In Re Mb-M., 252 P.3d 506

Berndt and McBlair jointly adopted a child; parenting disputes led to petitions for allocation of parental responsibilities, parenting time, and child support.
Temporary orders required joint decision-making and specified no unilateral enrollment in daycare without agreement; daycare arrangements were at issue.
Berndt alleged McBlair violated the temporary order by unilaterally changing daycare arrangements and failing to list Berndt as parent or emergency contact.
Magistrate held a May 2009 contempt hearing and orally ruled McBlair was in contempt, purgable by a new daycare admission form, and awarded Berndt $1,500 in attorney fees; no written order followed.
A July 7, 2009 written and signed minute order stated contempt had been purged and affirmed the $1,500 fee award against McBlair.
On July 13, 2009 the magistrate issued a written order with “additional, different findings” holding no contempt and vacating the attorney fees; Berndt petitioned for review, challenging the July 13 order as void and seeking reinstatement of the May oral contempt order and the July 7 minute order.
The district court adopted the July 13 order and denied Berndt’s petition for review, later denying reconsideration; Berndt appeals seeking reinstatement of the May ruling and July 7 order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a magistrate sua sponte revise a written contempt order?	Berndt argues magistrate lacked authority to amend contempt findings.	McBlair argues magistrate may reconsider under magistrate rules with proper procedure.	No; magistrate cannot sua sponte modify a written contempt order except for clerical corrections.
Whether the July 7 minute order was a final, written contempt order.	Berndt contends July 7 minute order memorialized the contempt finding.	McBlair contends the minute order was not a final contempt order.	The July 7 minute order was a final written order adopting the oral contempt finding.
District court could not rely on July 13 order to negate prior contempt finding and fee award.	Berndt seeks reinstatement of May order and July 7 order.	McBlair argues July 13 order resolved the matter.	District court erred; July 13 order void; remand to reinstate July 7 order including attorney fees.

In re R.G.B., 98 P.3d 958 (Colo.App.2004) (magistrate as hearing officer with limited authority)
In re Marriage of Phelps, 74 P.3d 506 (Colo.App.2003) (magistrate cannot entertain motions for reconsideration)
In re Marriage of Tonn, 53 P.3d 1185 (Colo.App.2002) (rules governing magistrates do not authorize motions for reconsideration)
In re Marriage of Marson, 929 P.2d 51 (Colo.App.1996) (magistrate cannot unilaterally change parenting time without modification)
Wiegand v. County Court Magistrate, 937 P.2d 880 (Colo.App.1996) (use of magistrates for county court business is discretionary)