So you just went through a divorce or custody case, and the judge awarded you parenting time with your children. Of course your ex will now comply with the judge’s order and facilitate parenting time with no qualms or complaints, right? Unfortunately, as any Oregon family law attorney will explain, getting a judge to order parenting time is often easier than obtaining compliance from your ex. So how does a person “force” the other parent to comply with a parenting plan?
Fortunately for Oregon parents and children, there is an option for obtaining compliance that does not require the typical contempt action (for more details on contempt as a remedy in family law cases, please check back in to my blog for a future post on the subject). This option is known as an “expedited enforcement of parenting time” under ORS 107.434.
This type of action has several notable advantages over the traditional contempt action:
-As stated in the title, this procedure is “expedited,” meaning the court should hold a hearing within 45 days after the motion is filed. This may seem like a long period, but in terms of court calendaring, it is lightning speed;
-The burden of proof for the parent filing the motion is lower than in a contempt action;
-The Judge has a variety of remedies they can impose in order to force compliance with the order that provides parenting time. These remedies can include modifying the parenting plan, ordering makeup parenting time, awarding expenses (including attorney fees), and terminating, suspending, or modifying child and/or spousal support. The statute also allows a judge to impose any additional remedy they find necessary to insure compliance with the parenting plan.
Parenting time interference is frustrating to parents and unfair to children. If you find yourself in this situation, it is imperative to enforce your rights and hold the other parent accountable.