Statutes: Colorado

(1) Upon a verified motion by a grandparent or great-grandparent who has been granted grandparent or great-grandparent family time or upon the court’s own motion alleging that the person with legal custody or parental responsibilities of the child as determined by a court pursuant to this article 10 with whom grandparent family time has been granted is not complying with a grandparent or great-grandparent family time order or schedule, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be a substantial and continuing noncompliance with the grandparent or great-grandparent family time order or schedule and either:

(a) Deny the motion, if there is an inadequate allegation; or

(b) Set the matter for hearing with notice to the grandparent or great-grandparent and the person with legal custody or parental responsibilities of the child as determined by the court of the time and place of the hearing; or

(c) Require said parties to seek mediation and report back to the court on the results of the mediation within sixty days. Mediation services must be provided in accordance with section 13-22-305. At the end of the mediation period, the court may approve an agreement reached by the parties or shall set the matter for hearing.

(2) After the hearing, if a court finds that the person with legal custody or parental responsibilities of the child as determined by the court has not complied with the grandparent or great-grandparent family time order or schedule and has violated the court order, the court, in the best interests of the child, may issue orders which may include but need not be limited to:

(a) Imposing additional terms and conditions which are consistent with the court’s previous order;

(b) Modifying the previous order to meet the best interests of the child;

(c) Requiring the violator to post bond or security to insure future compliance;

(d) Requiring that makeup grandparent or great-grandparent family time be provided for the aggrieved grandparent or great-grandparent and child under the following conditions:

(I) That such grandparent or great-grandparent family time is of the same type and duration of grandparent or great-grandparent family time as that which was denied, including but not limited to grandparent or great-grandparent family time during weekends, on holidays, and on weekdays and during the summer;

(II) That such grandparent or great-grandparent family time is made up within one year after the noncompliance occurs; or

(III) That such grandparent or great-grandparent family time is in the manner chosen by the aggrieved grandparent or great-grandparent if it is in the best interests of the child;

(e) Finding the person who did not comply with the grandparent or great-grandparent family time schedule in contempt of court and imposing a fine or jail sentence; and

(f) Awarding to the aggrieved party, when appropriate, actual expenses, including attorney fees, court costs, and expenses incurred by a grandparent or great-grandparent because of the other person’s failure to provide or exercise court-ordered grandparent or great-grandparent family time. Nothing in this section precludes a party’s right to a separate and independent legal action in tort.

(3) As used in this section, unless the context otherwise requires:

(a) “Grandparent” has the same meaning as set forth in section 14-10-124.4.

(b) “Great-grandparent” has the same meaning as set forth in section 14-10-124.4.

(c) “Grandparent or great-grandparent family time” or “grandparent family time” has the same meaning as set forth in section 14-10-124.4.