Temporary Orders — Allocation of Parental Responsibilities

STIPULATED TEMPORARY ORDERS — ALLOCATION OF PARENTAL RESPONSIBILITIES

State of Colorado — District Court

[________________________________] County

Case Number: [________________________________]

Division/Courtroom: [____]

☐ In re the Marriage/Civil Union of: [________________________________] and [________________________________]

☐ In re the Parental Responsibilities Concerning: [________________________________] (Child/ren)

COLORADO TERMINOLOGY AND PROCEDURAL NOTICE

Terminology. Colorado uses "allocation of parental responsibilities," "parenting time," and "decision-making responsibility" rather than "custody" and "visitation" (C.R.S. § 14-10-123 et seq.).

Automatic Temporary Injunction (ATI). Upon the filing of a Petition for Dissolution, Legal Separation, or Allocation of Parental Responsibilities, C.R.S. § 14-10-108 and § 14-10-123 impose an automatic temporary injunction on BOTH parties. The ATI prohibits, among other things:

• Removing the child(ren) from Colorado without written consent of the other party or Court order
• Changing the child(ren)'s current residence
• Disrupting the child(ren)'s school enrollment
• Hiding the child(ren) from the other party

The ATI remains in effect until the case is dismissed or final orders are entered. Violation of the ATI may result in contempt of court.

Nature of Temporary Orders. These Temporary Orders govern the allocation of parental responsibilities pending entry of permanent orders. They carry the force of law and are enforceable by contempt proceedings.

PART 1. PARTIES AND CHILDREN

1.1 Parties

Party A:
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Party B:
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

1.3 Date of Filing

The underlying Petition was filed on [__/__/____].

1.4 Duration of Temporary Orders

These Temporary Orders shall remain in effect from [__/__/____] until the earliest of:

(a) Entry of permanent orders in this case;
(b) Further order of the Court modifying these Temporary Orders;
(c) Dismissal of the underlying action;
(d) Written stipulation of both parties approved by the Court.

1.5 Parenting Education

Both parties shall complete a court-approved parenting education class within [____] days of the filing of the Petition, or as otherwise directed by the Court.

☐ Party A — Completed on [__/__/____]; Provider: [________________________________]
☐ Party B — Completed on [__/__/____]; Provider: [________________________________]
☐ To be completed by [__/__/____]

PART 2. TEMPORARY DECISION-MAKING RESPONSIBILITY

2.1 Temporary Allocation

During the pendency of this action, decision-making responsibility shall be temporarily allocated as follows:

2.2 Decision-Making Protocol (If Joint)

Where joint decision-making is temporarily ordered:

• The initiating party shall notify the other in writing with relevant information.
• The other party shall respond within [____] business days.
• If the parties cannot agree, the dispute shall be submitted to mediation before either party may file a motion.

Emergency decisions: The party exercising parenting time may authorize emergency medical treatment when delay would endanger the child(ren). That party shall notify the other as soon as possible.

2.3 Domestic Violence Assessment (C.R.S. § 14-10-124(4))

☐ No credible evidence of domestic violence, child abuse, or child neglect. The C.R.S. § 14-10-124(4) presumption does not apply.

☐ Credible evidence of domestic violence / child abuse / child neglect exists regarding [________________________________]. Pursuant to C.R.S. § 14-10-124(4), joint decision-making is presumed not in the child(ren)'s best interests. Temporary sole decision-making is allocated to [________________________________].

☐ A protection order is in effect: Case No. [________________________________], issued [__/__/____] by [________________________________] Court.

2.4 Preservation of Status Quo

Consistent with the ATI under C.R.S. § 14-10-108 and § 14-10-123, neither party shall make unilateral changes to the child(ren)'s:

• School enrollment
• Healthcare providers (except in an emergency)
• Extracurricular activities (existing activities shall continue)
• Primary residence

without the other party's written consent or Court order.

