Colorado justices say judges can nearly eliminate parenting time without it being a ‘restriction’

June 10, 2026 - 16:46

The Colorado Supreme Court ruled last month that trial judges have the authority to reduce a parent's time with their child after a divorce to nearly nothing, and that such a move does not automatically count as a "restriction" under state law. The decision means judges do not have to meet the higher legal standard typically required when a parent's rights are formally limited.

All seven justices agreed on the outcome of the case, though they differed in their reasoning. The central question was whether cutting parenting time to a minimal level -- just above zero -- should be treated the same as a full restriction on parental rights. The majority said no, arguing that the law distinguishes between adjustments to a parenting plan and outright restrictions, which demand stronger evidence of harm to the child.

Critics of the ruling worry it gives judges too much discretion to effectively sever a parent's relationship with their child without the procedural safeguards meant to prevent that outcome. Supporters say the decision simply clarifies existing law and preserves judicial flexibility in complex family cases. The court emphasized that judges must still act in the best interest of the child, but the ruling lowers the bar for what counts as a restriction.