Tag: domestic relations
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Appeals judge asks Colorado Supreme Court to once again clarify magistrate rules
A member of Colorado’s second-highest court urged the state Supreme Court last week to revise confusing language in the rules governing magistrates, less than two weeks after an attempted cleanup of the rules took effect. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
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Colorado Supreme Court struggles with rubric for significant reductions in parenting time
The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
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Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
Colorado’s second-highest court overturned a Jefferson County judge’s order last week in a long-running dispute about whether two ex-spouses must call their child by his first name or middle name outside the home. In doing so, a three-judge Court of Appeals panel clarified that the standard for restricting a parent’s free speech rights is a…
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Colorado justices approve changes to rules governing magistrates’ decisions
The Colorado Supreme Court recently approved a set of revisions to the rules governing magistrates, which judges have long recognized as confusing. Although the justices adopted the package in early September, they later changed how the rules take effect. Originally, the revisions would have been effective for new cases starting on Jan. 2, 2026. After…
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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‘Not gonna pro bono our way out of this problem’: Justice Melissa Hart speaks about solving access to justice
Justice Melissa Hart and some of Colorado’s leading pro bono advocates spoke last month about the initiatives currently in place to provide legal assistance to unrepresented litigants, and delivered the message that more volunteer hours simply will not aid everyone who requires help. “We are not gonna pro bono our way out of this problem.…
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Colorado Supreme Court committee advances election-related change, goes back to work on magistrate rules
The Colorado Supreme Court’s civil rules committee approved a procedural change on Friday for court challenges to presidential electors, a move that complies with legislation passed this year. The committee also heard from the Supreme Court that it must perform further work on proposed changes to the rules governing magistrates, after the justices heard criticism…
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Colorado Supreme Court weighs effort to streamline magistrate rules, aid litigants
Members of the Colorado Supreme Court took comments on Tuesday about proposed changes to the rules governing magistrates, where they heard that the attempt to streamline protocols still presents challenges for litigants and for the trial judges who review magistrate decisions. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial…
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Appeals court divided over meaning of judge’s parenting order
Colorado’s second-highest court was split last week over whether to uphold an Arapahoe County judge’s parenting order, with two appellate judges interpreting the language differently than the parties and the third appellate judge. In the underlying case, the county filed a child neglect case on behalf of a 4-year-old girl. At an October 2023 hearing,…
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A lifeline inside and outside the courtroom: Colorado’s newly minted legal workers step into arena | COVER STORY
Last month, Chief Justice Brian D. Boatright looked out at the packed courtroom of the Colorado Supreme Court to usher in a historic moment in the state’s 148-year existence. “We are at a point where people need help. And we’re calling in the cavalry,” he said. Boatright proceeded to swear in the first class of…