Supreme Court of Colorado
In Re the Marriage of Wollert
June 1, 2020464 P.3d 703
Summary
The court held that a motion to restrict parenting time under section 14-10-129(4) must satisfy the particularity requirement of C.R.C.P. 7(b)(1), rather than the former facial-insufficiency standard. When such a motion specifically alleges that a child faces imminent physical or emotional danger, the court must hold a hearing within fourteen days and may not resolve the motion based on credibility without a hearing. Applying that rule, the court concluded that Father’s motion was sufficiently particular, made the rule absolute, and remanded for an emergency hearing.