What Can You Do If a Parent Withholds Your Child or Moves Out of State in Colorado?

Whether your co-parent denied your scheduled parenting time this weekend or just announced plans to move out of Colorado with your child, Colorado law provides options in both situations. Which options apply to your circumstances depends on one important question: Does a court order currently exist?

This guide covers both situations, including what you can do when a parent blocks your parenting time and what happens when a parent wants to move out of Colorado with your child. If your situation involves an immediate safety concern for your child, a different legal process may apply. That situation is addressed in our guide to emergency custody orders in Colorado.

Most parenting time enforcement remedies in Colorado depend on an existing court order. Without one, a parent generally needs to first establish enforceable parental responsibilities through an APR proceeding before those tools become available.

A verbal agreement, a texted schedule, or a signed-but-never-filed document does not create enforceable parenting rights. Until a judge signs an Allocation of Parental Responsibilities (APR) order, there is little a court can enforce on your behalf.

Your situation falls into one of three categories:

APR order already in place: A parent denying the other parent their court-ordered parenting time is in violation of a binding judicial order. Contempt motions, make-up parenting time, and attorney fee awards are available remedies from the first documented violation.

Unmarried, paternity established, no order: Neither parent’s parenting time is formally enforceable yet. Filing a Petition for APR under C.R.S. § 14-10-123 triggers an automatic temporary injunction that takes effect immediately on the filing parent and upon service on the other parent restraining both parties from removing the child from Colorado without consent or court authorization. The injunction remains in effect until the court enters a final order or dismisses the petition.

Unmarried father, paternity not yet legally established: Until paternity is formally recognized through a Voluntary Acknowledgement of Paternity or a court proceeding, enforceable parenting rights generally cannot be pursued through the courts. Establishing paternity is the necessary first step.

Is It a Crime?

When an APR order exists, withholding a child can constitute a criminal offense. Under C.R.S. § 18-3-304(2), a parent who violates a court order granting custody or parental responsibilities with intent to deprive the lawful custodian of the child commits a class 5 felony. Removing the child from the country in the course of committing that offense elevates the charge to a class 4 felony under § 18-3-304(2.5).

That said, criminal prosecution is not the typical outcome in parenting time disputes. Civil contempt is the primary and more commonly pursued remedy, and it carries consequences that directly affect the parenting arrangement going forward.

Build Your Record First

Every denied exchange should be logged: the date, the scheduled time and location, what happened, and every related communication. Do not delete anything. This documentation can become important evidence supporting a contempt motion, and courts assess patterns a single incident, while actionable, carries less weight than a documented history of non-compliance.

File a Motion for Contempt

A contempt motion is filed in the same court that issued the APR order. You need to demonstrate that the order existed, the other parent knew its terms, and the failure to comply was deliberate rather than accidental. A parent who simply disagreed with the schedule and chose not to follow it has met that standard.

Remedies available on a successful contempt motion include make-up parenting time, attorney fees and court costs under C.R.S. § 14-10-129.5, modification of the parenting plan, and in cases where violations are documented and serious, a change in which parent holds primary parenting time.

Police Involvement — Limited but Available

Whether and how law enforcement responds to a parenting time dispute can depend heavily on the order’s specific language, the circumstances, and local practice. In general, if you have a certified copy of the APR order and the other parent is actively refusing to return the child at a scheduled exchange time, officers may be able to assist in enforcing unambiguous order terms. Police are not in a position to interpret ambiguous language or resolve factual disagreements about the parenting schedule; those determinations belong to the court.

If the child’s safety is at issue, not just the schedule that warrants a different response. The emergency restriction process under C.R.S. § 14-10-129(4) is addressed in the guide on emergency custody orders in Colorado.

What Not to Do

Do not retaliate by withholding the child during your own parenting time. Colorado courts assess both parents’ compliance with the existing order your violation does not cancel theirs, it adds a second one to the record.

