If your ex violates a custody order in Colorado Springs, you are not without recourse — Colorado courts take these violations seriously, and there are clear steps you can take to protect your rights and your children. Whether your co-parent is showing up late for exchanges, refusing to return the kids, or blocking your scheduled parenting time altogether, the situation is stressful and often frightening.
A custody order is a legally binding court document. Ignoring it has real consequences under Colorado law. Knowing what to do — and what not to do — in the hours and days after a violation can make a significant difference in how the court views your case.
What Counts as a Custody Order Violation in Colorado?
A violation occurs any time a parent fails to follow the specific terms of a court-approved parenting plan or custody order. This includes both parenting time (physical custody) and decision-making responsibility (legal custody). Common examples include refusing to hand over the children at the scheduled time, taking the children out of state without court permission, and denying the other parent court-ordered communication with the kids.
- Missing or refusing scheduled parenting time exchanges
- Keeping the children past the agreed return date
- Relocating with the children without prior court approval
- Interfering with the other parent's phone or video contact
- Making major decisions unilaterally when joint decision-making is required
Not every disagreement or scheduling hiccup rises to the level of a legal violation — an attorney can review your specific order and confirm whether what happened qualifies.
What Should You Do Immediately After a Violation?
The most important first step is to document everything, starting the moment the violation occurs. Courts in El Paso County rely heavily on evidence, so creating a clear, factual record gives you a foundation to act on.
- Write down dates, times, and exactly what happened — keep it factual, not emotional.
- Save all text messages, voicemails, and emails between you and your co-parent.
- Note any witnesses, including teachers, neighbors, or family members who observed the situation.
- Keep a running log if violations are happening repeatedly.
Do not retaliate by withholding your own parenting time or violating other terms of the order yourself. Courts in Colorado Springs can and do hold both parents accountable.
When Should You Call the Police?
If your child has been taken and not returned, or if you believe your child is in immediate danger, calling law enforcement is appropriate. Police in Colorado Springs can respond to custodial interference situations, particularly when a valid court order clearly spells out where the child is supposed to be. Officers may be able to assist with the return of your child when the terms of the order are unambiguous.
For less urgent violations — like a parent who was two hours late to an exchange — police involvement is typically less effective. In those cases, the legal process through the courts is the more appropriate path.
How Do You Enforce a Custody Order Through the Courts?
In Colorado, the primary legal tool for enforcing a parenting plan is filing a Motion to Enforce Parenting Time with the district court that issued your original order. In Colorado Springs, that would generally be the El Paso County District Court. Once filed, a judge can take a range of actions against the non-complying parent.
Options often available to the court include:
- Ordering makeup parenting time to replace what was wrongfully withheld
- Requiring the violating parent to pay your attorney's fees and court costs
- Ordering the parent to attend a parenting class or mediation
- Holding the parent in contempt of court, which can carry fines or, in serious cases, jail time
- Modifying the parenting plan if violations are ongoing and modification serves the child's best interests
An attorney can help you determine which remedies are realistic given the facts of your situation.
Can Repeated Violations Lead to a Custody Modification?
Yes — a pattern of violations can be grounds to ask the court to modify the existing custody arrangement. Under Colorado law, courts can modify a parenting plan when there has been a substantial and continuing change in circumstances, and when the change would be in the best interests of the child. Documented, repeated interference with parenting time is the kind of evidence courts consider in making that determination.
A single isolated incident is generally not enough to trigger a modification. Consistent, willful violations over time build a much stronger case. An attorney can confirm the rules that apply to your specific case.
What If Your Ex Takes the Children Out of Colorado?
Taking a child out of state in violation of a custody order may constitute custodial interference under Colorado law — and in some circumstances, federal law as well. Colorado has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which generally gives Colorado courts authority over your case even if the child has been taken to another state.
If you believe your child has been removed from Colorado without permission, contacting an attorney immediately is strongly advisable. Time matters significantly in these situations.
Frequently Asked Questions About Custody Violations in Colorado Springs
These are some of the questions people most often ask when dealing with a custody order violation in Colorado Springs, CO.
How long do I have to file a motion to enforce a custody order in Colorado?
There is no fixed deadline for filing a motion to enforce parenting time in Colorado, but acting promptly strengthens your case. An attorney can advise on timing based on your specific circumstances.
Can I withhold child support if my ex is violating the custody order?
No — child support and parenting time are treated as separate legal obligations under Colorado law. Withholding support can result in enforcement action against you, regardless of the other parent's conduct.
What does "contempt of court" mean for a custody violation?
Contempt means the court finds a parent intentionally disobeyed a court order. Penalties in Colorado can include fines, mandatory classes, makeup parenting time, payment of the other party's attorney's fees, or in serious cases, jail time.
Do I need a lawyer to file a motion to enforce parenting time?
You are not legally required to have an attorney, but having one significantly improves your chances of presenting the evidence correctly. Colorado family court procedures are specific, and mistakes in filings can delay or weaken your case.
If your ex has violated a custody order in Colorado Springs and you are unsure what to do next, FindCounselNow can connect you with a local family law attorney for a free case review — so you can understand your options and take the right steps forward.