reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-123.3 - Requests for parental responsibility for a child by grandparents

Whenever a grandparent seeks parental responsibility for his or her grandchild pursuant to the provisions of this article, the court entering such order shall consider any credible evidence of the grandparent's past conduct of child abuse or neglect. Such evidence may include, but shall not be limited to, medical records, school records, police reports, information contained in records and reports of child abuse or neglect, and court records received by the court pursuant to section
19-1-307 (2)(f)
, C.R.S.
L. 91: Entire section added, p. 261, § 1, effective May 31. L. 98: Entire section amended, p. 1378, § 4, effective 2/1/1999. L. 2003: Entire section amended, p. 1401, § 4, effective 1/1/2004.
For the legislative declaration contained in the 2003 act amending this section, see section 1 of chapter 196, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-123.4 - Rights of children in matters relating to parental responsibilities

(1)
The general assembly hereby declares that children have certain rights in the determination of matters relating to parental responsibilities, including:
(a)
The right to have such determinations based upon the best interests of the child;
(b)
The right to be emotionally, mentally, and physically safe when in the care of either parent; and
(c)
The right to reside in and visit in homes that are free of domestic violence and child abuse or neglect.
Amended by 2013 Ch. 218, §1, eff. 7/1/2013.
L. 87: Entire section added, p. 574, § 1, effective July 1. L. 98: Entire section amended, p. 1378, § 5, effective 2/1/1999. L. 2013: Entire section amended, (HB 13-1259), ch. 218, p. 995, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-123.5 - [Repealed]

L. 83: Entire section added, p. 645, § 2, effective June 10. L. 84: (4) amended, p. 1118, § 10, effective June 7. L. 87: (1) and (6) amended and (8) added, pp. 574, 575, §§ 5, 2, effective July 1; (6) repealed, p. 577, § 2, effective July 1. L. 98: (9) added by revision, pp. 1378, 1415, §§ 6, 85.
Subsection (9) provided for the repeal of this section, effective February 1, 1999. (See L. 98, pp. 1378, 1415.)
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-123.8 - Access to records

Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.
L. 98: Entire section added, p. 1380, § 9, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-124.3 - [Repealed]

Repealed by 2014 Ch. 167,§2, eff. 7/1/2014, and applies to convictions occurring on or after July 1, 2013.
Added by 2013 Ch. 353,§4, eff. 7/1/2013.
L. 2013: Entire section added, (SB 13-227), ch. 353, p. 2059, § 4, effective July 1. L. 2014: Entire section repealed, (HB 14-1162), ch. 167, p. 586, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-125 - Temporary orders

(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.
L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-25. L. 84: (1) amended, p. 479, § 1, effective March 16. L. 98: Entire section amended, p. 1383, § 11, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-126 - [Effective until 8/7/2024] Interviews

(1)
The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made, and it shall be made part of the record in the case.
(2)
The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel of record, parties, and other expert witnesses upon request, but it shall otherwise be considered confidential and shall be sealed and shall not be open to inspection, except by consent of the court. Counsel may call for cross-examination any professional personnel consulted by the court.
L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-26. L. 98: (1) amended, p. 1384, § 12, effective 2/1/1999.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-126 - [Effective 8/7/2024] Interviews

(1)
(as amended by Laws 2024, ch. 131, § 18)
The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel or a licensed legal paraprofessional to be present at the interview. The court shall cause a record of the interview to be made, and the interview must be made part of the record in the case.
(1)
(as amended by Laws 2024, ch. 344, § 4)
Upon a motion, the court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made, and it must be made part of the record in the case. The court shall make findings in its order that explain the reason why the court granted or denied a request to interview the child in chambers.
(2)
(as amended by Laws 2024, ch. 131, § 18)
The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given must be in writing and made available by the court to counsel of record or licensed legal paraprofessional of record, parties, and other expert witnesses upon request, but the advice must otherwise be considered confidential, be sealed, and not be open to inspection, except by consent of the court. Counsel or a licensed legal paraprofessional may call for cross-examination any professional personnel consulted by the court.
(2)
(as amended by Laws 2024, ch. 344, § 4)
The court shall give paramount consideration to cases involving an allegation made by a child regarding domestic violence, child abuse or neglect, or child sexual abuse in determining whether to grant a request to interview a child in chambers.
(3)
The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given must be in writing and must be made available by the court to counsel of record, parties, and other expert witnesses upon request, but it must otherwise be confidential and must be sealed and not be open to inspection, except by consent of the court. Counsel may call for cross-examination of any professional personnel consulted by the court.
Amended by 2024 Ch. 344,§ 4, eff. 8/7/2024.
Amended by 2024 Ch. 131,§ 18, eff. 8/7/2024.
L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-26. L. 98: (1) amended, p. 1384, § 12, effective 2/1/1999.
2024 Ch. 344, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-128 - Hearings