Do not file a protective order as a tactical move to block the other parent’s access. Under C.R.S. § 13-17-102, a filing found to be substantially frivolous or groundless can result in attorney fees assessed against you. Family court judges are experienced at identifying the difference between a legitimate safety concern and a procedural maneuver in a parenting time dispute.

“Parental alienation” is not defined in Colorado’s APR statutes, but C.R.S. § 14-10-124(1.5)(a)(VII) requires courts to weigh each parent’s willingness to encourage and support the child’s relationship with the other parent. That factor can encompass conduct such as blocking communication, making negative statements about the other parent to the child, or influencing a child’s refusal of parenting time.

Documented conduct of this kind carries evidentiary weight in modification proceedings. The weight it carries depends on the specific circumstances and how it is presented evidence can take many forms, and courts evaluate it accordingly.

On child refusals: a child saying they don’t want to attend parenting time does not, by itself, release the custodial parent from the obligation to make genuine efforts to facilitate the exchange. Courts assess whether a refusal reflects the child’s independent preference or the result of parental influence, a distinction that becomes more significant the younger the child is. Consistent non-facilitation framed solely as “the child refused,” without evidence of actual effort, can support a contempt finding.

C.R.S. § 14-10-124 prohibits Colorado courts from considering a parent’s sex in APR decisions. There is no statutory preference for either parent.

In practice, fathers dealing with parenting time interference are typically in one of three situations: an existing order that reflects older caregiving patterns more than current reality; a co-parent who is non-compliant with an order that does provide substantial parenting time; or no order at all, with informal arrangements breaking down.

Organizations like Biondino Law Firm provide peer support for fathers in high-conflict custody situations. Legal representation remains the most effective tool in formal enforcement and modification proceedings. Biondino Law Firm handles parenting time enforcement cases across Denver and the surrounding counties call (720) 706-5151.

No APR Order in Place

Filing a Petition for APR under C.R.S. § 14-10-123 triggers an automatic temporary injunction that takes effect immediately on the filing parent and upon service on the other parent preventing either from removing the child from Colorado without consent or court authorization while the case is pending. If the other parent receives notice of the petition and leaves with the child anyway, that becomes a violation of a court order.

If no petition has been filed yet, the other parent can still file immediately. Under C.R.S. § 14-13-201, Colorado has home state jurisdiction over the child’s custody for six months after the child’s departure provided at least one parent remains in Colorado and a proceeding is commenced within that period. The specific application of the six-month rule depends on the facts of the case and should be reviewed with an attorney promptly, as timing is critical.

APR Order Exists — The Relocation Process

Under C.R.S. § 14-10-129(1)(a)(II), a parent seeking to relocate in a way that substantially changes the child’s geographical ties to the other parent must provide written notice as soon as practicable. That notice must include the proposed new location, the reason for the move, and a proposed revised parenting plan.

Both parents then attempt to reach an agreement. If they cannot, either parent may request a court hearing which the statute gives docket priority. If the non-relocating parent does not respond after receiving proper notice, that failure may be treated as acquiescence to the proposed relocation and plan, though the court retains discretion. Neither parent should assume that silence from the other side resolves the matter without court review.

What Courts Weigh in Relocation Disputes

Colorado applies no presumption for or against relocation. The court evaluates each case on its facts, considering:

• The reason for the move, and whether it reflects a legitimate life circumstance or an attempt to limit the other parent’s access
• How the relocation would affect the non-relocating parent’s parenting time in practical terms
• Whether a realistic revised parenting schedule can be constructed around the distance
• The child’s existing ties to their community school, relationships, activities weighed against what the new location genuinely offers

A workable revised schedule is often the deciding factor. Courts approve relocations where a specific, realistic long-distance plan can be built. A sympathetic reason for moving, without a credible plan for maintaining the child’s relationship with the other parent, is generally not sufficient on its own.

