If Your Co-Parent is Relocating Your Children Without Your Consent:
Following a Colorado divorce, it is not unusual for one parent to want to establish a new life in a new location. Sometimes that means starting a new job in another state or moving from Colorado to be closer to family members. While the idea of leaving a former life behind can be stimulating and exciting to one parent, the idea of a co-parent relocating with the children can be a nightmare for the other parent.
Consulting with a Colorado Family Law Attorney
If you are concerned that your co-parent is considering relocating with your children without your consent, it is important to consult with a Colorado family law attorney right away. These cases are time sensitive and should be acted upon immediately. If you are concerned that your former spouse is likely to abduct your child, it is important to know that you have recourse per Colorado law.
The Uniform Child Abduction Act, UCAPA
Colorado adopted the Uniform Child Abduction Prevention Act "UCAPA" in 2007. This act allows Colorado courts to issue preventative orders when there is a risk of child abduction by the other parent. UCAPA defines an "abduction" as the wrongful removal or retention of a child.
If you can supply evidence to the court that indicates your co-parent may be wrongfully relocating with yourchildren, the court can issue an order adapted to your specific needs and unique circumstances that will prevent this from happening.
Evidence can include:
· Your co-parent recently left their place of employment
· Your co-parent in living in a temporary residence
· Your co-parent closed their bank accounts
· Your co-parent recently obtained copies of your child's medical & school records
If the Colorado court finds evidence that your child is at risk of being wrongfully removed, the judge can prohibit your co-parent from picking your child up at school or daycare, and impose travel restrictions on your co- parent. Your child's name can be placed with the U.S. Department of State so your co-parent cannot obtain a new passport for the child. If a passport has already been issued, then the judge can require that the child's passport, and the parent's passport, be surrendered to the court.
What Can I Do if My Child has Already Been Wrongfully Removed?
If you are in a situation where your children have already been wrongfully removed from the State of Colorado, the court can direct law enforcement to take action to locate and return the child; and/or require the other parent to post bond as a financial deterrent to abduction.
Contact Elissa Bercovitz
If you believe that your co-parent is planning to relocate your child without your consent, or if your child has already been taken by your co-parent, your best course of action is to have an experienced family law attorney who will fight for your parental rights. Call Elissa Bercovitz today at the Bercovitz Law Firm at 303 803 1678.