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Enforcement of Custody and Parenting Time Orders

 

Brief descriptions of content are provided to help you decide which Packet you may wish to use. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. For more information, please consult with an attorney.

Packet 5A:

Parenting Time/Plan Enforcement
(Oregon and Out-of-State Orders)

Packet 5B:

Custody Enforcement
(Oregon and Out-of-State Orders/Judgments)

Packet 5C:

Registration of Out-of-State Child Custody
and Parenting Time Judgments


Packet 5A—Enforcement of Parenting Time Orders (Oregon and Out-of-State Orders)
If a judge signed a court order establishing parenting time, and if the order is currently valid and is being violated by the other parent, you may request enforcement of this order. Most local courts have created their own enforcement forms which may be found on the OJD Family Law Website at the "Parenting Plan Enforcement" link. If your court does not have local forms, you may use the forms in Packet 5A. Check with your local court. The forms may be used whether you were the petitioner or the respondent in the original case (dissolution, separation or unmarried parent petition) provided you believe the parenting plan or order is being violated by the other parent. If you are seeking to enforce an Out-of-State parenting time plan or order, you may also need to complete the forms in Packet 5C-Registration of Out-of-State Custody and Parenting Time Judgments.

 

Packet 5B—Enforcement of Custody (Oregon and Out-of-State Orders/Judgments)
If a judge previously signed a court order granting you custody, and if the order is still current and valid but the other parent is now withholding custody, you may use this packet. This packet allows you to request that the judge sign an Order of Assistance. If the Judge signs it, a law enforcement agency in the county where the child is located will be directed to pick up the child and deliver the child to you. If you are seeking to enforce an Out-of-State custody order/judgment, you may also need to complete the forms in Packet 5C-Registration of Out-of-State Custody and Parenting Time Judgments. Oregon law prevents this procedure from being used when parenting time is being violated but custody is not really being withheld. ORS 107.437 (5). If parenting time is being violated, use your local court's enforcement forms which may be found on the OJD Family Law Website at the "Parenting Plan Enforcement" link, or the Instructions and Forms in Packet 5A. If you have any doubt about the right to custody, you may wish to seek legal advice.

 

Packet 5C— Registration of Out-of-State Custody and Parenting Time Judgments
This Packet applies when you want to enforce either a parenting time or custody order that was entered in another state. If the Out-of State order is still in effect (not changed or vacated), you may use this packet to have the order "registered" and "confirmed" in an Oregon court. In most cases, you will want to complete this process before using the other packets to request enforcement.