Enforcement of Parenting Plan

Oregon courts expect compliance with parenting time orders. The courts provide a remedy called “Enforcement of Parenting Time” if the custodial parent is not following the parenting plan. If a party is in substantial noncompliance with a parenting plan, the court can change the plan, award makeup time, fine the other parent, award attorney fees, suspend support, and order a parent into counseling. Enforcement of parenting time is a powerful, specific tool to get the other parent to comply with the parenting plan.

Oregon Revised Statute 107.434 is the law that provides for 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:
    1. 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.
    2. 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:
      1. A notice of the remedies imposable under subsection (2) of this section and the availability of a waiver of any mediation requirement; and
      2. 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.

        ______________________________________________________________________________

      3. 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:
    1. 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;
    2. Order the party who is violating the parenting plan provisions to post bond or security;
    3. Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;
    4. 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;
    5. Terminate, suspend or modify spousal support;
    6. Terminate, suspend or modify child support as provided in ORS 107.431; or
    7. Schedule a hearing for modification of custody as provided in ORS 107.135 (11)

The lawyers at Stephens & Margolin LLP can help you understand your rights, obligations, and defenses in enforcing parenting time.