PART 3. TEMPORARY PARENTING TIME SCHEDULE

3.1 Regular Schedule

Select applicable option:

☐ Option A: Approximately Equal Parenting Time

Schedule: [________________________________]
[________________________________]

☐ Option B: Primary Residential Parent with Parenting Time to Other Party

Primary Residential Parent: Party [____]

Other Party's Parenting Time:

• Alternating weekends: Friday at [____] to Sunday at [____]
• Midweek: [________________________________] from [____] to [____]
• Other: [________________________________]

☐ Option C: Restricted / Supervised Parenting Time (C.R.S. § 14-10-129.4)

Party [____]'s parenting time is restricted because unrestricted parenting time would endanger the child(ren)'s physical health or significantly impair their emotional development.

Specific grounds for restriction: [________________________________]

Supervised parenting time schedule:

• Frequency: [________________________________]
• Duration: [________________________________]

• Location: ☐ Supervised visitation center: [________________________________]
  ☐ In the presence of: [________________________________]

• Conditions: [________________________________]

☐ Option D: Maintaining Pre-Separation Status Quo

The parenting time schedule that existed immediately prior to the filing of the Petition shall continue temporarily, specifically: [________________________________]

☐ Option E: Custom Schedule

[________________________________]
[________________________________]

3.2 Exchange Details

Location:
☐ School ☐ Neutral location: [________________________________] ☐ Receiving party's residence ☐ Other: [________________________________]

Transportation: ☐ Receiving party picks up ☐ Delivering party drops off ☐ Shared ☐ Other: [________________________________]

3.3 Holiday Schedule

☐ The regular schedule shall apply to holidays during the temporary period.

☐ The following holiday schedule shall apply:

3.4 Travel Restrictions

Consistent with the ATI and these Temporary Orders:

☐ Neither party shall remove the child(ren) from the State of Colorado without the other party's prior written consent or Court order.

☐ Neither party shall remove the child(ren) from [________________________________] County (or surrounding counties) without the other party's prior written consent or Court order.

☐ Domestic travel within Colorado is permitted during parenting time with [____] hours' advance written notice.

☐ Other: [________________________________]

Passport Safeguards:
☐ The child(ren)'s passport(s) shall be held by [________________________________] or deposited with the Court or counsel.
☐ Neither party shall apply for a passport for the child(ren) without the other party's written consent or Court order.

PART 4. COMMUNICATION

4.1 Parent-Child Communication

The party not exercising parenting time may have telephone/video contact with the child(ren):

☐ Daily at approximately [____] for up to [____] minutes
☐ At reasonable times as mutually agreed
☐ Other: [________________________________]

4.2 Parent-to-Parent Communication

Parties shall communicate regarding the child(ren) through:
☐ Email ☐ Co-parenting app ☐ Text ☐ Phone

Communications shall be respectful, child-focused, and limited to matters concerning the child(ren)'s welfare and logistics. Each party shall respond to non-emergency communications within [____] hours.

4.3 Access to Records

Both parties shall have independent access to school records, medical records, and extracurricular information. Each party shall ensure the other is listed as an authorized contact with schools and healthcare providers.

4.4 Notification

Each party shall promptly notify the other of:

• Serious illness, injury, or hospitalization of the child(ren)
• Emergency medical treatment
• Incidents involving law enforcement or the Department of Human Services
• Changes in address, telephone, or employment

PART 5. TEMPORARY FINANCIAL PROVISIONS

5.1 Child Support

☐ Temporary child support is addressed in a separate temporary support order.

☐ Party [____] shall pay temporary child support of $[________________________________] per month to Party [____], commencing [__/__/____], pursuant to C.R.S. § 14-10-115 guidelines.

☐ Child support shall be deferred pending the temporary orders hearing / permanent orders.

5.2 Health Insurance

Party [____] shall maintain the child(ren)'s current health, dental, and vision insurance. Neither party shall change or cancel the child(ren)'s insurance without the other party's written consent or Court order.

