JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

Jurisdiction: Country: United States | Province or State: Colorado

If you are considering changes to your current parenting schedule, JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time is the form used in Colorado courts to ask for that change. It is a formal request to the court to modify an existing parenting time order or to place limits on a parent’s time with a child.

This document is not for creating an initial parenting plan. It is used after a court has already entered orders about parenting time. You use it when something important has changed or when you believe a child’s well-being is at risk.

The form combines two things in one filing. It is both a motion, which asks the court for a specific change, and an affidavit, which is your sworn statement of facts. That means what you write must be truthful and based on personal knowledge.

If you are representing yourself, this form may feel intimidating. Understanding what it does and how it works can help you prepare a clear and focused request.

What is JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time?

Clear definition

JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time is a court document filed in an existing family law case. It asks a judge to modify the current parenting time schedule or to restrict a parent’s contact with a child.

“Change” usually means adjusting the schedule. This might involve different days, times, holidays, or transportation arrangements. “Restrict” typically means placing limits on parenting time because of concerns about a child’s physical, emotional, or mental health.

The affidavit portion is your sworn explanation of the facts. You are telling the court what has happened and why the current order no longer works or is not safe.

Who typically uses this form?

This form is commonly used by parents who already have a court-ordered parenting plan. Either parent can file it. In some situations, a legal guardian or another party to the case may also file, depending on the case structure.

Self-represented parents often use this form when they cannot reach an agreement with the other parent. If both parents agree to changes, a different document may be used to submit a stipulated agreement.

You might use this form if you believe circumstances have changed in a meaningful way since the last order was entered. The court generally expects more than minor disagreements.

Why might you need this form?

You may need this form if the current parenting time schedule no longer reflects your child’s needs. Children grow, schedules shift, and family circumstances evolve. A plan that worked two years ago may not work now.

You might also need it if you believe your child is in danger during parenting time with the other parent. The court takes allegations of endangerment seriously. This is where the “restrict” portion of the form becomes important.

Another reason could be repeated violations of the existing order. If one parent is not following the schedule or is interfering with the other parent’s time, you may ask the court to modify the arrangement to reduce conflict.

The form may also be used when a parent relocates or plans to relocate. A move can make the current schedule impractical or impossible.

Typical real-life scenarios

• A parent changes work schedules and can no longer follow the original weekday parenting plan. The child is left with third parties for long periods. The other parent asks the court to adjust the schedule to better match availability.
• One parent moves to a different city within Colorado. The original exchange times and school-based pickups no longer make sense. The existing order does not address long-distance travel.
• A child begins struggling in school. One parent believes the frequent midweek transitions are contributing to the problem and asks for a more stable arrangement during the school week.
• A parent develops concerns about substance use during the other parent’s parenting time. There are specific incidents that raise safety concerns. The filing asks for supervised parenting time or other limits.
• There are repeated arguments during exchanges. Police have been called multiple times. A parent requests structured exchange procedures to reduce conflict and protect the child from exposure to hostility.

When would you use JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time?

You would use JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time after a final parenting time order is already in place. It is not used during the initial divorce or allocation of parental responsibilities process unless you are modifying temporary orders in an existing case.

Timing matters. Courts generally look for a significant change in circumstances or evidence that the current arrangement endangers the child. A simple disagreement over minor scheduling details often does not meet that threshold.

Either parent may file the motion. The parent filing is sometimes referred to as the moving party. The other parent is the responding party. Both will have the opportunity to present information to the court.

In some cases, a request to restrict parenting time may trigger additional court procedures. This can include a review of whether the allegations, if true, show that the child may be in danger. The court may schedule a hearing to examine the claims more closely.

You may also use this form if there is an existing order from another Colorado court and you are asking that same court to make changes. The case number and original court information must match the existing case.

This form is not designed to change decision-making responsibility unless that request is specifically included and allowed in your case. Parenting time and decision-making are related but legally distinct issues.

Legal characteristics of JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

This document becomes legally meaningful once it is properly filed in the correct case. It must include accurate case information, such as the court name, case number, and the names of the parties as they appear in the original order.

Because the affidavit is sworn, you are declaring under penalty of perjury that the facts are true. Providing false information can have serious legal consequences, including sanctions or damage to your credibility.

The form must clearly state what you are asking the court to do. Vague requests create confusion. Courts typically look for specific proposed changes, such as a revised weekly schedule or defined supervision conditions.

Common problems that lead to delay or rejection include incomplete sections, missing signatures, failure to sign before a notary if required, and failure to properly serve the other party. Filing without proper service can stall the process.

Courts generally require that the request relate to the child’s best interests. Statements focused only on the conflict between parents, without showing how the child is affected, may be less persuasive.

This form does not automatically change the parenting time order. The existing order remains in effect unless the court enters a new order. Filing the motion alone does not grant immediate relief unless the court issues temporary or emergency orders.

High-level procedures may vary slightly depending on the judicial district. Some courts may require additional documents, such as a proposed order or case information sheet. Local practices can affect scheduling and review processes.

Is it legally binding?

JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time itself is not legally binding in the sense of changing rights immediately. It is a request for the court to act. The binding effect comes from the court’s order after review.

Once a judge signs an order modifying or restricting parenting time, that new order replaces the prior schedule to the extent it is changed. At that point, both parents are legally required to follow the updated terms.

Until a new order is entered, the previous parenting time order generally remains enforceable. Ignoring it based solely on filing this motion can create legal complications.

If the court denies the motion, the existing order stays in place. The filing does not create automatic consequences for the other parent unless the court finds that restrictions are necessary.

How to fill out JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

Step 1 – Complete the case caption

At the top of the form, enter the court name, county, and case number exactly as they appear on your existing orders. List the parties’ names in the same order used in the original case. Accuracy here ensures the filing is placed in the correct case file.

Step 2 – Identify yourself and your role

Indicate whether you are the petitioner, co-petitioner, or respondent. This clarifies your role in the case. Use the same title assigned to you in the original case, even if circumstances have changed since then.

Step 3 – State what you are requesting

Clearly check or mark whether you are asking to change parenting time, restrict parenting time, or both. If the form provides space for a description, summarize the type of modification you are seeking. Keep this section focused and specific.

Step 4 – Describe the current order

Provide the date of the existing parenting time order. Briefly describe the current schedule. This helps the court understand what is in place before considering any modification.

Step 5 – Explain the change in circumstances or concerns

In the affidavit section, explain in detail what has changed or what problems have occurred. Include dates, locations, and specific events when possible. Focus on facts rather than conclusions. Connect each concern to how it affects the child.

Step 6 – Provide information about endangerment if requesting restriction

If you are asking to restrict parenting time, describe the reasons you believe the child’s physical or emotional health is at risk. Be precise about behaviors or incidents. Avoid general accusations. The court evaluates whether the allegations, if true, meet the legal standard for restriction.

Step 7 – Propose a new parenting time arrangement

Describe the schedule or restrictions you want the court to order. Outline days, times, holidays, and exchange details if you are proposing a change. If you are requesting supervision or other limits, describe the conditions you are asking the court to consider.

Step 8 – Address notice and service information

Confirm the contact information for the other parent as required by the form. Proper service ensures the other party receives a copy of your filing and has an opportunity to respond. The court generally will not act without proof that the other party was notified according to procedural rules.

Step 9 – Review and sign the affidavit

Read your entire statement carefully before signing. Make sure all sections are complete and accurate. Sign the affidavit as required, which may involve signing under oath in front of a notary or court clerk, depending on the form’s instructions. Once signed, file the completed document with the court in your existing case.

Legal terms you might encounter in JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

1. Affidavit: An affidavit is a written statement you swear or affirm is true. On this form, your affidavit explains the facts that support your request to change or restrict parenting time. You sign it under penalty of perjury, which means you can face legal consequences if you knowingly include false information.
2. Material Change in Circumstances: This phrase refers to a significant change that affects the child’s life or well-being since the last court order. In this document, you must describe what has changed and when it happened. The court looks for specific facts, not general dissatisfaction.
3. Endangerment: Endangerment means that the child’s physical health or emotional development may be at risk. If you are asking to restrict parenting time, you must explain how the current arrangement seriously affects the child. You need detailed examples, dates, and outcomes.
4. Restriction of Parenting Time: A restriction limits how or when a parent spends time with the child. This can include supervised visits, no overnight stays, or conditions like substance testing. On this form, you must clearly state what restriction you want and why it is necessary.
5. Supervised Parenting Time: This is parenting time that occurs in the presence of another adult who monitors the interaction. The supervisor may be a professional or another agreed-upon adult. If you request supervision, you should identify who would supervise and under what conditions.
6. Verified Motion: A verified motion is a formal request to the court that includes sworn facts. This document functions as both a motion and an affidavit. By signing it, you verify that the information is true to the best of your knowledge.
7. Service of Process: Service means delivering a copy of your filed document to the other party in the case. After you complete this form, you must ensure the other parent receives it in a legally acceptable way. You may also need to file proof that the service was completed.
8. Burden of Proof: The burden of proof is your responsibility to show the court why your request should be granted. When you file this form, you carry the burden of providing enough evidence and detail. The judge will not assume facts that you do not clearly state.
9. Best Interests of the Child: This standard guides the court’s decision. The judge considers whether your proposed change supports the child’s safety, stability, and overall well-being. Your explanations in the form should connect directly to how your request benefits the child.

FAQs

Do I need to attach evidence when I file this form?

You should review the instructions that accompany the JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time to see whether attachments are required at filing or later at a hearing. If you reference police reports, medical records, school communications, or text messages in your affidavit, make sure you clearly label and attach copies if allowed. Each attachment should be identified in your affidavit so the judge understands what you are referring to. Keep your originals for your records.

What effective date should I put for the requested change?

You are not setting the effective date yourself. You are asking the court to enter a new order. In the section where you describe what you want, you can state that the change should take effect immediately or on a specific future date. The judge decides the official effective date in the signed order.

Who is allowed to sign this document?

