Chapter 4 - § 4.1 • JURISDICTION IN MATTERS INVOLVING CHILDREN

• Jurisdiction: Colorado

§ 4.1 • JURISDICTION IN MATTERS INVOLVING CHILDREN

§ 4.1.1—Types of Jurisdiction

The meaning of "jurisdiction" is twofold. First, jurisdiction refers to a court's constitutional or statutory authority to hear and determine certain types of cases. This is called subject matter jurisdiction. In re Marriage of Pritchett, 80 P.3d 918, 921 (Colo. App. 2003). Second, jurisdiction refers to a court's authority to issue orders and enter judgments against particular classes of people. This type of jurisdiction is called in personam or personal jurisdiction. In re Marriage of Slowinski, 199 P.3d 48 (Colo. App. 2008). Both subject matter jurisdiction and in personam jurisdiction are required before a court may act on most issues concerning children.

§ 4.1.2—Subject Matter Jurisdiction

Subject matter jurisdiction is an absolute prerequisite to action by any court and may not be waived. Olson v. Hillside Cmty. Church SBC, 124 P.3d 874, 878 (Colo. App. 2005). However, the court of appeals has now clarified that parenting time issues under the UDMA become moot when the child turns 18, as at that age the child can make decisions, and neither parent can force an 18-year-old to comply with parenting time provisions. In re Marriage of Tibbetts, 428 P.3d 686 (Colo. App. 2018).

District Courts

Subject matter jurisdiction over all civil actions, including actions involving children, is granted to Colorado's 22 district courts. Colo. Const., art. VI, § 9, and C.R.S. §§ 13-5-101, et seq.

District court magistrates have the power to preside over all child-related proceedings arising under Title 14 of the Colorado Revised Statutes, which includes the UDMA, without the need to obtain the consent of the parties except for contested hearings that result in permanent orders concerning allocation of parental responsibilities. C.R.M. 6(b). In order for a district court magistrate to preside over contested permanent orders hearings on allocation of parental responsibilities issues, there must be consent of the parties. C.R.M. 6(b)(ii). A party is deemed to have consented to proceedings before a district court magistrate if: (1) the party affirmatively consented in writing or on the record; (2) the party was provided notice of the proceeding before the magistrate and failed to file an objection within 14 days of such notice; or (3) the party failed to appear at a proceeding after having been provided notice of that proceeding. C.R.M. 3(f)(1)(A). Once given, a party's consent to a district court magistrate in a proceeding may not be withdrawn. C.R.M. 3(f)(2)(B). District court magistrates also have the power to preside over all motions to modify permanent orders, including motions to modify parental responsibilities, without the need for consent of the parties. C.R.M. 6(b)(1)(B) and (C). A district court magistrate has all the powers of a district court judge when hearing such matters. C.R.M. 6.

Juvenile Courts

Unless otherwise provided by law, the juvenile court has exclusive jurisdiction in proceedings to determine the legal custody of any child who comes within the juvenile court's jurisdiction as set forth in C.R.S. § 19-1-104. C.R.S. § 19-1-104(1)(c). This includes any child who has committed a...