (720) 608-2361 to schedule a consultation with one of our skilled and compassionate Denver family law attorneys.
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Craig Franklin Chambers, Attorney at Law
Real Estate Lawyer and Denver Divorce Blog. (Vol 1.68) December 6, 2015
By Craig Franklin Chambers Esq. 7851 S. Elati Street #204, Littleton, CO 80120
The Littleton Lawyer.
As a lawyer focusing in real estate law and divorce and family law in Littleton, Lakewood, Highlands Ranch, Roxborough Park, South Jeffco, and the surrounding areas, I often run into the issue of temporary orders.
If the case is simply a Colorado child custody case, the temporary orders concerns temporary parenting time, visitation, decision-making and child support. If it is a divorce, the case also includes temporary alimony or spousal support, temporary division of the parties personal property, assets and debts. Either way, the case may be subject to Temporary Orders.
The first thing to know, if you want temporary orders, you have to ask them for. Usually by written motion, and usually early on in the case, preferably at the initial status conference. No one is pushing your legal action through the court system, and if you want relief from the court in the form of temporary relief, you need to ask for it in a motion and follow-up and pursue it.
The second thing to know is that temporary orders are supposed to be temporary, to maintain the status quo until the case settles or the final permanent orders hearing date. The orders are "without prejudice" which means they are not binding on the court for permanent orders.
The purpose of the temporary orders is to help the parties survive financially temporarily. In a Colorado divorce, the permanent orders hearing could be seven or eight months down the road so temporary orders are significant part of the divorce process.
The third thing to know, although the temporary orders are legally temporary, they can easily become the basis for permanent orders. A divorce is an equitable proceeding. That means the court will apply the statutory factors as well as consider issues of fairness in rendering its decisions. While the temporary orders are not binding, the court can consider whatever evidence is brought up at the temporary orders hearing.
For example, if the child is placed with one parent over the other temporarily, and the child gets accustomed to that environment, gets used to his new school, and appears to thrive in his new environment, that becomes the status quo for the child.
Even if the parenting plan was supposed to be temporary, in applying the best interest standards as set forth in C.R.S. 14-10-124 and C.R.S. 14-10-129, the court is reluctant to change a parenting plan that it seems to be working.
In that sense, practically speaking, temporary orders may be legally temporary or without prejudice but in practice they often become the basis for permanent orders. It is important to properly investigate, negotiate, or litigate temporary order issues early on, and set a desirable pattern and precedent for the child. When it comes to disputes of custody, visitation, allocation of parental responsibilities, decision-making and parenting time, these types of cases are often lost or won on temporary orders.
Temporary Orders Hearings Colorado Springs
Temporary Orders Hearing Process
Before temporary orders—often called a PDL motion in other states—are entered, the attorneys of the petitioner and respondent in a legal separation or divorce case conduct a good faith settlement conference.
This conference can be done in person or over the phone and operates like an informal mediation to ensure the details of the orders are determined. The decisions following this conference are then brought to the temporary orders hearing which both spouses must attend.
During the temporary orders hearing process, a magistrate—an administratively appointed judge that operates in different capacities than a typical judge—conducts the hearing over the course of about an hour.
Once the orders are entered into the record, they stay into effect until final orders are issued. However, there are certain exceptions when emergency orders may have to be entered as explained below.
When Emergency Orders are Needed
Emergency orders may be entered if the parent has grounds for wishing them to be entered. For example, if the child is at imminent risk of physical or psychological harm, the magistrate may enter emergency orders at an expedited pace compared to the usual temporary orders.
Other circumstances that may necessitate emergency orders being issued may included a financial emergency. However, there are no specific guidelines as to what can and cannot constitute an emergency, so it is up to the magistrate to deem the circumstances severe enough to grant them.
Changing Permanent Orders in a Legal Separation or Divorce
While it is possible to change permanent orders concerning division of property after they go into effect, it is unusual and only allowed under very narrow circumstances. Changes for other issues such as child custody (parenting time), spousal maintenance, or child support modifications, are more common due to changes in the family’s life, financial changes, remarriage and the children simply growing up.
It is wise to make changes to permanent orders intentionally and formally rather than just making your own adjustments on a handshake agreement. Your attorney can provide guidance if you have questions specific to your situation.
For orders colorado temporary motion
2016 Colorado Revised Statutes
Title 14 - Domestic Matters
Dissolution of Marriage - Parental Responsibilities
Article 10 - Uniform Dissolution of Marriage Act
§ 14-10-125. Temporary orders
CO Rev Stat § 14-10-125 (2016) What's This?
(1) A party to a proceeding concerning the allocation of parental responsibilities may move for a temporary order. The court may allocate temporary parental responsibilities, including temporary parenting time and temporary decision-making responsibility, after a hearing.
(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary order concerning the allocation of parental responsibilities is vacated unless a parent or the person allocated parental responsibilities moves that the proceeding continue as a proceeding concerning the allocation of parental responsibilities and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a decree concerning the allocation of parental responsibilities be issued.
(3) If a proceeding concerning the allocation of parental responsibilities commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary order concerning the allocation of parental responsibilities is vacated.
Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Temporary orders are an option for quicker resolution of time-sensitive matters, such as parenting time or support. They are intended to maintain the status quo as much as possible until permanent orders enter in a domestic relations case. Temporary orders are helpful for those who desire a faster, temporary resolution. The hearings are expedited and usually occur within 45 days. Temporary orders can cover matters such as support and parenting time when parties can not agree on their own arrangements, as well as provide for use of the marital home.
Domestic Relations cases can take varying amounts of time to complete depending on factors such as whether discovery, i.e. information gathering, from the other party is required. Temporary orders hearings can be especially important in cases where one parent is being denied access to the children or where one party requires financial support from the other. The temporary orders hearing is much shorter than a permanent orders hearing; often is set for just an hour, however it is important because it creates a precedent. If the precedent is effective, courts may be inclined to continue it at a permanent orders hearing. As with any legal matter, agreements between the parties can avoid hearings and there are many advantages to that approach, to include more constructive future family relationships.
Temporary orders do not address non-urgent issues, such as equitable distribution. Some jurisdictions are less likely to grant a temporary orders hearing. You may need to request a temporary orders hearing at the initial status conference (ISC). The ISC is the first meeting in the court setting and it generally takes place within 42 days of case filing. In other jurisdictions, the court requires a motion for temporary orders which must explain why a temporary order is needed. Temporary orders hearings are different from emergency hearings, which are even more expedited hearings. Emergency orders hearings are decided under a child endangerment standard. You can find more information about emergency orders on the emergency orders practice page.
Like a permanent orders hearing, a temporary orders hearing involves the presentation of evidence. Testimony from parties and witnesses and the submission of evidence is involved. Parties can always reach agreement prior to the temporary orders hearing, which can then be filed as a stipulation with the court. Temporary orders hearings may involve simpler procedures. Unlike a permanent orders hearing, disclosure of witnesses or submission of a joint trial management certificate may not be required prior to the hearing. Mediation is often required prior to a temporary orders hearing.
Permanent orders eventually replace temporary orders. Violations of temporary orders are subject to enforcement and contempt of court proceedings while they are in effect. Temporary orders can also be modified, particularly as to support or parenting time, however in practice this rarely happens because such changes would be addressed at the permanent orders hearing.
Is it time to turn change into opportunity? At Janko Law and Mediation, LLC we know how to work with you to reach your transition goals. We are committed to pursuing settlement to preserve family relations to the maximum extent possible, however also zealously represent your interests in contested litigation if desired or necessary. Give us a call for a complimentary case assessment at 720-780-0115, or fill out our confidential online intake form.
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