(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:
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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.
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(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]
Note: Section 15 (17), chapter 860, Oregon Laws 2007, provides:
Sec. 15. (17) In addition to the fee provided for in ORS 107.434 (1), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the court shall collect a surcharge of $3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial violation of a parenting plan. [2007 c.860 §15(17)]
Section: Previous 107.410 107.412 107.415 107.420 107.425 107.430 107.431 107.434 107.435 107.437 107.440 107.445 107.449 107.450 107.452 NextLast modified: August 7, 2008