Instructions for Form JDF1406 "Motion/Stipulation to Modify/Restrict Parenting Time" - Colorado

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Download Instructions for Form JDF1406 "Motion/Stipulation to Modify/Restrict Parenting Time" - Colorado

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INSTRUCTIONS TO FILE A MOTION/STIPULATION TO
MODIFY/RESTRICT PARENTING TIME
These standard instructions are for informational purposes only and do not constitute legal advice about
your case. If you choose to represent yourself, you are bound by the same rules and procedures as an
attorney.
GENERAL INFORMATION
 This information provides a guide to the process and forms necessary to file a Motion to modify parenting time
or to restrict parental contact.
 You must have an existing court order concerning parenting time.
 If this is a motion to restrict parenting time or parental contact pursuant to §14-10-129(4), C.R.S., based on
imminent physical or emotional danger, you must indicate such in the caption. It is important that the Court is
aware of this request. Once you file the Motion, you should seek guidance from the Clerk’s Office regarding
their procedures for setting a hearing as each court may have different procedures.
 If a Motion/Stipulation has been filed for a substantial modification of parenting time which also changes the
party with whom the child resides a majority to time, whether or not it has been granted, no subsequent
motion may be filed within two years after disposition of the prior motion, unless you believe that the child’s
present environment may endanger the child’s physical health or significantly impair the child’s
emotional development.
 Parties can modify/restrict parenting time by agreement (stipulation) at any time. If both parties agree, a written
agreement (stipulation) can be filed with the Court. If this applies to you, please see JDF 1423 Stipulation
Regarding Parenting Time Modification and JDF 1424 Order re: Modification/Restriction of Parenting Time.
 If a party is seeking to relocate with a child to a residence that will substantially change the geographical ties
between a child and the other party, please refer to Instructions for Filing a Motion to Relocate Minor Children
(JDF 1407I).
 Either party can ask the Court to modify the parenting time schedule (to increase or decrease parenting time or to
impose or remove restrictions), if the modification is in the best interest of the children.
 When modifying parenting time, please consider whether child support also needs to be modified. If child support
needs to be modified, check box 12 on the Motion to Modify Parenting Time. Child support is calculated under
statutory guidelines. You may file for a modification of child support, only if there has been a “substantial and
continuing” change in circumstances (for example, one of the parties has received a significant pay raise or pay
cut). The change in circumstances must amount to a 10% increase or decrease in the current amount of child
support or your motion will be denied with a hearing. Please review Instructions to Modify Child Support – JDF
1403I.
 If the Court finds that the motion filed under §14-10-129(4), C.R.S. is substantially frivolous, groundless or
vexatious, the Court will require the party who filed the motion to pay the reasonable attorney fees and costs of
the other party.
 For additional information, please review Colorado Revised Statute §14-10-129.
 If you have a disability and need a reasonable accommodation to access the courts, please contact your local
ADA Coordinator. Contact information can be obtained from the following website:
http://www.courts.state.co.us/Administration/Unit.cfm/Unit/interp
COMMON TERMS
 Petitioner:
The person identified in the original Petition filed with the Court.
 Co-Petitioner/Respondent:
The person identified in the original Petition filed with the Court.
 Stipulation:
A written agreement prepared by both parties.
 Service of Process:
The official means by which a party is notified that a document has been
filed against him/her and provided a copy of the document and a
description of the person’s rights and obligations as a party to the case.
 Hearing Date:
The date that the Petitioner and Co-Petitioner/Respondent must appear in
Court.
 May:
In legal terms, “may” is defined as “optional” or “can”.
 Shall:
In legal terms, “shall” is defined as “required”.
JDF 1406I
R9-17
INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
Page 1 of 6
INSTRUCTIONS TO FILE A MOTION/STIPULATION TO
MODIFY/RESTRICT PARENTING TIME
These standard instructions are for informational purposes only and do not constitute legal advice about
your case. If you choose to represent yourself, you are bound by the same rules and procedures as an
attorney.
GENERAL INFORMATION
 This information provides a guide to the process and forms necessary to file a Motion to modify parenting time
or to restrict parental contact.
 You must have an existing court order concerning parenting time.
 If this is a motion to restrict parenting time or parental contact pursuant to §14-10-129(4), C.R.S., based on
imminent physical or emotional danger, you must indicate such in the caption. It is important that the Court is
aware of this request. Once you file the Motion, you should seek guidance from the Clerk’s Office regarding
their procedures for setting a hearing as each court may have different procedures.
