In re Marriage of Wollert.
2020 CO 47. No. 20SA87. Motion to Restrict Parenting Time— When a Hearing Must Be Held—Particularity Requirement.
June 1, 2020
In this original proceeding, the Supreme Court considered when a motion to restrict parenting time pursuant to CRS § 14-10-129(4) requires a hearing within 14 days of the motion’s filing. The Court held that the particularity requirement in CRCP 7(b)(1) provides the proper standard to review a § 14-10-129(4) motion. Here, because respondent’s motion to restrict parenting time was sufficiently particular under Rule 7(b)(1), a hearing on that motion was required within 14 days pursuant to § 14-10-129(4). Accordingly, the magistrate erred in not holding a hearing and the district court erred in adopting the magistrate’s order.
Motion to Restrict Parenting Time, When a Hearing Must Be Held, Particularity Requirement