(1)
Proceedings concerning the allocation of parental responsibilities with respect to a child shall receive priority in being set for hearing.
(2)
The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interests of the child.
(3)
The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a hearing concerning the allocation of parental responsibilities but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.
(4)
If the court finds it necessary in order to protect the child's welfare that the record of any interview, report, investigation, or testimony in a proceeding concerning the allocation of parental responsibilities be kept secret, the court shall make an appropriate order sealing the record.
L. 71: R&RE, p. 531, § 1. C.R.S. 1963: § 46-1-28. L. 98: (1), (3), and (4) amended, p. 1386, § 14, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-128.5 - Appointment of arbitrator - de novo hearing of award

(1)
With the consent of all parties, the court may appoint an arbitrator to resolve disputes between the parties concerning the parties' minor or dependent children, including but not limited to parenting time, nonrecurring adjustments to child support, and disputed parental decisions. Notwithstanding any other provision of law to the contrary, all awards entered by an arbitrator appointed pursuant to this section shall be in writing. The arbitrator's award shall be effective immediately upon entry and shall continue in effect until vacated by the arbitrator pursuant to part 2 of article
22
of title
13
, C.R.S., modified or corrected by the arbitrator pursuant to part 2 of article
22
of title
13
, C.R.S., or modified by the court pursuant to a de novo hearing under subsection (2) of this section.
(2)
Any party may apply to have the arbitrator's award vacated, modified, or corrected pursuant to part 2 of article
22
of title
13
, C.R.S., or may move the court to modify the arbitrator's award pursuant to a de novo hearing concerning such award by filing a motion for hearing no later than thirty-five days after the date of the award. In circumstances in which a party moves for a de novo hearing by the court, if the court, in its discretion based on the pleadings filed, grants the motion and the court substantially upholds the decision of the arbitrator, the party that requested the de novo hearing shall be ordered to pay the fees and costs of the other party and the fees of the arbitrator incurred in responding to the application or motion unless the court finds that it would be manifestly unjust.
L. 97: Entire section added, p. 33, § 2, effective July 1. L. 2004: Entire section amended, p. 1731, § 3, effective August 4. L. 2005: Entire section amended, p. 956, § 2, effective June 2. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 833, § 32, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-130 - Judicial supervision

(1)
Except as otherwise agreed by the parties in writing at the time of the decree concerning the allocation of parental responsibilities with respect to a child, the person or persons with responsibility for decision-making may determine the child's upbringing, including his or her education, health care, and religious training, unless the court, after hearing and upon motion by the other party, finds that, in the absence of a specific limitation of the person's or persons' decision-making authority, the child's physical health would be endangered or the child's emotional development significantly impaired.
(2)
If both parties or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order the county or district welfare department to exercise continuing supervision over the case to assure that the terms relating to the allocation of parental responsibilities with respect to the child or parenting time terms of the decree are carried out.
Amended by 2015 Ch. 99, §2, eff. 8/5/2015.
L. 71: R&RE, p. 531, § 1. C.R.S. 1963: § 46-1-30. L. 93: (2) amended, p. 580, § 13, effective July 1. L. 98: Entire section amended, p. 1388, § 17, effective 2/1/1999. L. 2015: (2) amended, (SB 15-099), ch. 99, p. 289, § 2, effective August 5.
For the legislative declaration contained in the 1993 act amending subsection (2), see section 1 of chapter 165, Session Laws of Colorado 1993.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-131 - Modification of custody or decision-making responsibility

