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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.

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

Related Topics

Motion to Restrict Parenting Time, When a Hearing Must Be Held, Particularity Requirement

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