I have sole custody of my child and the other parent has what is set forth in the judgment. However, the other person does not seem to understand the judgment to it's entirity. There are limited modalities of contact (for a good reason) and the other parent seems to think that make-up parenting time should occur if no holiday parenting time occurs, etc. Nowhere in the judgment does it state that. Can the other parent try and enforce make-up parenting time? I don't believe so yet i wish to cover all my basis.
Allow me to try and clarify. the other parent has Holiday Parenting Time and so do I. However, the holidays are split, etc. So, the other parent gets holiday parenting time. However, the point is that the other parent believes that they should receive "make-up" parenting time when it is not at all in the judgment and I don't believe even a modification would be needed.
Family Law Attorney
See Oregon statute 107.434, which allows for make up parenting time. If a parent wrongfully withholds parenting time from the other parent, he or she could be deemed in contempt of the court order/judgment. Consider mediation to discuss modalities of contact and consequences for failure to abide by those modalities and the effect on the child.
Lake James Perriguey
DUI / DWI Attorney
There is no entitlement to so-called "make-up time." In the absence of specific language in a judgment or order, my position would be that the other party's right to "make-up time" simply does not exist.
As a practical matter, imagine the result if "make-up time" were allowed. A party would then be able to cancel scheduled parenting time and then show up to claim that a cumulative number of hours are now "owed," and may be "redeemed" at whim.
Respectfully, I would disagree that you should rely on contempt statutes (at ORS chapter 33) or ORS 107.434 and its provisions for expedited parenting time enforcement. I believe the appropriate remedy is modification.
If this issue is particularly troublesome, you may consider requesting an order modifying the parenting plan or clarifying its provisions. With these additional provisions you could have certainty.