 If a Motion/Stipulation has been filed for a substantial modification of parenting time which also changes the
party with whom the child resides a majority to time, whether or not it has been granted, no subsequent
motion may be filed within two years after disposition of the prior motion, unless you believe that the child’s
present environment may endanger the child’s physical health or significantly impair the child’s
emotional development.
 Parties can modify/restrict parenting time by agreement (stipulation) at any time. If both parties agree, a written
agreement (stipulation) can be filed with the Court. If this applies to you, please see JDF 1423 Stipulation
Regarding Parenting Time Modification and JDF 1424 Order re: Modification/Restriction of Parenting Time.
 If a party is seeking to relocate with a child to a residence that will substantially change the geographical ties
between a child and the other party, please refer to Instructions for Filing a Motion to Relocate Minor Children
(JDF 1407I).
 Either party can ask the Court to modify the parenting time schedule (to increase or decrease parenting time or to
impose or remove restrictions), if the modification is in the best interest of the children.
 When modifying parenting time, please consider whether child support also needs to be modified. If child support
needs to be modified, check box 12 on the Motion to Modify Parenting Time. Child support is calculated under
statutory guidelines. You may file for a modification of child support, only if there has been a “substantial and
continuing” change in circumstances (for example, one of the parties has received a significant pay raise or pay
cut). The change in circumstances must amount to a 10% increase or decrease in the current amount of child
support or your motion will be denied with a hearing. Please review Instructions to Modify Child Support – JDF
1403I.
 If the Court finds that the motion filed under §14-10-129(4), C.R.S. is substantially frivolous, groundless or
vexatious, the Court will require the party who filed the motion to pay the reasonable attorney fees and costs of
the other party.
 For additional information, please review Colorado Revised Statute §14-10-129.
 If you have a disability and need a reasonable accommodation to access the courts, please contact your local
ADA Coordinator. Contact information can be obtained from the following website:
http://www.courts.state.co.us/Administration/Unit.cfm/Unit/interp
COMMON TERMS
 Petitioner:
The person identified in the original Petition filed with the Court.
 Co-Petitioner/Respondent:
The person identified in the original Petition filed with the Court.
 Stipulation:
A written agreement prepared by both parties.
 Service of Process:
The official means by which a party is notified that a document has been
filed against him/her and provided a copy of the document and a
description of the person’s rights and obligations as a party to the case.
 Hearing Date:
The date that the Petitioner and Co-Petitioner/Respondent must appear in
Court.
 May:
In legal terms, “may” is defined as “optional” or “can”.
 Shall:
In legal terms, “shall” is defined as “required”.
JDF 1406I
R9-17
INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
Page 1 of 6
If you do not understand this information, please contact an attorney. You may also contact the Family
Court Facilitator at your local courthouse, if one is available in your Judicial District.
FEES
A filing fee of $105.00 is required. A filing fee is required for all motions/stipulations filed 60 days or more after the
original decree or order is issued. If you are unable to pay, you must complete the Motion to File without Payment
and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205
form and a blank Order (JDF 206), the Court will decide if you need to pay the filing fee.
Other fees that a party to the case may encounter are as follows:
Response
$116.00
(Required, unless previous filing fee paid by party.)
Service Fees
Varies (not payable through or to the Court)
Certification Fee
$20.00
Copies of Documents (Documents on File)
$ .75 per page or $1.50 if double sided
Copies of Documents (Documents not on File)
$ .25 per page or $.75 if double sided
FORMS
and click on the “Forms” tab. The packet/forms are
To access a form online go to
www.courts.state.co.us
available in PDF, WORD or EXCEL by selecting Divorce, Family Matters, Civil Unions – Custody and Child
Support – Modify Parenting Time. You may complete a form online and print or you may print it and type or print
legibly in black ink. You may need all or some of these forms. Read these instructions carefully to determine
what forms you may need.
JDF 1113
Parenting Plan
JDF 1273
Parenting Plan (Civil Union)
JDF 1129
Pretrial Statement
JDF 1406
Verified Motion to Modify/Restrict Parenting Time
JDF 1416
Affidavit in Support of Motion to Modify
JDF 1423
Stipulation Regarding Parenting Time Modification
JDF 1424
Order re: Modification/Restriction to Parenting Time
STEPS TO FILING YOUR MOTION OR STIPULATION
Selecting these instructions indicates that you are planning to file a motion or stipulation to modify/restrict parenting
time. You must identify yourself as the Petitioner or Co-Petitioner/Respondent depending on your “title/role” in the
original case. It is important to remember that your “title/role” in the case does not change based on who files the
motion or stipulation to reopen a case. The caption area below needs to be completed on all forms filed. Keep a
copy of each form for your own records and make a copy to provide to the other party.