5.3 Unreimbursed Medical Expenses

Pending permanent orders, unreimbursed medical expenses shall be:
☐ Shared equally
☐ Allocated: Party A [____]% / Party B [____]%
☐ Paid by the party incurring the expense, with reimbursement addressed at permanent orders

5.4 Extracurricular Activity Costs

Existing activity costs shall be:
☐ Continued as currently allocated
☐ Shared equally
☐ Other: [________________________________]

No new activities with costs exceeding $[________________________________] shall be enrolled without both parties' written agreement.

PART 6. COVENANTS AND RESTRICTIONS

6.1 Automatic Temporary Injunction Compliance

Both parties shall comply with the ATI under C.R.S. § 14-10-108 and § 14-10-123, including but not limited to:

☐ Neither party shall remove the child(ren) from Colorado without consent or Court order.
☐ Neither party shall disrupt the child(ren)'s school enrollment or established routine.
☐ Neither party shall hide the child(ren) from the other party.
☐ Neither party shall disparage the other party in the child(ren)'s presence.

6.2 Non-Disparagement

Neither party shall make negative remarks about the other party in the child(ren)'s presence, allow others to do so, interrogate the child(ren) about the other party's household, or share information about legal proceedings with the child(ren).

6.3 Substance Use

Neither party shall consume alcohol to impairment or use controlled substances (other than as lawfully prescribed) during parenting time or within [____] hours before parenting time begins.

6.4 Firearms Safety

All firearms shall be stored unloaded and locked, with ammunition stored separately, inaccessible to the child(ren).

6.5 New Partners

☐ Neither party shall introduce a romantic partner to the child(ren) during the temporary period without the other party's written consent.

☐ Neither party shall allow a romantic partner to stay overnight during parenting time during the temporary period.

☐ No restrictions beyond ATI requirements.

6.6 Third-Party Delegation

During parenting time, the responsible party shall not delegate primary care of the child(ren) to a third party for extended periods without the other party's written consent, except for normal childcare/school arrangements.

PART 7. CFI / PRE AND INVESTIGATION

7.1 Appointment During Temporary Period

☐ The parties stipulate to the appointment of a Child and Family Investigator (CFI) pursuant to C.R.S. § 14-10-116.5 to investigate and report on:
[________________________________]

CFI fees (capped at $2,750 per party) shall be allocated: Party A [____]% / Party B [____]%.

☐ The parties stipulate to the appointment of a Parental Responsibilities Evaluator (PRE) pursuant to C.R.S. § 14-10-127 for a comprehensive evaluation.

PRE fees shall be allocated: Party A [____]% / Party B [____]%.

☐ No CFI or PRE is requested at this time. Either party reserves the right to request appointment.

7.2 Cooperation with Investigation

Both parties shall cooperate fully with any CFI or PRE appointed by the Court, including providing access to the child(ren), completing interviews, authorizing release of records, and complying with all requests.

PART 8. DISPUTE RESOLUTION

8.1 Mediation

Before filing any non-emergency motion, the parties shall attempt mediation. Cost: [________________________________].

8.2 Emergency Motions

Either party may file an emergency motion under C.R.C.P. 365 or C.R.S. § 14-10-129(4) if the child(ren)'s health or safety is at immediate risk.

8.3 Parenting Coordinator

☐ A Parenting Coordinator is appointed: [________________________________]
Authority: ☐ Advisory ☐ Binding on implementation issues
Fee: [________________________________]

☐ No Parenting Coordinator at this time.

8.4 Court Jurisdiction

The District Court of [________________________________] County, Colorado, has jurisdiction per the UCCJEA (C.R.S. § 14-13-101 et seq.).

PART 9. ENFORCEMENT

9.1 Contempt

These Temporary Orders carry the force of law. Violation may result in contempt of court proceedings under C.R.S. § 14-10-108.5, including:

• Sanctions
• Make-up parenting time
• Restriction or modification of parenting time
• Attorney fee awards
• Other relief the Court deems appropriate

9.2 Attorney Fees

☐ Each party bears his or her own fees during the temporary period.
☐ A party who necessitates enforcement proceedings through willful violation may be ordered to pay the other party's reasonable attorney fees.

