What action can I take if the other parent is not following the parenting plan?

If the other parent is not following the parenting plan in an existing custody and parenting time judgment, a parent may file a motion with the court asking the court to enforce the existing parenting plan.  Oregon law provides expedited access to parents for parenting time enforcement matters.  ORS 107.434 is the Oregon statute that enables a parent and the court to quickly and efficiently address parenting plan violations.

A motion to enforce may also be necessary to enforce the parenting time provisions in your existing custody and parenting time judgment.  There may be situations in which the other parent is following the parenting plan schedule but is not complying with certain parenting time provisions.  For example, it is possible the other parent did not comply with a provision allowing telephone calls with your children or the parent failed to comply with transportation provisions.

How quickly will the court schedule a hearing after I file a motion to enforce the parenting plan?

ORS 107.434 requires Oregon courts to schedule a hearing within 45 days of the motion to enforce being filed.  The law requires Oregon courts to prioritize enforcement of parenting time matters when scheduling court hearings.  Enforcement of parenting time matters are particularly important because they affect children.

What action can a court take to stop the other parent from violating the parenting plan?

ORS 107.434 gives a court broad discretion to address parenting time violations stating that a court may order any remedy it deems necessary to address and resolve the parenting time violation.  The statute also provides a list of specific remedies stating that the court has the authority to order the following:

  1. At an enforcement hearing, a court has the authority to modify the parenting plan in an existing judgment to address the parenting plan violations. For example, a court may specify a more detailed parenting time schedule, impose additional terms and conditions on the existing parenting time schedule or order additional parenting time to compensate for wrongful deprivation of parenting time.  A court may only order additional parenting time to compensate for wrongful deprivation of parenting time if to do so is in the children’s best interests.
  2. A court may order the parent who is violating the parenting plan provisions to post bond or security.
  3. A court may order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on the children.
  4. A court may also make decisions that could affect a parent’s financial obligations such as terminate, suspend or modify both child and spousal support or order one parent to pay the other parent’s attorney fees and costs incurred due to the enforcement action.

What can I expect at a parenting time enforcement hearing?

At the enforcement hearing, you need to present evidence proving and supporting your claim(s) that the other party violated the parenting plan or parenting time provisions.  Evidence at enforcement hearings is often documentation, such as text or email correspondence between the parties, and possibly witnesses who observed and can corroborate the parenting time violations.

If the other parent filed a parenting time enforcement action against you, you will need to present evidence to the court that you did not violate the parenting plan.  If you did violate the parenting plan, then you need to present to the court evidence showing good cause for those violations.  One example of good cause may be that you reasonably believed the other parent placed the children in an unsafe situation and you have reason to believe the behavior will continue.

At the conclusion of an enforcement hearing, a court may find that it is appropriate to schedule another hearing to address a more detailed modification of the parenting plan or to modify custody.  There may have been details disclosed at the enforcement hearing that caused the parties and/or court to believe that a modification to the custody arrangement may be necessary.  The court then has the authority to schedule the custody matter to be heard at a later date.  A court may also find that more time is needed to address complex custody and parenting time related matters, thereby scheduling a subsequent hearing.

Will the court require me to mediate with the other parent prior to the hearing?

Most Oregon courts require parties to engage in mediation prior to engaging in a contested hearing.  ORS 107.434 states that a court may or may not require mediation prior as a part of an enforcement hearing.

If you need to file an enforcement proceeding or one has been filed against you, it is important to obtain legal advice so you understand your legal rights and obligations.  Our attorneys can assist and provide legal advice on how to best proceed.