[CO] What can you do if a court-appointed child and family investigator fails to properly investigate a case?

CO Family Law

Dan

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From what you've shared, it appears that your concern centers on a Court-Appointed Child and Family Investigator (CFI) who failed to review your submitted documents and may have disregarded key evidence, while your ex presented information that appears inconsistent or misleading. In Colorado, CFIs operate under Colorado Revised Statutes §14-10-116.5, which requires them to act impartially, review relevant evidence, and base recommendations on the best interests of the child. When a CFI breaches these duties, affected parties can ask the court to review or replace the CFI's report, request sanctions, or file a grievance through the Office of the State Court Administrator.

Let's look together at practical steps you might take from here to start regaining control of the process. One option is to file a Motion to Strike or Amend the CFI Report if you believe it contains false or incomplete information. This type of motion asks the court to disregard or limit reliance on the report due to procedural errors, bias, or lack of proper investigation. You can attach exhibits that clearly show what the CFI failed to review, such as the letters, financial records, and communications you listed. While the judge might not strike the entire report, this step formally places your objections on record, which is important for appeal rights or future hearings.

Another option is to file a formal grievance against the CFI through the Colorado Judicial Branch. The State Court Administrator's Office oversees CFI complaints under Chief Justice Directive 04-08. You can download the CFI grievance form from the Colorado Judicial website, describe specific breaches with dates and examples, and include copies of your communications and evidence. If the review finds misconduct or noncompliance with CFI standards, the CFI can face discipline or removal from approved lists. This route can take time but sends a clear signal to the court that you are pursuing accountability through proper channels.

A third path is to request appointment of a new investigator or ask the court to rely on other forms of evidence. You might consider a Motion to Appoint a Parental Responsibilities Evaluator (PRE) under C.R.S. §14-10-127 if you can demonstrate that the CFI did not meet minimum investigative standards. A PRE's evaluation is broader and more formal, with psychological components when necessary. If a new evaluation is not financially feasible, you can also ask the court to consider the objective evidence you've already submitted instead of relying primarily on the CFI's findings.

Given your situation, starting with a motion to strike or supplement the CFI report may be the strongest immediate step. It keeps the issue directly before the judge and builds a record supported by your documented proof. From there, a grievance can proceed separately while you continue to pursue your motions already pending.

Motion/Order for an Evaluation and Report (Parental Responsibility Evaluator) — JDF 1332, Colorado Judicial Branch

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The county having a major issue, need advice.

Lexi, Chatbot

I understand that you're facing a significant issue in the county, and I'm here to help. Can you please specify what type of legal issue you are dealing with?

We had a CFI and she didn't review any of my docs, plus they continually lie to everyone.

Lexi, Chatbot

Have you already taken any steps or actions regarding this issue?

Here is a list of the financial inconsistencies I can prove: the ex told the court the loss of his securities license was my fault. Three weeks before the hearing he told the court he was registered with FINRA to take his exams and was only being sponsored, but he had actually already passed the exams in 2024, and BrokerCheck shows current affiliations with two firms, both listed as "present." He also told the court he has no current registration or affiliation with any financial company, which BrokerCheck and his LinkedIn profile (listing him as a business development manager at his partner's company since around 2022) contradict. His attorney claimed he started a job in mid-August 2025 and worked five months there, but the offer letter shows a January 2025 start date and pay stubs show he only worked about two weeks in 2025. In discovery, his responses about his securities employment said "none" or that he was "simply sponsoring for a retake." There are handwritten rent, lease, and pay logs from his partner with no bank trail or financial records behind them. He's also claimed an IRS tax lien and a tax seizure debt are mine, when a letter from the IRS and a local news article show they're actually in his name. His discovery responses on a K-1 and other income were incomplete or misleading. And his sworn financial statement, signed under penalty of perjury, contains all of these same inconsistencies.

I also have a list of issues with the CFI herself: she never interviewed the kids in my home. She said she'd call my mother as a collateral witness but never followed through. She ignored every professional letter I gave her, including one from a licensed counselor describing a bipolar diagnosis and endangering behaviors, termination letters citing bipolar disorder as the reason, a letter from another family counselor about post-divorce work with the kids that included an explicit offer to speak with the CFI, and a letter from a third counselor. She ignored witness statements from four people, including my daughter. She ignored proof that contradicted my ex's claim that we "got along." She never looked into an incident where my ex took our child to his counselor, who reportedly yelled at the child three times and told him to lie to me. And she relied on outdated, selective evidence, highlighting old texts from before I remarried while never noting that I've been remarried and stable since 2023.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your CFI issues.

No.

Dan

Hello, and welcome to our service. My name is Daniel, and I've been a licensed attorney for over 22 years. I'm sorry you're dealing with this situation, and I'll do everything I can to help. You mentioned issues with a CFI not reviewing your documents and financial inconsistencies being presented. Could you tell me more about any steps you've considered or taken so far regarding this?

I have five motions before the court and filed to compel discovery, but it's been three years and the lies are massive. I can't afford a lawyer.

Dan

It sounds like you've been dealing with a lot over the past few years. Could you let me know if there are any upcoming court dates or deadlines related to your motions or discovery requests?

There's a status conference coming where they'll try to push the CFI's recommendations through despite her not doing her job.

Dan

It sounds like you have been through an incredibly frustrating process in the county.

Dan

I just want to know my options. Can you give me all the options for these kinds of breaches?

Dan

Firstly, regarding the financial inconsistencies and alleged misrepresentations, Colorado law requires that all parties in a legal proceeding provide truthful and complete information. If there are discrepancies in the financial disclosures, such as those related to securities licenses, employment timelines, or tax liabilities, these could be addressed under the rules governing perjury or fraud. Perjury involves knowingly making false statements under oath, which is a serious offense. Fraud, on the other hand, involves intentional deception to secure unfair or unlawful gain, and proving it typically requires showing that false representations were made knowingly and with the intent to deceive.

In terms of the CFI's conduct, Colorado Revised Statutes §14-10-116.5 outlines the duties and responsibilities of a Child and Family Investigator. CFIs are expected to conduct thorough investigations, which include reviewing all relevant documents and interviewing necessary parties. If a CFI fails to fulfill these duties, it may be grounds for challenging their recommendations or seeking a review of their conduct through the appropriate channels.

Say I can prove all the financial deception. They've lied massively on sworn statements and I can't afford to prove it.

Dan

In this situation, I would consider using a lawyer on a contingency fee basis. This arrangement is often a win-win with no downside, as the lawyer is only paid from any final recovery.

What kind of lawyer is that, because all of this is family law? I have repeatedly given the courts all this information and nothing gets heard, but I have it all documented. I want to know how to get it handled.

Dan

A civil litigation lawyer would be best. I want to make sure everything is clear and that you're comfortable with the information I've shared. Is there anything you'd like me to clarify or any other questions I can help with? If everything makes sense, please reply "all clear." I'm always happy to answer any other questions.

I don't know if we have really gotten what I need. His lawyer and he keep lying under oath and filing under oath and I have proof. Plus they just lied to the CFI. No one will help me. I turned in his lawyer, nothing. I filed fraud, nothing. I've gone to two lawyers, nothing.

Dan

You may be able to bring this matter before the court on an expedited basis using a special motion called an Order to Show Cause. It's essentially a motion supported by an affidavit. The court clerk can often provide a form for this, or a local attorney can prepare it. Having local representation would be helpful in this situation. Your State Bar Association or the American Bar Association often offer referral services or legal aid programs that can provide free or affordable assistance. For private attorneys, websites like Avvo.com and Justia.com make it easier to search for lawyers near you, sorted by their specialties.

Dan

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