If you believe that the parenting plan and visitation plan in your case is inappropriate; poses a serious threat or danger to the child, you can approach a court to restrict parenting time.
Restricting parenting time however, is not easy. A court will require you to prove that the presence of your child’s other parent in his life, does constitute a serious safety risk. You can ask the court to restrict parenting time by filing a Motion to Modify Parenting along with an Order Re: Modification or Restriction of Parenting Time. A copy of the motion as well as the proposed parenting plan should be sent to the other parent. Also file a copy of these documents with the clerk of the court in the original case.
The court will then set a date for a hearing. However, be prepared to go to court to present evidence about this danger to the child. The evidence that you provide could include medical testimony, medical records, school records, photographs and other pieces of evidence.
You have to prove that the current plan poses a risk to the emotional or physical health to the child. The court will take any attempt to impugn the reputation of the other parent very seriously. If it finds that your charges against the other parent are baseless, it may order you to pay the other person’s attorney fees.
Only consider filing a motion to restrict parenting time based on imminent risk to the physical or mental health of the child, if you are absolutely and 100% certain that the child is in imminent physical or emotional harm under the current parenting plan.
If you want to restrict the other parent’s parenting time in your case, seek expert legal guidance from a Colorado divorce lawyer.