Chapter 4 - § 4.10 • TEMPORARY ORDERS AND ORDERS IN EMERGENCY SITUATIONS

• Jurisdiction: Colorado

§ 4.10 • TEMPORARY ORDERS AND ORDERS IN EMERGENCY SITUATIONS

§ 4.10.1—Statutory Authority

There are several sections of the UDMA that authorize the court to enter temporary orders and orders in emergency situations. In addition, a party may obtain an emergency child custody order through an independent district court or county court civil protection order proceeding. C.R.S. §§ 13-14-103 and -105.

§ 4.10.2—Automatic Temporary Injunction

The first order of the court concerning a child that affects parties to an action for dissolution of marriage, legal separation, or dissolution of civil union is the temporary injunction found in the summons. This temporary injunction prohibits either party from removing the child from Colorado without agreement of the other party or order of the court. C.R.S. § 14-10-107(4)(b)(I)(c). The petitioner becomes subject to the injunction when the proceeding is commenced. C.R.S. § 14-10-107(4)(b)(I). The respondent in the case becomes subject to the injunction when the petition and summons are served on the respondent, when the waiver of service is signed, or when the parties file the petition as co-petitioners. Id. The injunction remains in effect until the case is dismissed or until the decree and permanent orders are entered. Id.

§ 4.10.3—Temporary Parental Responsibilities Orders

Early in most cases, the parties will want to know who has the authority to make major decisions concerning the child, where the child will live, and what time the child will spend with each parent, pending entry of permanent orders by the court. In some cases, the parties may have the ability to work together within a flexible arrangement to meet their needs and the welfare and best interests of the child. In these cases, the parties may not need or want temporary orders. However, in many cases, the parties will need or want to have issues concerning decision-making and parenting time addressed in writing. In those cases, the parties may enter into a stipulation that documents their temporary agreements on parental responsibilities issues; they may raise the issues at a status conference; or, with the court's consent, they may set an evidentiary temporary orders hearing so the court can address temporary matters concerning the children, among other things. C.R.S. §§ 14-10-108 and -125.

Temporary Orders by Stipulation

The parties may enter into a stipulation for temporary orders that is as detailed or as simple as they deem appropriate and necessary...