In re Parental Responsibilities Concerning W.C.

Summary

The Colorado Supreme Court held that a trial court is generally divested of jurisdiction over issues material to a perfected appeal unless a statute or rule specifically provides otherwise. The court concluded that the Colorado statutes governing modification of parenting time and decision-making responsibilities did not specifically authorize trial-court jurisdiction during an appeal. Because the father's motions sought to modify the parenting responsibility orders under review, the trial court lacked jurisdiction to rule on them, and the court disapproved the court of appeals' order.

Holdings

1. Absent a specific statute or rule stating otherwise, perfection of an appeal divests the trial court of jurisdiction over issues material to the appeal.
2. Sections 14-10-129(1)(a)(I) and 14-10-131(2) do not specifically grant trial courts continuing jurisdiction to modify parenting-responsibility orders while those orders are on appeal.
3. Father’s motions to modify were material to his appeal because they sought to alter the very parenting-responsibility orders under appellate review.

Questions Presented

1. Whether a trial court retains jurisdiction to decide motions to modify parenting-time and decision-making orders under sections 14-10-129(1)(a)(I) and 14-10-131(2), C.R.S. (2019), while an appeal of those orders is pending.
2. Whether Father’s motions to modify were material to his perfected appeal.

Disposition

disapproved