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Enforcing Your Parenting Plan in Oregon

ORS 107.434 requires each judicial district to establish expedited parenting time enforcement procedures. ORS 107.434 (PDF, 74KB) The court will provide forms for you to fill out and file when there has been a violation of parenting time or a parenting plan.  The forms that are filed must include a copy of the current parenting plan or court order that lists the parenting time.  You must make sure that copies of the motion, affidavit, and order to show cause are served on the other parties in the case.  You should see a lawyer for legal advice.

The law requires that the hearing is set within 45 days after the motion is filed.  The parties may be required to see a mediator before they can go to court when one party is trying to enforce the parenting plan.  It may be possible to waive (skip) mediation so the case can get into court quickly.  If you ask to waive mediation, you must file papers that ask for waiver and give a good reason for the request. 

A court may grant one or more remedies if a parent is found to have violated a parenting plan.  The court could:

  • Add more parenting time to make up for the time that was lost
  • Change the parenting plan by adding specific details, such as specific days and times
  • Add additional terms and conditions to the current parenting plan
  • Order the person who violated the parenting plan to pay  money to the court, which the parent would lose if he or she continues to violate the parenting plan
  • Order one or both of the parties to attend counseling or parent education classes to learn about the impact of his or her behavior on the child
  • Award attorney fees and court costs to the party who is successful in the court proceeding
  • Suspend, end or change spousal support
  • Suspend, end or change child support
  • Schedule a hearing to change custody of the child

The judge may find that the parenting plan was not violated and do nothing more.  The judge may find that the parenting plan was violated, but there was a good reason for it and so do nothing more.  Each case is different, and each case will be decided on its particular facts.

Parenting Plan Enforcement Information by County:

Each judicial district has forms and procedures.  Some of them may be the same or similar to other districts' forms, but some are different.  You should use the forms for the court in which you will file your papers.  Click on the county below for that county's forms and further information, which may include:

  • Parenting Time Enforcement Forms and Information
  • Parenting Time Guidelines
  • Child Support Guidelines and Services
  • Mediation Resources

If you need further information, talk to an attorney or contact the court facilitator or court staff in the court where you will file.  Keep in mind that court facilitators and other court staff cannot give legal advice.