Marital Dissolution, Annulment and Separation

ORS 107.102
Parenting plan

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(1)

In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2)

A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3)

A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a)

Residential schedule;

(b)

Holiday, birthday and vacation planning;

(c)

Weekends, including holidays, and school in-service days preceding or following weekends;

(d)

Decision-making and responsibility;

(e)

Information sharing and access;

(f)

Relocation of parents;

(g)

Telephone access;

(h)

Transportation; and

(i)

Methods for resolving disputes.

(4)

In addition to the provisions listed in subsection (3) of this section, a detailed parenting plan may include one or both of the following requirements:

(a)

That the custodial parent notify the noncustodial parent regarding specified matters concerning the child.

(b)

That the custodial parent provide the noncustodial parent with an opportunity to comment regarding specified matters concerning the child.

(5)

(a) The court shall develop a detailed parenting plan when:

(A)

So requested by either parent; or

(B)

The parent or parents are unable to develop a parenting plan.

(b)

In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties.

(c)

In developing a parenting plan under this subsection, the court may order equal parenting time. If a parent requests that the court order equal parenting time in the parenting plan, the court may deny the request if the court determines, by written findings, that equal parenting time is not in the best interests of the child or endangers the safety of the parties. [1997 c.707 §2; 2019 c.288 §1; 2019 c.289 §1]
Note: Section 2, chapter 288, Oregon Laws 2019, provides:
Sec. 2. The amendments to ORS 107.102 (Parenting plan) by section 1 of this 2019 Act [section 1, chapter 288, Oregon Laws 2019] apply to proceedings commenced on or after the effective date of this 2019 Act [January 1, 2020]. [2019 c.288 §2]

Notes of Decisions

Permissibility of change in parenting plan depends solely upon proof that proposed change from status quo better serves interests of child. Cooksey and Cooksey, 203 Or App 157, 125 P3d 57 (2005)

Law Review Citations

35 WLR 523, 643 (1999)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Source

Last accessed
Jun. 26, 2021