Ms. Storey answered this question that was posted on Avvo.
THE QUESTION :
I have a mutually stipulated parenting plan that was signed into order over a year ago. It is a contentious relationship with the other parent as she routinely shows 30 minutes or more late to dropoffs with last minute notice if any and misses the court ordered phone call time with our child over 80 percent of the time without any explanation or consideration by providing notice. This is all coming to a head because she planned a trip to Hawaii during my parenting time that she is not allotted. She stated she forgot but mentioned the trip months ago just not dates. I have refused to consent to this because of the ongoing violations and overall inconsiderate behavior for a year plus now. I know as far as the criminal law is concerned, there is nothing to pursue but contempt maybe?
Ms. Storey’s Answer:
I am going to caution you against seeking contempt sanctions. That is always disfavored by the courts, and does not assist you with making less of a contentious relationship. There is, however, a statute right on point.
Colorado has a unique statutory provision that specifically addresses disputes concerning parenting time. It is directed at non-compliance with a parenting time order, and is favored by courts under these circumstances. It would be applicable if your son is being returned to you late for the commencement of your parenting time. The possible relief includes make-up parenting time to you similar to what was missed as a result of her violations.
If she is missing phone calls with the child during your parenting time, that is her loss. But, there is no reason for you to seek anything against her related to that. Just keep track of those times should there ever be future litigation. Good luck to you.