If the parent legitimately believes the children are in imminent danger with the other parent, then he or she can file an emergency motion with the court asking the court to restrict parenting time. These motions are for literal emergencies, for imminent danger and not for a parent who cries wolf regarding danger to the children.
In these types of motions, the rules of evidence can really hurt the parties. For example if the only way the concerned parent knows of the alleged danger is from the child, it is really difficult to get any of that information in so the court can see it. Hearsay is an out of court statement offered for its truth. Statements made by a child out of court, which are being offered to the court to prove what the child said was true is child hearsay. Although there are some exceptions, child hearsay is inadmissible in court. For this reason it is really important to have hard evidence to show the court in these type of motions.
Kate Miller is a Denver, Colorado attorney focused exclusively on the practices of divorce and family law. She has lived many of the issues regarding divorce and child custody, and is passionate about helping people through this process. To learn more about Kate and her firm visit www.MillerFamilyLawLLC.com.Back To Top