Complete the steps identified below under Option 1 or Option 2 depending on if you plan
to file a stipulation or a motion.
District Court
Denver Juvenile Court
__________________________________County, Colorado
Court Address:
In re:
The Marriage of:
The Civil Union of:
Parental Responsibilities concerning:
______________________________________________________________
Petitioner:
COURT USE ONLY
and
Co-Petitioner/Respondent:
Attorney or Party Without Attorney (Name and Address):
Case Number:
Phone Number:
E-mail:
FAX Number:
Atty. Reg. #:
Division
Courtroom
NAME OF FORM
JDF 1406I
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INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
Page 2 of 6
Option 1: Stipulation to Modify Parenting Time. You have an existing order
and both parties agree that parenting time should be changed.
Step 1:
Complete Forms.
Stipulation Regarding Parenting Time Modification (JDF 1423):
Please complete all sections of this form.
If the modification to parenting time results in a modification to child support indicate such in the
Stipulation and also complete a Stipulation to Modify Child Support (JDF 1404).
If any addresses have changed since the original case was filed, please provide current address
information to the Court in writing.
Parenting Plan (JDF 1113) or Parenting Plan (Civil Union) (JDF 1273):
Review section E – Child Tax Exemption to
Complete all sections of this form, as appropriate.
determine if the changes to the Parenting Plan affect this section. If you have any unique situations,
identify them in the “Other Terms” section. The Parenting Plan should identify only those parties who
will have court-ordered parenting time and decision-making responsibilities. Day care/babysitting
arrangements do not need to be specifically identified on this form.
Please indicate if this is a full or partial parenting plan.
If this is a partial parenting plan you or the other party must complete JDF 1129 – Pretrial
Statement. The purpose of this form is for you or the other party to identify to the Court what
issues have not been resolved
Please check with the Court Facilitator in your judicial district regarding what additional information
the Court may need.
If a modification to child support applies, complete Section D on the
Parenting Plan and complete the Sworn Financial Statement (JDF 1111) and
the appropriate Child Support Worksheet and file them with the Court.
Sworn Financial Statement (JDF 1111):
You must provide true and complete information to the Court about your assets, debts, and income. You
can be assessed a fine or jailed for providing false information. In addition, your case can be reopened due
to fraud.
The Financial Statement must contain current personal and financial information to determine whether
the modification of child support is fair to each party. Failure of a party to file a Financial Statement may
result in a refusal by the Court to enter an Order to Modify Child Support. The Court may impose
sanctions against the party who does not file the required paperwork. Complete and file with the Court
a Supporting Schedules for Assets (JDF 1111SS) only if applicable to your case.
Each party must complete his/her own Financial Statement and all sections must be completed.
The form must be signed in the presence of a Court Clerk or Notary Public.
Child Support Worksheets:
Use the information from each of your Sworn Financial Statements to complete the appropriate worksheet.
Automatic Calculation Option: New child support guidelines became effective on January 1, 2014.
Software for electronically calculating child support based on the new guidelines can be found at
– Go to “Self Help/Forms” > “All Forms and Instructions” > “Divorce,
www.courts.state.co.us
Family Matters, Civil Unions.” The link for
Calculate Child Support/Maintenance
is located under
the “Custody & Child Support” section
JDF 1406I
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INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
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Complete a Certificate of Service (JDF 1313) indicating that you have provided the other party with a
copy of your completed Child Support Worksheet.
Order Re: Modification/Restriction of Parenting Time (JDF 1424):
Complete the caption only on this form.
Provide the Court with the appropriate number of copies you would like. If you want any of the copies to
be certified, you will need to provide the Court with a $20.00certified copy fee .
Step 2:
You are Ready to File your Stipulation with the Court.
Pay the $ 105.00 filing fee, if applicable.
Provide the Court with the Stipulation and all other appropriate documents listed above.
If any addresses have changed since the original case was filed, please provide current address information
to the Court in writing.
Provide the Court with a self-addressed stamped envelope to receive a copy of the Order.
If a Court is
mandatory e-file, self-addressed stamped envelopes may not be required.
Step 3:
Court Review of Stipulation.
Within 49 days of the date a post decree matter is filed, the Court will review the matter and determine whether
the Stipulation will be approved or not.
No hearing is required and following the review of the Stipulation, you will receive a signed copy of the Order
Re: Modification/Restriction of Parenting Time.
