What can a parent do under OR child custody laws to compel other parent preventing child visitation and custody

Asked over 5 years ago - Portland, OR

my child is being kept from me and my family for no reson ecept my girlfriend is mad at me if we do get to see her she changes the rules and times to suite her

Attorney answers (2)

  1. Daniel S Margolin

    Contributor Level 12

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    Lawyer agrees

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    Answered . If a court has not adjudicated custody and parenting time regarding your child, then you need to file a petition for custody. If there has been a legal proceeding to determine custody and parenting time, then the parent who is being denied parenting time with the child can move to enforce parenting time under Oregon Revised Statute 107.434:

    107.434 Expedited parenting time enforcement procedure; fees; 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. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, 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 charge a filing fee of $50, subject to waiver or deferral of the fee under ORS 21.680 to 21.698. 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, affidavit and 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; or
    (g) Schedule a hearing for modification of custody as provided in ORS 107.135 (11). [1997 c.707 §3; 2003 c.116 §6; 2003 c.737 §§50,51; 2005 c.702 §§57,58,59; 2007 c.493 §14]

  2. Daniel J DiCicco

    Contributor Level 13

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    Lawyer agrees

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    Answered . Dan Margolin has it right. If you haven't gone to court yet then you need to see a lawyer and file a petition. If you have already done that and she is withholding parenting time, then there is a special motion to enforce parenting time that you can file.

    You will need an attorney to do these things.

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