Concerning additional parenting time for a parent who is wrongfully denied court-ordered parenting time.
Summary
SB 26-073 would create a new court remedy for a parent or legal custodian who was wrongly denied court-ordered parenting time because of an investigation by law enforcement, a child welfare agency, or a county human/social services department, so long as that investigation did not end in a substantial finding of abuse or neglect. In those circumstances, the court would generally be required to award additional parenting time unless the other parent or custodian shows good cause why that relief should not be ordered.
The additional time must match the type and duration of the parenting time that was denied, and it may include weekends, holidays, or vacation periods. The bill also allows the affected parent or custodian to choose the dates and times for the make-up parenting time, subject to the court order, and requires that the time be used within two years after the court’s finding of wrongful denial. The bill expressly states that it does not create a cause of action against state or local agencies and does not itself constitute a material change in circumstances for modifying an existing parenting-time order.
Impact
The bill would add a new section to Colorado’s domestic relations statutes, specifically Colorado Revised Statutes section 14-10-129.7, establishing a statutory mechanism for compensatory parenting time in certain cases of wrongful denial. It would affect family law proceedings involving parenting time disputes, while also limiting broader legal exposure by stating that it does not create a lawsuit against the Department of Human Services, child welfare agencies, or law enforcement agencies. The bill applies only to parenting time disputes or motions filed on or after its effective date, and it preserves prior law for final orders entered before that date.
Sentiment
Based on the bill text and available legislative history, the measure appears to have been introduced as a targeted family-law remedy intended to address situations where a parent loses court-ordered time because of an investigation that does not substantiate abuse or neglect. There are no recorded committee transcripts or votes showing broad support or opposition, but the bill’s framing suggests a policy goal of restoring lost parenting time rather than expanding liability or changing custody standards. Its last recorded action was a Senate Judiciary postponement indefinitely, indicating the bill did not advance out of committee.
Contention
The main point of contention is likely the balance between compensating a parent for wrongly lost time and preserving the discretion of courts and child-protection authorities in sensitive abuse or neglect investigations. Supporters would likely emphasize fairness to parents who were denied time without a substantiated finding, while opponents may worry that a mandatory make-up-time remedy could interfere with child safety decisions, complicate enforcement, or pressure agencies and courts in close cases. The bill tries to address some of those concerns by limiting relief to cases without a substantial abuse or neglect finding and by disclaiming any new cause of action against agencies.