If you are requesting a modification to Child Support, the Court will use the Child Support Guidelines to
review the adequacy of child support order negotiated by the parties as well as the financial affidavits. If
child support is modified, you will also receive an updated Support Order.
Option 2: Motion to Modify/Restrict Parenting Time. If you have an existing
order and both parties do not agree that parenting time should be modified
or restricted.
Step 1:
Complete Forms.
Verified Motion to Modify/Restrict Parenting Time (JDF 1406):
Please complete all sections of this form and indicate in the caption if this is a motion to modify or
restrict parenting time.
Describe precisely the changes in the parenting time schedule you are requesting and explain why you
believe the requested changes are in the best interest of the child.
Include any requested restrictions or limitations on parenting time. If you are requesting a restriction of
parenting time or parental contact because you believe that the child is in imminent physical or emotional
danger from the other parent, you may state that in your motion and request that the Court hear your
motion immediately. You may request that any parenting time which occurs during the time you are
waiting for your motion to be heard be supervised by an unrelated third party deemed suitable by the Court
or by a licensed mental health professional. (§14-10-129(4), C.R.S.)
If you state in your Motion that the child is in imminent physical or emotional danger due to the parenting
time or contact by the other parent, and the Court finds that your statement was substantially frivolous,
groundless or vexatious, the Court may require you to pay reasonable and necessary attorney fees and
costs of the other party.
If child support needs to be modified, please check and complete Section 12 and file a Motion to Modify
Child Support (JDF 1403).
Make sure you have the appropriate number of copies of all documents for the Court and the other
party.
JDF 1406I
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INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
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If your address has changed since you originally filed your case, please provide your current
address to the Court in writing.
Affidavit in Support of Motion to Modify (JDF 1416):
This form must be signed in the presence of a Court Clerk or Notary Public.
Make sure you have the appropriate number of copies of all documents for the Court and the Co-
Petitioner/Respondent.
Parenting Plan (JDF 1113) or Parenting Plan (Civil Union) (JDF 1273):
Complete all sections of this form, as appropriate. Review section E – Child Tax Exemption to
determine if the changes to the Parenting Plan affect this section. If you have any unique situations,
identify them in the “Other Terms” section. The Parenting Plan should identify only those parties who
will have court-ordered parenting time and decision-making responsibilities. Day care/babysitting
arrangements do not need to be specifically identified on this form.
Please indicate if this is a full or partial parenting plan.
If this is a partial parenting plan you or the other party must complete JDF 1129 – Pretrial
Statement. The purpose of this form is for you or the other party to identify to the Court what
issues have not been resolved.
Please check with the Court Facilitator in your judicial district regarding what additional information
the Court may need.
If a modification to child support applies to you, complete Section D on the
Parenting Plan and complete the Sworn Financial Statement (JDF 1111) and
the appropriate Child Support Worksheet and file them with the Court.
Sworn Financial Statement (JDF 1111):
You must provide true and complete information to the Court about your assets, debts, and income. You
can be assessed a fine or jailed for providing false information. In addition, your case can be reopened due
to fraud.
The Financial Statement must contain current personal and financial information to determine whether
the modification of child support is fair to each party. Failure of a party to file a Financial Statement may
result in a refusal by the Court to enter an Order to Modify Child Support. The Court may impose
sanctions against the party who does not file the required paperwork. Complete and file with the Court
a Supporting Schedules for Assets (JDF 1111SS) only if applicable to your case.
Each party must complete his/her own Financial Statement and all sections must be completed.
The form must be signed in the presence of a Court Clerk or Notary Public.
Child Support Worksheets:
Use the information from each of your Sworn Financial Statements to complete the appropriate worksheet.
Automatic Calculation Option: New child support guidelines became effective on January 1, 2014.
Software for electronically calculating child support based on the new guidelines can be found at
– Go to “Self Help/Forms” > “All Forms and Instructions” > “Divorce,
www.courts.state.co.us
Family Matters, Civil Unions.” The link for
Calculate Child Support/Maintenance
is located under
the “Custody & Child Support” section
Complete a Certificate of Service (JDF 1313) indicating that you have provided the other party with a
copy of your completed Child Support Worksheet.
Order Re: Modification/Restriction of Parenting Time (JDF 1424):
Complete the caption only on this form.
Provide the Court with the appropriate number of copies you would like. If you want any of the copies to
be certified, you will need to provide the Court with a $20.00 certified copy fee.
The Magistrate or Judge will complete the rest of the Order and give you and the other party a signed
copy.
JDF 1406I
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INSTRUCTIONS TO FILE A MOTION TO MODIFY/RESTRICT PARENTING TIME
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