Oregon Statutes 107.434 – Expedited parenting time enforcement procedure; 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 or participation in an alternative dispute resolution conference under ORS § 107.103. The procedure must be easy to understand and initiate. Unless the parties otherwise agree or an alternative dispute resolution conference under ORS § 107.103 is scheduled, 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 provide forms for:
Terms Used In Oregon Statutes 107.434
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Summons: Another word for subpoena used by the criminal justice system.
(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 in the manner provided by law for service of a summons. 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, supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, and an 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; 2011 c.595 § 75; 2015 c.121 § 7; 2019 c.293 § 4; 2023 c.302 § 4]
[1971 c.280 § 19; repealed by 1973 c.502 § 18]