What does a parent do when he/she thinks their child might be abused? If you think the perpetrator is your ex-spouse or someone associated with your ex-spouse, obviously the first thing to do is to discuss it. If you and your ex cannot reach an agreement there is a legal remedy.
Colorado law permits a motion to restrict parenting time to be filed, and it must allege that the child is in “imminent physical or emotional danger due to the parenting time or contact by the parent”. After it is filed, parenting time is suspended for fourteen days from the date of filing.
During that fourteen-day period, parenting time may be arranged and must be supervised by an “unrelated third party deemed suitable by the court or a licensed mental health professional”. The court must hold a hearing within fourteen days after the filing of the motion.
Take Care When Filing Such A Motion
One must file this motion cautiously. Colorado law requires that if the court were to find that the filing of the motion was “substantially frivolous, groundless, or substantially vexatious” the court must order the moving parent to pay the other’s reasonable attorney fees and costs.
It is a good idea to confirm any beliefs soundly, possibly through a child therapist, or if there are injuries to use photographs and obtain medical records. In most cases, unless there is something very obvious, your word alone is not enough!