Many of our client are in desperate need for help to enforce their parenting time. This is especially true during the COVID-19 pandemic when many parents are simply refusing to comply with the existing parenting plan. Fortunately the Courts remain open to help you enforce your parenting time even under the current level 3 restrictions in place in Oregon. Covid-19 is not a reason to deny parenting time.
We can 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.
The first step in any parenting time case is to determine if there is a valid court order or judgment which provides for parenting time. If there is a valid court order, the next step is to determine whether the parenting time as specified in the judgment or court order is being denied.
YOU ARE ENTITLED TO AN EXPEDITED HEARING TO ENFORCE YOUR PARENTING TIME
A properly filed motion to enforce parenting time generally requires the court to schedule a hearing within 45 days. This is referred to as expedited parenting time. In many jurisdictions, this may be the fastest way to obtain parenting time.
WHAT RELIEF IS AVAILABLE IN ENFORCEMENT PROCEEDINGS
In an enforcement of parenting time proceeding, the court has the authority:
• To create a more detailed parenting time schedule; to impose additional terms and conditions on the existing parenting time order;
• To order additional parenting time to compensate for a wrongful denial of parenting time;
• To order the violating party to post a bond or securities;
• To order the offending party to attend counseling or educational classes that focus on the impact the violation of parenting time has on the children; and
• To award attorneys fees and costs incurred in enforcing the parenting time.
ORS 107.435 provides for additional remedies the court may order in an enforcement of parenting time proceeding. You can review the Oregon statutes on our website.
The burden of proof in an enforcement proceeding is a “preponderance” of the evidence. Quite often it is beneficial to commence both an enforcement and contempt proceeding to obtain all of the remedies to which you are entitled.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON HOW TO ENFORCE YOUR PARENTING TIME
The rules and procedures in filing enforcement of parenting time are complicated and require a skilled and experienced parenting time enforcement attorney. Contact Paul F. Sherman for expert advice on how to enforce you parenting time.
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 enforcement consultation.