Marital Dissolution, Annulment and Separation

ORS 107.434
Expedited parenting time enforcement procedure

  • remedies

(1)

The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation or participation in an alternative dispute resolution conference under ORS 107.103 (Alternative dispute resolution conference procedure). The procedure must be easy to understand and initiate. Unless the parties otherwise agree or an alternative dispute resolution conference under ORS 107.103 (Alternative dispute resolution conference procedure) is scheduled, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall provide forms for:

(a)

A motion filed by either party alleging a violation of parenting time or substantial violations of the parenting plan. When a person files this form, the person must include a copy of the order establishing the parenting time.

(b)

An order requiring the parties to appear and show cause why parenting time should not be enforced in a specified manner. The party filing the motion shall serve a copy of the motion and the order on the other party. The order must include:

(A)

A notice of the remedies imposable under subsection (2) of this section and the availability of a waiver of any mediation requirement; and

(B)

A notice in substantially the following form:
When pleaded and shown in a separate legal action, violation of court orders, including visitation and parenting time orders, may also result in a finding of contempt, which can lead to fines, imprisonment or other penalties, including compulsory community service.

(c)

A motion, supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, and an order that may be filed by either party and providing for waiver of any mediation requirement on a showing of good cause.

(2)

In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:

(a)

Modify the provisions relating to the parenting plan by:

(A)

Specifying a detailed parenting time schedule;

(B)

Imposing additional terms and conditions on the existing parenting time schedule; or

(C)

Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;

(b)

Order the party who is violating the parenting plan provisions to post bond or security;

(c)

Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;

(d)

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;

(e)

Terminate, suspend or modify spousal support;

(f)

Terminate, suspend or modify child support as provided in ORS 107.431 (Modification of portion of judgment regarding parenting time or child support); or

(g)

Schedule a hearing for modification of custody as provided in ORS 107.135 (Vacation or modification of judgment) (11). [1997 c.707 §3; 2003 c.116 §6; 2003 c.737 §§50,51; 2005 c.702 §§57,58,59; 2007 c.493 §14; 2011 c.595 §75; 2015 c.121 §7; 2019 c.293 §4]

Notes of Decisions

To engage in "wrongful deprivation of parenting time," one party must deprive other party of parenting time in pursuit of improper motive or by improper means. State ex rel Maubach v. Sarangi, 223 Or App 421, 196 P3d 26 (2008)

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

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