2011 ORS § 107.434¹
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. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, 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:
(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. 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:
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.
(c) A motion, affidavit and 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 partys parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in ORS 107.431 (Modification of portion of judgment regarding parenting time or child support); or
(g) Schedule a hearing for modification of custody as provided in ORS 107.135 (Vacation or modification of judgment) (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]