April 19, 2019

Colorado Court of Appeals: District Court Not Statutorily Required to Grant De Novo Review of Arbitrator’s Decision

The Colorado Court of Appeals issued its opinion in In re Marriage of Vanderborgh on Thursday, March 25, 2016.

Parenting Time Dispute—Arbitration Agreement—De Novo Hearing—Constitutional Rights.

The parties submitted their post-dissolution parenting time disputes to an arbitrator pursuant to their agreement in their Parenting Plan. After the third decision by an arbitrator, father moved for a de novo hearing, under CRS § 14-10-128.5(2), on his motion to modify the parenting time schedule. The court denied father’s request for a de novo hearing and confirmed the arbitrator’s decision.

On appeal, father first contended that the district court erred by denying him a de novo hearing on his request for equal parenting time during the school year because CRS § 14-10-128.5(2) mandates such a hearing whenever a party requests one. The plain language of this statute, however, gives the court discretion to grant or deny a party’s motion for a de novo hearing, and the Court of Appeals concluded that the court did not abuse that discretion.

Father next argued that CRS § 14-10-128.5(2) is unconstitutional as the district court applied it because it “allows an arbitration decision on parenting time, a constitutionally protected interest, without procedural safeguards and only discretionary review.” Father agreed to arbitrate the issue of parenting time, and his right to challenge the arbitration award under the Colorado Uniform Arbitration Act and to request (but not necessarily receive) a de novo hearing under CRS § 14-10-128.5 sufficiently protect his rights to procedural due process.

Father also argued that the parties’ child was denied equal protection because he does not have the same rights as children whose parents do not choose arbitration for parenting time disputes. The Court determined that the child’s rights were adequately protected under the dissolution statutes.

The order was affirmed and the case was remanded to determine mother’s request for appellate attorney fees.

Summary and full case available here, courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*