Legal Question in Family Law in Colorado

Parenting Plan Issue needs Resolution

My ex and I filed for divorce in 1999 and visitation, etc. was laid out in the separation agreement. When I moved, he filled out a parenting plan in 2003, had me sign it and then had it filed in the courthouse. He did not sign it. Is it binding if it was just filed and not court ordered. Can I go back to the original separation agreement and let him file a motion for a real one? Help, lost and confused. He is trying to tell me that I am in contempt of court by not giving him advance notice of my move to town he lives in. By the way this parenting plan states that I was to inform the other parent in advance or within 4 weeks of the change. The 4 weeks was added at the end instead of the in advance, or so that is what I assume. Still, is it even binding, since it was only docketed and filed in the case file?


Asked on 6/12/08, 5:05 pm

1 Answer from Attorneys

Re: Parenting Plan Issue needs Resolution

In a situation like this, one must always recognize that you are in a gray area and there is room for the Judge to disagree with you. However, if it was not signed by him, and was not adopted by the Court, you at least have a very good argument that it was nothing more than a proposal and your last ordered parenting time prior to that document controls. On the notice issue, if your last order says prior to or within 4 weeks, then as long as you notified him within 4 weeks, you are not in contempt. Under the circumstances you have described here, you probably have a good chance of winning if he takes you back to court on a contempt motion.

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Answered on 6/20/08, 6:53 pm


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