In re the Parental Responsibilities Concerning W.F-L., a Child, and Concerning Shaun Edward Lee, Appellant, and Suzanne Jean Flagge, Appellee.
County District Court No. 16DR30008 Honorable Robert Raymond
Arnold, Guardian Ad Litem.
Bruntz Law Firm, LLC, G. Damon Bruntz, Parker, Colorado, for
& Stein, P.C., W. Curtis Wiberg, Greenwood Village,
Colorado, for Appellee.
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
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
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. 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.
Subject Matter Jurisdiction to ...