(1)
If a motion for modification of a custody decree or a decree allocating decision-making responsibility has been filed, whether or not it was granted, no subsequent motion may be filed within two years after disposition of the prior motion unless the court decides, on the basis of affidavits, that there is reason to believe that a continuation of the prior decree of custody or order allocating decision-making responsibility may endanger the child's physical health or significantly impair the child's emotional development.
(2)
The court shall not modify a custody decree or a decree allocating decision-making responsibility unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or the child's custodian or party to whom decision-making responsibility was allocated and that the modification is necessary to serve the best interests of the child. The trial court retains jurisdiction to modify an order allocating decision-making responsibility pursuant to this section during the pendency of an appeal. In applying these standards, the court shall retain the allocation of decision-making responsibility established by the prior decree unless:
(a)
The parties agree to the modification;
(b)
The child has been integrated into the family of the petitioner with the consent of the other party and such situation warrants a modification of the allocation of decision-making responsibilities;
(b.5)
There has been a modification in the parenting time order pursuant to section
14-10-129
, that warrants a modification of the allocation of decision-making responsibilities;
(b.7)
A party has consistently consented to the other party making individual decisions for the child which decisions the party was to make individually or the parties were to make mutually; or
(c)
The retention of the allocation of decision-making responsibility would endanger the child's physical health or significantly impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.
Amended by 2021 Ch. 116, §4, eff. 5/7/2021.
L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-31. L. 83: (1) and IP(2) amended, p. 648, § 5, effective June 10. L. 98: Entire section amended, p. 1389, § 18, effective 2/1/1999.
Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides that the act changing this section applies to any request to modify an order appealed on, after, or before May 7, 2021.
(1) For the "Uniform Child-custody Jurisdiction and Enforcement Act", see article 13 of this title 14. (2) For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-131.3 - [Repealed]

Repealed by 2013 Ch. 174,§1, eff. 5/10/2013.
L. 2008: Entire section added, p. 331, § 1, effective August 5. L. 2013: Entire section repealed, (HB 13-1200), ch. 174, p. 624, § 1, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-131.5 - [Repealed]

L. 83: Entire section added, p. 646, § 2, effective June 10. L. 98: Entire section repealed, p. 1390, § 19, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-131.7 - Designation of custody for the purpose of other state and federal statutes

For purposes of all other state and federal statutes that require a designation or determination of custody, the parenting plan set forth in the court's order shall identify the responsibilities of each of the parties.
L. 98: Entire section added, p. 1390, § 20, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-131.8 - Construction of 1999 revisions

The enactment of the 1999 revisions to this article 10 does not constitute substantially changed circumstances for the purposes of modifying decrees involving child custody, parenting time, or grandparent or great-grandparent family time. Any action to modify any decree involving child custody, parenting time, grandparent or great-grandparent family time, or a parenting plan is governed by the provisions of this article 10.
Amended by 2023 Ch. 243,§ 4, eff. 8/7/2023.
Amended by 2014 Ch. 374, §5, eff. 6/6/2014.
L. 98: Entire section added, p. 1390, § 20, effective 2/1/1999. L. 2014: Entire section amended, (HB 14-1362), ch. 374, p. 1789, § 5, effective June 6.
2023 Ch. 243, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-132 - Affidavit practice

A party seeking the modification of a custody decree or a decree concerning the allocation of parental responsibilities shall submit, together with his or her moving papers, an affidavit setting forth facts supporting the requested modification and shall give notice, together with a copy of his or her affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.
L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-32. L. 84: Entire section amended, p. 479, § 2, effective March 16. L. 98: Entire section amended, p. 1390, § 21, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-133 - Effective date - applicability

This article shall take effect January 1, 1972, and shall apply only to actions affected by this article which are commenced on or after such date; all such actions commenced prior to said date shall be governed by the laws then in effect.
L. 71: p. 532, § 3. C.R.S. 1963: § 46-1-33.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10.5 - PARENTING TIME ENFORCEMENT ACT (§§ 14-10.5-101 — 14-10.5-104) › Section 14-10.5-101 - Short title

This article shall be known and may be cited as the "Colorado Parenting Time Enforcement Act".
L. 97: Entire article added, p. 972, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10.5 - PARENTING TIME ENFORCEMENT ACT (§§ 14-10.5-101 — 14-10.5-104) › Section 14-10.5-102 - Legislative declaration