PART 10. TRANSITION TO PERMANENT ORDERS

10.1 Effect on Permanent Orders

These Temporary Orders do not establish a presumption regarding permanent allocation of parental responsibilities. The Court shall independently evaluate the best interest factors under C.R.S. § 14-10-124(1.5) at the permanent orders hearing.

10.2 Discovery and Disclosure

Both parties shall comply with C.R.C.P. 16.2 mandatory disclosure requirements, including but not limited to financial disclosures (JDF 1111 — Sworn Financial Statement), within the deadlines set by the Court or the Rule.

10.3 Family Court Facilitator

The parties acknowledge that Colorado's Family Court Facilitator program is available in most judicial districts to assist self-represented parties with procedural questions. The Facilitator does not provide legal advice.

PART 11. GENERAL PROVISIONS

11.1 Governing Law. Colorado law, C.R.S. § 14-10-101 et seq.

11.2 Temporary Nature. These orders are temporary pending permanent resolution and do not constitute a permanent allocation of parental responsibilities.

11.3 Severability. If any provision is unenforceable, the remaining provisions remain in effect.

11.4 Counterparts. May be executed in counterparts and electronically.

11.5 Notice. All notices shall be sent to the addresses listed in Part 1, or as updated in writing.

EXECUTION

The parties stipulate and agree to these Temporary Orders. Each party represents that this agreement is voluntary and in the child(ren)'s best interests during the pendency of the underlying action.

Party A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Party B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Party A (if applicable):

Signature: _________________________________
Name / Colorado Atty. Reg. No.: [________________________________]

Attorney for Party B (if applicable):

Signature: _________________________________
Name / Colorado Atty. Reg. No.: [________________________________]

ORDER

THE COURT, having reviewed the foregoing Stipulated Temporary Orders and having considered C.R.S. § 14-10-124(1.5) and § 14-10-108, finds that these Temporary Orders serve the child(ren)'s best interests during the pendency of this action.

☐ The temporary allocation of decision-making responsibility complies with C.R.S. § 14-10-124(4).
☐ The Automatic Temporary Injunction under C.R.S. § 14-10-108 / § 14-10-123 remains in full force and effect.
☐ These Temporary Orders do not establish presumptions for permanent orders.

IT IS ORDERED that the foregoing Stipulated Temporary Orders are APPROVED and entered as orders of this Court.

Date: [__/__/____]

_________________________________
District Court Judge
[________________________________] County District Court
State of Colorado

SOURCES AND REFERENCES

• C.R.S. § 14-10-108 — Temporary orders, including Automatic Temporary Injunction (ATI)
• C.R.S. § 14-10-108.5 — Contempt and enforcement of domestic relations orders
• C.R.S. § 14-10-123 — Commencement of APR proceedings; ATI provisions
• C.R.S. § 14-10-124 — Best interests of the child
• C.R.S. § 14-10-124(1.5) — Parenting time and decision-making factors
• C.R.S. § 14-10-124(4) — Domestic violence presumption against joint decision-making
• C.R.S. § 14-10-125 — Temporary parenting time
• C.R.S. § 14-10-115 — Child support guidelines
• C.R.S. § 14-10-116.5 — Child and Family Investigator (CFI) — $2,750 fee cap
• C.R.S. § 14-10-127 — Parental Responsibilities Evaluator (PRE)
• C.R.S. § 14-10-129.4 — Restriction of parenting time (endangerment standard)
• C.R.S. § 14-13-101 et seq. — UCCJEA
• C.R.C.P. 16.2 — Case management in domestic relations cases
• C.R.C.P. 365 — Emergency motions
• JDF 1111 — Sworn Financial Statement
• JDF 1413 — Petition for Allocation of Parental Responsibilities
• Colorado Judicial Branch Self-Help: https://www.coloradojudicial.gov/self-help-forms
• Colorado Judicial Branch — Parenting Classes: https://www.coloradojudicial.gov/courts/trial-courts
• Family Court Facilitator Program: Available in most Colorado judicial districts