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In re Parental Responsibilities Concerning W.F-L.

Court of Appeals of Colorado, First Division

November 15, 2018

In re the Parental Responsibilities Concerning W.F-L., a Child, and Concerning Shaun Edward Lee, Appellant, and Suzanne Jean Flagge, Appellee.

          Elbert County District Court No. 16DR30008 Honorable Robert Raymond Lung, Judge.

          Paul Arnold, Guardian Ad Litem.

          The Bruntz Law Firm, LLC, G. Damon Bruntz, Parker, Colorado, for Appellant.

          Plog & Stein, P.C., W. Curtis Wiberg, Greenwood Village, Colorado, for Appellee.

          OPINION

          TAUBMAN JUDGE.

         ¶ 1 Shaun Edward Lee (father) appeals the district court's order denying his motion to enforce a Georgia court's order allocating parenting time for his child with Suzanne Jean Flagge (mother). We reverse and remand the case for further proceedings.

         I. Background

         ¶ 2 The parties were never married but have one child together who was born in 2004. A Georgia court entered a final order in 2011 and a modified parenting plan in 2012 concerning the child. In 2014, mother and the child relocated to Colorado.

         ¶ 3 In 2016, father petitioned to register the 2012 Georgia parenting plan in Colorado under section 14-13-305, C.R.S. 2018. Mother responded, arguing that both the parenting plan and 2011 final order from Georgia needed to be registered in Colorado and co-petitioning to register both orders.

         ¶ 4 Father then filed a verified motion under section 14-10-129.5, C.R.S. 2018, alleging that mother was not permitting him to exercise his parenting time or contact the child. He requested a hearing and that the district court order additional terms to the parenting plan to ensure mother's compliance and that she pay his costs and attorney fees incurred in bringing the action.

         ¶ 5 Mother opposed father's motion and moved to modify parenting time, arguing that the parties' circumstances had changed such that the Georgia parenting plan no longer served the child's best interests.

         ¶ 6 At the final orders hearing, the district court entered an order registering the Georgia orders in Colorado and adopted the parties' stipulations for future parenting time.[1] It further found that it lacked jurisdiction to grant father the enforcement remedies he sought and denied his section 14-10-129.5 motion.

         ¶ 7 Father's appeal followed.

         II. Subject Matter Jurisdiction to ...


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