(1)
The general assembly finds and declares that in most situations it is important to the healthy development of children that the children spend quality time with both parents. The general assembly further finds that due to dissolution of marriage, legal separation, and children born to single parents, families are often divided. As a result, many children do not have the opportunity to spend the time with both parents that a court may have determined is in their best interests.
(2)
The general assembly further finds that the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, allows states to seek grants of federal funds for the establishment and administration of programs and to support and facilitate children's access to time with their noncustodial parent.
(3)
It is the purpose of this article to enhance children's opportunities for access to their parent with whom the child does not reside the majority of the time pursuant to court order in compliance with any orders entered in that regard. To that end, the general assembly hereby determines that it is appropriate for the state to seek the federal grant described in section 391 of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, in order to explore alternative methods by which to support and facilitate a child's access to and time with his or her parent with whom the child does not reside the majority of the time in contested parenting time proceedings.
Amended by 2018 Ch. 96, §9, eff. 8/8/2018.
L. 97: Entire article added, p. 972, § 2, effective August 6. L. 98: (3) amended, p. 1400, § 47, effective 2/1/1999. L. 2018: (1) amended, (SB 18-095), ch. 96, p. 754, § 9, effective August 8.
For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10.5 - PARENTING TIME ENFORCEMENT ACT (§§ 14-10.5-101 — 14-10.5-104) › Section 14-10.5-103 - [Repealed]

L. 97: Entire article added, p. 973, § 2, effective August 6. L. 98: Entire section repealed, p. 1400, § 48, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10.5 - PARENTING TIME ENFORCEMENT ACT (§§ 14-10.5-101 — 14-10.5-104) › Section 14-10.5-104 - Parenting time enforcement program - authorization

(1)
(a)
The appropriate state agency, as determined by the governor, is hereby authorized to develop a parenting time enforcement program. The program, if developed, shall comply with all requirements and restrictions, if any, set forth in federal law or in federal regulation promulgated by the secretary of the federal department of health and human services and, if in compliance with federal law and regulation, shall address the enhancement and facilitation of children's access to the parents with whom such children reside less than the majority of the time by any one or any combination of the following methods:
(I)
Mediation, both voluntary and mandatory;
(II)
Family counseling;
(III)
Parental education;
(IV)
Development of parenting plans;
(V)
Parenting time enforcement procedures, including monitored parenting time, supervised parenting time, or neutral drop-off and pickup locations;
(VI)
Parenting time guidelines;
(VII)
Alternative arrangements with respect to parental responsibilities.
(b)
The parenting time enforcement program, if developed, may be operated on a statewide basis or on a representative pilot basis.
(2)
The selected state agency shall monitor, evaluate, and report on the parenting time enforcement program, if developed, in accordance with the regulations prescribed by the secretary of the federal department of health and human services. Such agency shall also evaluate and report on the effectiveness of the amendments made to section
14-10-129.5
, as contained in House Bill 97-1164.
L. 97: Entire article added, p. 973, § 2, effective August 6. L. 98: IP(1)(a) and (1)(a)(VII) amended, p. 1400, § 49, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-101 - Legislative declaration

It is the declared public policy of this state to maintain desirable marital and family relations; to promote and foster the marriage relationship and reconciliation of estranged spouses; and to take reasonable measures to preserve marriages, particularly where minor children are involved, in the interest of strengthening the family life foundation of our society, and in reducing the economic and social costs to the state resulting from broken homes. In furtherance of this policy, it is the purpose of this article to make competent marriage counseling services available through the district courts of the state to spouses involved in domestic difficulties.
L. 60: p. 131, § 1. CRS 53: § 46-5-1. C.R.S. 1963: § 46-5-1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-102 - Domestic relations counselor - assistants - term

Subject to the provisions of section
13-3-105
, C.R.S., the chief judge of any judicial district may appoint one or more domestic relations counselors and such other persons as assistants and clerks as may be deemed necessary to serve during the pleasure of the appointing power.
L. 60: p. 131, § 1. CRS 53: § 46-5-2. C.R.S. 1963: § 46-5-2. L. 79: Entire section R&RE, p. 602, § 29, effective July 1. L. 80: Entire section amended, p. 519, § 1, effective January 29.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-103 - [Repealed]

L. 60: p. 132, § 1. CRS 53: § 46-5-3. C.R.S. 1963: § 46-5-3. L. 79: Entire section repealed, p. 602, § 30, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-104 - Duties of domestic relations counselors

