Does a Motion to Restrict Parenting Time have the same two year impact on future parenting time changes as a Motion to Modify?
2 attorney answers
First of all, there is no two year restriction on filing a motion to modify parenting time. That two year ban only applies to motions to modify parenting time which seeks to change the parent with whom the child(ren) primarily reside. A motion to modify which seeks to increase or decrease parenting time without changing the primary residence of the child(ren) does not face that two year bar. A motion to restrict is not such a motion; although it could be combined with a motion to modify.
Also, the court is not supposed to apply the two year time bar if a motion to change the primary parent is based on imminent danger to the children. You should read the applicable statute, Section 14-10-129, Colorado Revised Statutes.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
You are mixing apples and oranges. The two year rule deals with a motion to modify without any reason every two years while you can file a motion to modify at any time if you have a basis involving a change in circumstances.
So, if you have a modification after two years and a month later the other parent loses their job and will be moving you can file to alter custody further for the benefit of the children assuming you have a valid reason. (Custodian needs to remove the children from private school because of money and they are seniors and things like that). ( Another example is a major illness of the custodial parent that limits their ability to care for a 6 or 7 year old child. )