By Wallace Terry
Enforcement of parenting time through a contempt action can be time consuming and expensive. Luckily, a state statute, ORS 107.434, provides for an expedited alternative remedy which will get you before a judge within 45 days. Not only is the hearing set sooner, the burden of proof is less than in a contempt case, making the violation easier to prove.
And, at that hearing the Court has the authority to make other changes such as:
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Modify the provisions relating to the parenting plan by (1) Specifying a detailed parenting time schedule; (2)Imposing additional terms and conditions on the existing parenting time schedule; or (3) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;
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Order the party violating the parenting plan provisions to post bond or security;
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Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;
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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;
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Terminate, suspend or modify spousal support or child support, or
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Schedule a hearing for modification of custody as provided in ORS 107.135 (11).
Whether you are seeking enforcement of a parenting plan, or you're alleged to have violated a parenting plan, talk to an experienced family law attorney. And because of the time sensitive nature of these types of matters, you shouldn't put off getting legal advice.
If you have any questions about enforcement of parentime time, or any other family law matters, please feel free to email me and let me know if I can help you.
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