Primary Parenting Time Does Not Mean the Right to Relocate

A parent with primary parenting time does not have unilateral authority to move with the child. The relocation process under C.R.S. § 14-10-129(1)(a)(II) applies regardless of the current parenting time split including to parents in 50/50 arrangements. The existing allocation is one factor in the court’s analysis, not a bypass of the notice, objection, and hearing process.

Co-Parent Already Left Without Following the Process

That is a violation of the APR order. File with the Colorado court immediately. Colorado’s home state jurisdiction under C.R.S. § 14-13-201 provides a window to pursue the case in Colorado, but the specific conditions and timing requirements should be reviewed with an attorney without delay. If the child was taken across state lines in violation of an existing order, contact both an attorney and law enforcement this may implicate federal parental abduction law in addition to the Colorado contempt process.

Moving Within Colorado

An intrastate move does not trigger the relocation statute. However, if a move within Colorado materially affects the logistics of the existing parenting plan school district, exchange feasibility, travel time a modification motion is the appropriate path. That process is covered in the guide on modifying a parenting plan in Colorado.

A parenting schedule in a divorce decree is a court order, fully enforceable and not subject to unilateral revision after the divorce is finalized. A former spouse cannot change the arrangement on their own because circumstances have shifted that requires a formal modification motion.

If you have been consistently denied access under an existing decree, the contempt process above applies. If no parenting time order exists at all, the starting point is filing a Petition for APR (JDF 1420).

The Colorado child custody attorneys at Biondino Law Firm handle APR petitions, contempt motions, and enforcement proceedings across Denver, Adams County, Jefferson County, Douglas County, and the surrounding counties. The visitation rights page covers the parenting time enforcement framework in more detail.

Three situations, three clear next steps:

No court order exists: File a Petition for APR immediately. The automatic injunction triggers upon filing and protects against removal of the child from Colorado while the case proceeds.

An order exists and is being violated: Document every incident and file a contempt motion in the court that issued the order.

Relocation occurred without proper notice: File with the Colorado court immediately to preserve jurisdictional options and seek enforcement of the existing order.

Biondino Law Firm handles parenting time enforcement, contempt motions, and relocation disputes across Denver, Adams County, Jefferson County, Douglas County, and the surrounding counties. Call (720) 706-5151.

We have 50/50 parenting time and one parent wants to move out of state. What does Colorado require?

The relocation statute applies to 50/50 arrangements. The relocating parent must follow the notice process, and if the other parent objects, a court hearing is required. The court evaluates whether the move is in the child’s best interests and whether a workable revised plan can be built around the new distance.

Can I move out of state with my child if we have no court order?

Filing a Petition for APR immediately triggers an automatic temporary injunction under C.R.S. § 14-10-123 preventing either parent from removing the child from Colorado. If the other parent has already left, Colorado’s home state jurisdiction under C.R.S. § 14-13-201 may allow a Colorado court to hear the custody case but the specific conditions and timing matter significantly. An attorney should be consulted without delay.

Can I still file in Colorado if my child now lives in another state?

Under C.R.S. § 14-13-201, Colorado may retain home state jurisdiction for a defined period after the child’s departure, provided specific conditions are met including at least one parent remaining in Colorado. The precise application depends on the facts. Filing as soon as possible is essential, as jurisdictional options become more limited over time.

Exchanges have become consistently hostile. What can the court do?

Courts can modify an APR order specifically to address exchange logistics designating a neutral location, requiring a third-party facilitator, or restructuring the schedule to reduce direct contact. A documented pattern of hostile exchanges also supports a broader modification motion if the current plan is not serving the child’s best interests.

Can my child refuse court-ordered parenting time?

The custodial parent remains obligated to make genuine efforts to facilitate the exchange. Courts assess whether a refusal reflects the child’s independent preference or parental influence. Consistent non-facilitation presented as “the child refused” without evidence of actual effort can form the basis of a contempt motion.