(1)
Domestic relations counselors shall, under the supervision of and as directed by the judge of the district court in which they are serving, perform the following duties:
(a)
Promptly consider all requests for counseling for the purpose of disposing of such requests pursuant to this article;
(b)
Counsel husband or wife or both under a schedule of fees set by the judge of the district court wherein the case is heard, said fee to be paid by either the husband or wife or jointly by the husband and wife, as determined by the court, whether or not a petition for dissolution of marriage, declaration of invalidity of marriage, or legal separation has been filed, if the spouses have marital difficulties which may lead to a termination of the marriage relationship;
(c)
If, in the judgment of the counselor, prolonged counseling is necessary or if it appears that medical, psychiatric, or religious assistance is indicated, refer the husband or wife or both to a physician, psychiatrist, psychologist, social service agency, or clergyman of any religious denomination to which the parties may belong.
L. 60: p. 132, § 1. CRS 53: § 46-5-4. C.R.S. 1963: § 46-5-4.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-105 - Counseling proceedings to be private - communications confidential

All counseling proceedings, interviews, or conferences shall be held in private. All communications, oral or written, from the parties to a domestic relations counselor in a counseling or conciliation proceedings shall be deemed to be made to such counsel in official confidence by a privileged communication and shall not be admissible or usable for any purpose in any dissolution of marriage hearing or any other proceedings. Any papers or records of the counselor relating to counseling proceedings under this article shall be confidential.
L. 60: p. 133, § 1. CRS 53: § 46-5-6. C.R.S. 1963: § 46-5-6.
For other privileged communications, see §§ 13-90-107 and 13-90-108.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 12 - MARRIAGE COUNSELING (§§ 14-12-101 — 14-12-106) › Section 14-12-106 - [Repealed]

L. 60: p. 133, § 1. CRS 53: § 46-5-7. C.R.S. 1963: § 46-5-7. L. 79: Entire section repealed, p. 602, § 30, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-101 - Short title

This article shall be known and may be cited as the "Uniform Child-custody Jurisdiction and Enforcement Act".
L. 2000: Entire article R&RE, p. 1519, § 1, effective July 1.
This section is similar to former § 14-13-101 as it existed prior to 2000.
OFFICIAL COMMENT
Section 1 of the UCCJA was a statement of the purposes of the Act. Although extensively cited by courts, it was eliminated because Uniform Acts no longer contain such a section. Nonetheless, this Act should be interpreted according to its purposes which are to:
(1) Avoid jurisdictional competition and conflict with courts of other States in matters of child custody which have in the past resulted in the shifting of children from State to State with harmful effects on their well-being;
(2) Promote cooperation with the courts of other States to the end that a custody decree is rendered in that State which can best decide the case in the interest of the child;
(3) Discourage the use of the interstate system for continuing controversies over child custody;
(4) Deter abductions of children;
(5) Avoid relitigation of custody decisions of other States in this State;
(6) Facilitate the enforcement of custody decrees of other States.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-103 - Proceedings governed by other law

This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
OFFICIAL COMMENT
Two proceedings are governed by other acts. Adoption cases are excluded from this Act because adoption is a specialized area which is thoroughly covered by the Uniform Adoption Act (UAA) (1994). Most States either will adopt that Act or will adopt the jurisdictional provisions of that Act. Therefore the jurisdictional provisions governing adoption proceeding are generally found elsewhere.
However, there are likely to be a number of instances where it will be necessary to apply this Act in an adoption proceeding. For example, if a State adopts the UAA then Section 3-101 of the Act specifically refers in places to the Uniform Child Custody Jurisdiction Act which will become a reference to this Act. Second, the UAA requires that if an adoption is denied or set aside, the court is to determine the child's custody. UAA § 3-704. Those custody proceedings would be subject to this Act. See Joan Heifetz Hollinger, The Uniform Adoption Act: Reporter's Ruminations, 30 Fam.L.Q. 345 (1996).
Children that are the subject of interstate placements for adoption or foster care are governed by the Interstate Compact on the Placement of Children (ICPC). The UAA § 2-107 provides that the provisions of the compact, although not jurisdictional, supply the governing rules for all children who are subject to it. As stated in the Comments to that section: "Once a court exercises jurisdiction, the ICPC helps determine the legality of an interstate placement." For a discussion of the relationship between the UCCJA and the ICPC see
J.D.S. v. Franks
, 893 P.2d 732 (Ariz. 1995).
Proceedings pertaining to the authorization of emergency medical care for children are outside the scope of this Act since they are not custody determinations. All States have procedures which allow the State to temporarily supersede parental authority for purposes of emergency medical procedures. Those provisions will govern without regard to this Act.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-104 - International application of article

