INSTRUCTIONS FOR FILING A MOTION TO REMOVE OR TO CHANGE RESIDENCE A motion to remove the children from this state or to substantially change their residence requires that you prove to the court that the move is in the best interests of the children. The court has different standards for different allocations of parental responsibilities. The court always needs to know whether the children live primarily with one or both parents. If your orders were entered before February 1999, the court needs to know whether legal custody is joint or sole. These terms are defined in the Instructions for Modification of Custody or Allocation of Decision-Making Responsibility, and you should review those instructions. The court also needs to know what your original orders say about the possibility of moving with the children. Removal involves complicated issues. The court has to look at how and where the children will live after a move, and consider how contact with the other parent will be maintained. Removal questions may also involve modifications of parenting time and child support. If you can afford to consult with a lawyer, you may wish to do so. If you are moving the child’s residence within this state, you may still need the court’s permission. If the move is so substantial that parenting time or other parts of the parenting time agreement need to be modified, you will need to file a motion with the court. Again, the standard is best interests. You should inform the other parent as soon as practical of your intent to move, the new address, and how to reach the child(ren). JDF 1407 I R7/00 INSTRUCTIONS FOR FILING A MOTION TO REMOVE OR TO CHANGE RESIDENCE PAGE 1 OF 1 ! District Court _________________________________________ County, Colorado Court Address: In Re: Petitioner: v. COURT USE ONLY Respondent/Co-Petitioner: Attorney or Party Without Attorney (Name and Address): Case Number: Phone Number: FAX Number: Division E-mail: Atty. Reg. #: MOTION TO: OR ! Courtroom ! REMOVE MINOR CHILD(REN) FROM COLORADO CHANGE THE PERMANENT RESIDENCE OF THE CHILD(REN) 1. The ! Petitioner ! Respondent/Co-Petitioner (check one) requests that the court enter an order: ! Allowing the permanent residence of the minor child(ren) to be changed from the State of Colorado to the State of and, if necessary, modifying the parenting plan to accommodate that change. OR ! Allowing the permanent residence of the child(ren) to be changed, and, if necessary, modifying the parenting plan to accommodate that change. 2. The parties have Name minor child(ren): Sex Date of Birth 3. The last order regarding the residence of the child(ren) was entered on (date). 4. Under the terms of the last order regarding the child(ren)’s residence, the child(ren) reside with the ! Petitioner ! Respondent/Co-Petitioner (check one). 5. Under the terms of the last parenting time order, the Petitioner has ______ overnights with the child(ren) per year, and the Respondent/Co-Petitioner has ______ overnights with the child(ren) per year. 6. Has a motion for modification of the parenting plan been filed within the last two years? ! Yes 7. If the existing order was entered prior to February 1999, is the custody of the child(ren) ! No ! sole or ! joint? JDF 1407 R7/01 MOTION TO REMOVE MINOR CHILD(REN) FROM COLORADO OR MOTION TO CHANGE THE PERMANENT RESIDENCE PAGE 1 OF 3 2002 © American LegalNet, Inc. 8. If sole custody, which parent is the custodian? _____________________________________________ 9. Do any restrictions or provisions exist in the current court orders regarding removal or the child(ren)’s residence? __________________________________________________________________________ 10. 11. The move or change of residence is necessary for the following reasons: REQUIRED NOTICE OF PRIOR RESTRAINING ORDERS. Have any Temporary or Permanent Restraining Orders to prevent domestic abuse or any Criminal Restraining Orders or Emergency Protection Orders been issued against either party? ! No ! Yes If your answer was yes, complete the following: The Restraining Order was ! Temporary ! Permanent and issued against _______________________ in the County of _____________________ State of _____________________ in case number __________________. What was the subject matter of the Restraining Order or Emergency Protection Order? Therefore I request: ! Removal of the minor child(ren) from the State of Colorado. OR ! A change in the permanent residence of the child(ren). Date: ! Petitioner OR ! Respondent/Co-Petitioner Address City, State, Zip Code (Area Code) Telephone Number (home) (Area Code) Telephone Number (work) JDF 1407 R7/01 MOTION TO REMOVE MINOR CHILD(REN) FROM COLORADO OR MOTION TO CHANGE THE PERMANENT RESIDENCE PAGE 2 OF 3 2002 © American LegalNet, Inc. CERTIFICATE OF SERVICE I certify that on (date) the original and one copy of this document were filed with the court; and, a true and accurate copy of the MOTION TO REMOVE MINOR CHILD(REN) FROM COLORADO OR MOTION TO CHANGE THE PERMANENT RESIDENCE OF THE CHILD(REN) was served on the other party by ! Hand Delivery OR ! Faxed to this number OR ! by placing it in the United States mail, postage pre-paid, and addressed to the following: TO: (Your signature) JDF 1407 R7/01 MOTION TO REMOVE MINOR CHILD(REN) FROM COLORADO OR MOTION TO CHANGE THE PERMANENT RESIDENCE PAGE 3 OF 3 2002 © American LegalNet, Inc.