19-4-105.5. Commencement of proceedings - summons - automatic temporary injunction - enforcement.

Statute text

(1) All proceedings under this article shall be commenced in the manner provided by the Colorado rules of civil procedure or as otherwise provided in this section or section 26-13.5-104, C.R.S.

(2) Upon commencement of a proceeding under this article by one of the parties, the other parties shall be served in the manner set forth in section 19-4-109 (2), the Colorado rules of civil procedure, or as otherwise provided in section 26-13.5-104, C.R.S.

(2.5) Upon the commencement of a proceeding under this article, each party shall provide to the court, in the manner prescribed by the court, his or her social security number and the social security number of each child who is the subject of the proceeding under this article.

(3) Proceedings under this article may be commenced prior to the birth of a child.

(4) If a petition is filed by an alleged father or possible father pursuant to the requirements of section 19-5-103.7, the licensed child placement agency involved shall receive notice of the action in the same manner as a party to the action.

(5) A summons issued upon commencement of a proceeding under this article shall contain the following advisements and notice:

(a) That a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S.;

(b) That, if genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date; and

(c) (I) That, except in proceedings initiated pursuant to section 14-10-124.4 or in proceedings initiated by a delegate child support enforcement unit, as defined in section 26-13-102.5 (1), pursuant to article 13 or 13.5 of title 26, or article 5 of title 14, upon personal service of the petition and summons on a respondent or upon waiver and acceptance of service by a respondent, a temporary injunction shall be in effect against both parties:

(A) Enjoining each party from molesting or disturbing the peace of the other party;

(B) Restraining each party from removing a minor child who is the subject of a proceeding under this article from the state without the consent of all other parties or an order of the court modifying the injunction; and

(C) Restraining each party, without at least fourteen days' advance notification and the written consent of all other parties or an order of the court modifying the injunction, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, a policy of health insurance or life insurance that provides coverage to a minor child who is the subject of the proceeding or that names the minor child as a beneficiary of a policy.

(II) The temporary injunction shall be in effect upon personal service of the petition and summons on a respondent or upon waiver and acceptance of service by a respondent and shall remain in effect for one hundred twenty days after its effective date unless all parties consent to a modification of the temporary injunction. The court may, upon the motion of a party or upon its own motion, modify the length of time the temporary injunction is in effect to a shorter or longer period of time as the court deems appropriate.

(6) The provisions of the temporary injunction described in subsection (5) of this section shall be printed on the summons and the petition. A party may apply to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of the temporary injunction.

(7) For purposes of enforcing the automatic temporary injunction described in paragraph (c) of subsection (5) of this section, if a respondent shows a duly authorized peace officer, as described in section 16-2.5-101, C.R.S., a copy of the petition and summons filed and issued pursuant to this section, or if a petitioner shows the peace officer a copy of the petition and summons filed and issued pursuant to this section together with a certified copy of the affidavit of service of process or a certified copy of the waiver and acceptance of service, and the peace officer has cause to believe that a violation of the part of the automatic temporary injunction that enjoins a party from molesting or disturbing the peace of the other party has occurred, the peace officer shall use every reasonable means to enforce that part of the injunction against the petitioner or respondent, as applicable. A peace officer shall not be held civilly or criminally liable for his or her actions pursuant to this subsection (7) if the peace officer acts in good faith and without malice.

History

Source: L. 94: Entire section added, p. 1541, 13, effective May 31. L. 96: Entire section amended, p. 612, 13, effective July 1. L. 2005: (3) and (4) added, p. 102, 3, effective July 1; (5) added, p. 378, 3, effective January 1, 2006. L. 2006: (5)(b) amended, p. 516, 2, effective August 7. L. 2010: (5) amended and (6) and (7) added, (HB 10-1097), ch. 39, p. 158, 1, effective August 15. L. 2011: (2.5) added, (SB 11-123), ch. 46, p. 119, 5, effective August 10. L. 2023: IP(5)(c)(I) amended, (HB 23-1026), ch. 243, p. 1307, 7, effective August 7.

Annotations

Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.

Annotations

 

ANNOTATION

Annotations

Although a paternity case may be commenced prior to a child's birth pursuant to this act, the act has no provisions authorizing a court to make a custody determination or an allocation of parental responsibilities concerning an unborn child. The necessary home state determination must be made after the child's birth. People in Interest of G.C.M.M., 2020 COA 152, 477 P.3d 792.

Provision in subsection (5)(c)(I)(B) restraining the removal of a child from the state does not apply to an unborn child. There is no provision in the Colorado Children's Code restricting movement of a pregnant woman. People in Interest of G.C.M.M., 2020 COA 152, 477 P.3d 792.