(1)
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part 1 and part 2 of this article.
(2)
Except as otherwise provided in subsection (3) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under part 3 of this article.
(3)
A court of this state need not apply this article if the child-custody law of a foreign country violates fundamental principles of human rights.
L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
This section is similar to former § 14-13-124 as it existed prior to 2000.
OFFICIAL COMMENT
The provisions of this Act have international application to child custody proceedings and determinations of other countries. Another country will be treated as if it were a State of the United States for purposes of applying parts 1 and 2 of this Act. Custody determinations of other countries will be enforced if the facts of the case indicate that jurisdiction was in substantial compliance with the requirements of this Act.
In this section, the term "child-custody determination" should be interpreted to include proceedings relating to custody or analogous institutions of the other country. See generally, Article 3 of The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. 35 I.L.M. 1391 (1996).
A court of this State may refuse to apply this Act when the child custody law of the other country violates basic principles relating to the protection of human rights and fundamental freedoms. The same concept is found in of the Section 20 of the Hague Convention on the Civil Aspects of International Child Abduction (return of the child may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms). In applying subsection (3), the court's scrutiny should be on the child custody law of the foreign country and not on other aspects of the other legal system. This Act takes no position on what laws relating to child custody would violate fundamental freedoms. While the provision is a traditional one in international agreements, it is invoked only in the most egregious cases.
This section is derived from Section 23 of the UCCJA.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-105 - Effect of child-custody determination

A child-custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with section
14-13-108
or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
This section is similar to former § 14-13-113 as it existed prior to 2000.
OFFICIAL COMMENT
No substantive changes have been made to this section which was Section 12 of the UCCJA.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-106 - Priority

If a question of existence or exercise of jurisdiction under this article is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
This section is similar to former § 14-13-125 as it existed prior to 2000.
OFFICIAL COMMENT
No substantive change was made to this section which was Section 24 of the UCCJA. The section is placed toward the beginning of part 1 to emphasize its importance.
The language change from "case" to "question" is intended to clarify that it is the jurisdictional issue which must be expedited and not the entire custody case. Whether the entire custody case should be given priority is a matter of local law.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-108 - Notice to persons outside state

(1)
Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(2)
Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(3)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
L. 2000: Entire article R&RE, p. 1522, § 1, effective July 1.
This section is similar to former §§ 14-13-105 and 14-13-106 as they existed prior to 2000.
OFFICIAL COMMENT
This section authorizes notice and proof of service to be made by any method allowed by either the State which issues the notice or the State where the notice is received. This eliminates the need to specify the type of notice in the Act and therefore the provisions of Section 5 of the UCCJA which specified how notice was to be accomplished were eliminated. The change reflects an approach in this Act to use local law to determine many procedural issues. Thus, service by facsimile is permissible if allowed by local rule in either State. In addition, where special service or notice rules are available for some procedures, in either jurisdiction, they could be utilized under this Act. For example, if a case involves domestic violence and the statute of either State would authorize notice to be served by a peace officer, such service could be used under this Act.
Although section
14-13-104
requires foreign countries to be treated as States for purposes of this Act, attorneys should be cautioned about service and notice in foreign countries. Countries have their own rules on service which must usually be followed. Attorneys should consult the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 20 U.S.T. 36, T.I.A.S. 6638 (1965).
For manner of giving notice through service by mail or publication, see C.R.C.P. 4(g); for manner of giving notice through personal service outside state, see C.R.C.P. 4(e).
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 1 - GENERAL PROVISIONS (§§ 14-13-101 — 14-13-112) › Section 14-13-111 - Taking testimony in another state

(1)
In addition to other procedures available to a party, a party to a child-custody proceeding or other legal representative of the child may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
L. 2000: Entire article R&RE, p. 1523, § 1, effective July 1. L. 2005: (1) amended, p. 962, § 7, effective July 1.
This section is similar to former § 14-13-119 as it existed prior to 2000.
OFFICIAL COMMENT
No substantive changes have been made to subsection (1) which was Section 18 of the UCCJA.
Subsections (2) and (3) merely provide that modern modes of communication are permissible in the taking of testimony and the transmittal of documents. See UIFSA § 316.
(1) For manner of giving notice through service by mail or publication, see C.R.C.P. 4(g); for manner of giving notice through personal service outside state, see C.R.C.P. 4(e). (2) For the legislative declarations contained in the 2005 act amending subsection (1), see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005.