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Relocating to Colorado Without Other Parents Consent

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Relocating to Another State Without the Other Parent’s Knowledge or Consent in Colorado

When a parent moves a child out of Colorado without first notifying the other parent or obtaining court approval, the legal and emotional consequences can be severe. Below, we cover what can happen if a parent attempts a secret relocation, under what limited circumstances an emergency or safety-based move might be allowed, and how the left-behind parent can protect their rights.

Why This Page Exists

  • Explain Consequences: Unauthorized relocations risk violating Colorado custody orders and can trigger both civil and criminal penalties.
  • Outline Exceptions: Some urgent situations—like immediate danger to the child—can grant temporary emergency jurisdiction for relocation.
  • Protect Parents & Children: Understanding these rules helps prevent unlawful moves and ensures children’s best interests are respected.
  • Civil & Criminal Penalties: In Colorado, moving a child out of state without proper notice can lead to contempt of court, fines, or a court-ordered change in custody. In extreme cases, a parent may face charges under C.R.S. § 18-3-304 (parental kidnapping).
  • Violation of Existing Orders: If a valid custody or parenting-time order exists, failing to follow it can result in additional enforcement actions or sanctions from the court.
  • Immediate Threats: If you or your child faces domestic violence or another genuine threat, Colorado law may allow a parent to move temporarily without prior notice.
  • Temporary Emergency Jurisdiction: Under the UCCJEA (C.R.S. § 14-13-204), Colorado courts can exercise emergency jurisdiction if the child is in immediate danger, granting short-term authorization for relocation until a more permanent resolution is made.
  • Filing for Enforcement: A non-moving parent can file a Verified Motion to Enforce Parenting Time (JDF 1422) if the other parent left the state with the child in violation of an existing order.
  • Emergency Orders: Courts may grant expedited hearings or injunctions to recover the child or prevent the relocating parent from leaving. If you suspect an imminent move, notify law enforcement and your county’s family court.
  • Changing Custody: A judge may modify parental responsibilities to award the left-behind parent primary custody if the relocation was done in bad faith or outside the law.
  • Sanctions & Penalties: Colorado courts can impose attorney’s fees, mandate the child’s return, or take other steps to deter future unauthorized moves.
  • Colorado Bureau of Investigation (CBI): Works in tandem with local law enforcement on missing or abducted child cases.
  • National Center for Missing & Exploited Children (NCMEC): Offers 24-hour hotlines and guidance for families dealing with child abduction (1-800-THE-LOST).
  • Local Nonprofits & Legal Aid: Some organizations provide free or low-cost counsel for parents facing a suspected unauthorized relocation.

Why It Matters

An unapproved move can disrupt a child’s life and severely undermine the co-parenting relationship. Colorado courts treat such actions seriously to ensure each parent’s rights are protected and to keep the child from being placed in an unstable environment.

Practical Tips

  1. Document Everything: Save emails, texts, or social media posts that hint at a potential out-of-state move without consent.
  2. Act Swiftly: If you believe the other parent is planning to relocate your child unlawfully, consult a licensed Colorado attorney and possibly law enforcement right away.
  3. Know Your Rights: Keep a certified copy of your custody or parenting order on hand. Law enforcement agencies often require proof of a valid order to intervene.

Cross-References

  • State-Specific Statutes & Regulations (Section 1): Check for any additional code sections on unauthorized relocations.
  • Court Process & Important Case Law (Section 2): Explore rulings and procedures relevant to parental kidnapping or contempt actions.
  • Evidentiary Tools & Resources (Section 5): Compile evidence that shows immediate threats or safety concerns if you need an emergency relocation, or proof of wrongful intent by the relocating parent.

Unauthorized moves out of Colorado can have far-reaching consequences—both legally and for a child’s emotional well-being. By knowing the legal risks, available remedies, and emergency exceptions, parents can make informed decisions and act quickly to uphold their rights and protect their children.