How to enforce your parenting plan in Oregon
What are the benefits?The burden of proof is lower than for contempt, making it easier to prove close cases.
You can generally get in front of a judge faster than with contempt. The court must hold a hearing within 45 days unless the parties agree otherwise. There are unique remedies designed specifically for parenting plan violations.
What additional remedies does the enforcement statute provide to the court?In an enforcement proceeding, the court can 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;
In addition, the court can:
Order the party who is violating the parenting plan provisions to post bond or security; and
Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children.
What about financial sanctions against the violating party?The court can sanction the violating party by:
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;
Terminate, suspend or modify spousal support;
Terminate, suspend or modify child support as provided in ORS 107.431; or
Schedule a hearing for modification of custody as provided in ORS 107.135 (11).