Only the person filing the motion signs the affidavit portion. You must sign it yourself because you are swearing to the truth of the statements. If you have an attorney, your attorney may also sign in the designated attorney section, but that does not replace your required signature.

What happens if I forget to include the current parenting time order details?

This document asks you to describe the existing order, including the date it was entered. If you leave that blank or provide incorrect information, the court may not clearly understand what you are asking to change. Always check your prior order and copy the exact language or schedule you are seeking to modify.

Will filing this document automatically change parenting time?

No. Filing JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time starts the process, but nothing changes until a judge signs a new order. Until then, you must follow the existing parenting time order. Acting as if the change is already approved can create problems for you in court.

What if my request is urgent and involves safety concerns?

If you believe the child is in immediate danger, you should clearly explain the urgency in your affidavit and indicate that you are requesting immediate relief. Use specific dates and events. The court may review the filing to decide whether temporary action is needed before a full hearing.

Do I need to match my name exactly as it appears on prior court papers?

Yes. Use the same spelling and format of your name as it appears in the case caption of previous orders. If your name has legally changed, you should reference your prior name as listed in the case. Consistency prevents confusion and filing delays.

What changes become part of the public court record when I file this form?

When you file this document, your statements and any attachments generally become part of the official court record. That means the other party can review what you submitted. You should include necessary facts but avoid sharing unrelated private details that are not directly relevant to your request.

Checklist: Before, During, and After JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

Before

• Review your current parenting time order and highlight the sections you want to change.
• Gather dates, documents, and specific examples that support your request.
• Make a timeline of events to keep your affidavit organized and factual.
• Confirm the correct case number and court location.
• Decide whether you are requesting a modification, a restriction, or both.
• Identify any witnesses who may support your statements at a hearing.
• Check whether you need additional forms to file with this motion.
• Prepare copies of any documents you plan to attach.

During

• Complete every section of the caption exactly as it appears in prior filings.
• Clearly state what you are asking the court to order.
• Describe the current schedule before explaining the requested change.
• Use specific dates and facts instead of opinions or conclusions.
• Reference any attachments by name within your affidavit.
• Avoid emotional language and focus on the child’s well-being.
• Double-check that all names are spelled correctly.
• Sign and date the affidavit in the required space.

After

• Make at least two copies of the signed document and attachments.
• File the original with the court clerk through the accepted method.
• Pay any required filing fee or submit a fee waiver request if applicable.
• Arrange for proper service on the other parent.
• File proof of service with the court if required.
• Mark your calendar with any response deadlines.
• Prepare for a possible hearing by organizing your evidence.
• Keep a complete copy of everything you filed in a safe place.

Common mistakes to avoid with JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

• Mistake: Making vague statements like “the other parent is irresponsible,” which happens when emotions run high; this weakens your credibility because the court needs facts, and you should not forget to include dates, actions, and specific impacts on the child.
• Mistake: Failing to describe the current parenting order, which often occurs when you assume the judge already knows it; this can cause confusion about what you want changed, so do not forget to reference the order date and terms.
• Mistake: Requesting restrictions without explaining endangerment, which happens when you focus on conflict instead of safety; the court may deny your request, and you should not forget to connect your facts to actual risk of harm.
• Mistake: Not signing the affidavit, which can occur when rushing to file; the court may reject the document, so do not forget to review the signature section before submission.
• Mistake: Ignoring service requirements, which happens when you believe filing alone is enough; the case may stall or be dismissed, and you should not forget to properly serve the other party and file proof.
• Mistake: Attaching disorganized or unlabeled evidence, which happens when you submit documents without explanation; this can frustrate the judge, so do not forget to label and reference each attachment clearly.
• Mistake: Acting as if the order has already changed, which happens out of urgency or frustration; this can harm your position in court, and you should not forget that only a signed court order changes parenting time.

What to do after filling out JDF 1406 – Motion and Affidavit to Change or Restrict Parenting Time

Once you complete the form, slow down and review it carefully. Read it out loud. Make sure your statements are clear, factual, and focused on the child. Confirm that every blank is filled in and that your requests are specific.

• Step 1: Make copies of the signed form and all attachments. Keep one full set for your records.
• Step 2: File the original with the appropriate court clerk using the approved filing method.
• Step 3: Pay the required filing fee or submit a request for a fee waiver if you qualify.
• Step 4: Arrange for service of the filed documents on the other parent through an approved method.
• Step 5: File proof of service with the court, if required, so the judge knows the other party was notified.
• Step 6: Calendar important dates, including response deadlines and any scheduled hearings.
• Step 7: Begin organizing your evidence in a logical order for the court. Create a simple outline of the points you want to present.
• Step 8: Prepare to explain how your requested change serves the child’s best interests. Practice summarizing your main points clearly and calmly.
• Step 9: Continue following the existing parenting time order until a new order is entered.
• Step 10: Once the court issues a decision, read the signed order carefully and update your personal calendar, childcare arrangements, and any related records to reflect the new terms.

Stay organized throughout the process. Keep all court papers together in one folder, including the filed motion, proof of service, and any new orders. Clear documentation helps you respond quickly if questions arise and shows the court that you are responsible and prepared.