Oregon provides for expedited parenting time enforcement for parents who are being deprived of parenting time set forth in a judgment or order. Each judicial district in Oregon is required to establish an “expedited parenting time enforcement procedure” and provide forms for that purpose. ORS 107.434(1).
Let us help you enforce your parenting time. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free parenting time enforcement consultation.
When a violation of parenting time or substantial violations of the parenting plan occur, a party may file a motion alleging the violation or violations and requesting the court to order the parties to appear to show cause why the parenting time should not be enforced. When filing this motion, the party must include a copy of the current order establishing parenting time or the parenting plan. ORS 107.434(1)(a).
An Order to Show Cause requires the parties to appear at a specific time and show cause why the parenting time should not be enforced in a specific manner. The remedies provisions of ORS 107.434 provides extensive remedies for substantial parenting time violations. In addition to any remedy that the court may impose to enforce the parenting plan, the court may do the following:
1) Modify the provisions relating to the parenting plan by (a) “[s]pecifying a detailed parenting time schedule”; (b) “[i]mposing additional terms and conditions on the existing parenting time schedule”; or (c) “[o]rdering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time,” ORS 107.434(2)(a);
(2) “Order the party who is violating the parenting plan provisions to post bond or security,” ORS 107.434(2)(b);
(3) “Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children,” ORS 107.434(2)(c);
(4) “Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party’s parenting plan,” ORS 107.434(2)(d);
(5) “Terminate, suspend or modify spousal support,” ORS 107.434(2)(e);
(6) “Terminate, suspend or modify child support,” ORS 107.434(2)(f); and
(7) “Schedule a hearing for modification of custody as provided in ORS 107.135(11),” ORS 107.434(2)(g).
Any enforcement by the court that includes termination, suspension, or modification of child support must be consistent with ORS 107.431. ORS 107.434(2)(f).
PAUL F SHERMAN IS A SKILLED AND EXPERIENCED PARENTING TIME ENFORCEMENT ATTORNEY
We know you have questions and we have answers. If you would like to know more about parenting time enforcement call the Law Offices of Paul F Sherman at (503) 223-8441 or Contact Us for a free parenting time consultation.