Colorado § 19-5-217 - Enforcement or termination of post-adoption contact agreement.

§ 19-5-217. Enforcement or termination of post-adoption contact agreement.

(1) If the decree of adoption contains a post-adoption contact agreement pursuant to section 19-5-208 (4.5), the court retains jurisdiction after the decree of adoption is entered to hear motions to enforce or terminate the contact agreement, or to enter stipulated agreements of the parties to modify the contact agreement.

(2) The court may appoint a guardian ad litem for the adopted child, or a counsel for youth for an adopted child twelve years of age or older, at the time of any action for the enforcement or termination of the post-adoption contact agreement if the court determines that consideration of the factors set forth in section 19-5-103 (9)(a) require the appointment of a guardian ad litem or a counsel for youth. In all adoptions other than those in which the child is placed by the county department, a party or parties shall pay reasonable fees for the services of the guardian ad litem or counsel for youth unless a party is indigent, in which case the office of the child's representative shall pay the fees.

(3) If there is a post-adoption agreement for contact established pursuant to section 19-5-208 (4.5), only a party to the contact agreement, even if he or she is not a party to the adoption, may file a motion to enforce or terminate the contact agreement as set forth in this section.

(4) Prior to filing a motion seeking the enforcement or termination of a post-adoption contact agreement established pursuant to section 19-5-208 (4.5), the party seeking enforcement or termination shall show that the party attempted in good faith to resolve the disputed matters through mediation or other method of dispute resolution. This requirement is waived if the party's whereabouts are unknown and the party cannot be located despite diligent efforts to do so.

(5) The court shall not terminate a post-adoption contact agreement established pursuant to section 19-5-208 (4.5) unless the moving party establishes that there has been a change in circumstances and that the contact agreement is no longer in the adopted child's best interests. Following the adoption, the court shall presume that the adoptive parent's judgement is in the best interests of the child in any action seeking to enforce or terminate the contact agreement, and such presumption may only be overcome by clear and convincing evidence. A post-adoption contact agreement may not limit the adoptive parent's ability to move out of state.

(6) At any time after the entry of a post-adoption contact agreement pursuant to section 19-5-208 (4.5), the parties to the agreement may file with the court a signed, modified post-adoption contact agreement. The court shall not modify the terms of the initial post-adoption contact agreement absent the consent of all parties to the agreement, but the court may enforce or terminate the agreement over the objection of a party to the agreement. An adopted child twelve years of age or older at the time of the adoption must consent to any modification or termination of the contact agreement.

(7) The court may consider documentary evidence and offers of proof in determining motions to enforce or terminate a post-adoption contact agreement established pursuant to section 19-5-208 (4.5), or may, in its discretion, hold a hearing on the motion.

(8) The court shall not order further investigation or evaluation by any public or private agency or individual relating to a post-adoption contact agreement established pursuant to section 19-5-208 (4.5).

Source: L. 2021: Entire section added, (HB 21-1101), ch. 481, p. 3428, § 4, effective September 1. L. 2022: (2) amended, (HB 22-1038), ch. 92, p. 443, § 29, effective January 9, 2023.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.

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