Free PARENTING PLAN ENFORCEMENT PACKET - Oregon


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Parenting Plan Enforcement
Instructions for Packet No. 5A
Notice about these instructions and forms.
These instructions are not a complete statement of the law. Neither court nor court staff are permitted to give legal advice. For legal information, please talk to a lawyer, visit your local law library and/or refer to the "Additional Resources" section on the last page of these instructions. The instructions refer to some forms not included in this packet. You may get the forms by clicking on the form name if you are using the Internet at: www.ojd.state.or.us/linn under CONTENTS go into FORMS. Linn County Court also has the forms available in Room 107. Linn County Court has local rules, programs and procedures that may not be explained in these instructions. Please refer to the "Linn County Supplementary Local Court Rules."

Notice about Enforcement of Orders from Other Courts. To enforce an out of state order or judgment, the following forms are required: (1) Enforcement of Out of State Child Custody and Parenting Time Judgments and (2) Parenting Time/Plan; Petition for Enforcement of Out of State Order. If the order was entered in another county, you will need to file a request to transfer with the court that entered the order.

S TEP 1
Fill out the following forms: Motion for Order to Show Cause Re: Enforcement of Parenting Plan and Order (MOTION AND ORDER) and Affidavit Supporting Motion for Enforcement of Parenting Plan (AFFIDAVIT). If your case involves an out of state order or judgment, you will be filing the petition listed above instead of the motion. The case heading is the same as it was when visitation or parenting time was ordered if you are filing in the same county. For enforcement of out of state orders, you are the petitioner. Don't fill in the section of the motion that sets the hearing date, and don't fill in the judge's portion of the order. Wait to sign the affidavit until you are the presence of a court clerk or a notary public. You will sign where it says "I certify that this is a true copy" only on copies to serve on the other party. Attach a certified copy of the order or judgment that established the parenting time or visitation you are now asking the court to enforce to the original MOTION (or PETITION) and ORDER you just filled out. Make two copies of the AFFIDAVIT and one copy of the MOTION AND ORDER (or PETITION). Keep one copy of each for your records. On the second copy of the AFFIDAVIT sign your name where it says, "I certify that this is a true copy."

S TEP 2
File the original MOTION (or PETITION) and ORDER and the AFFIDAVIT with the court clerk and pay the filing fee or ask for a form to waive or defer the fee. Fill in the case number on your copy if you don't have one already.

S TEP 3
Check back with the court to see if the ORDER was signed. Obtain a court certified copy of the signed ORDER through the records department. Have the other party served with the second copy of your AFFIDAVIT and the court certified copy of the MOTION and ORDER. You cannot serve the papers yourself. You may ask your local sheriff's office or a private process server to serve the papers for you. Make sure the person who completes service files a proof of service with the court, detailing how service was made.

Page 1 of 2, PARENTING PLAN ENFORCEMENT INSTRUCTIONS
Linn County Form Parenting Plan Enforcement Instructions.wpd (2/1/02)

S TEP 4
Sign up for your court's parent education class if you are required to attend. For more information on the class, ask the Linn County Family Court Specialist.

S TEP 5
Attend the hearing set in the MOTION and ORDER. Participate in mediation if the court requires it. You may ask the court to waive the parenting class or mediation by filling out the Motion and Order for Waiver; and Affidavit in Support of Motion to Waive Parenting Class or Mediation.

Page 2 of 2, PARENTING PLAN ENFORCEMENT INSTRUCTIONS
Linn County Form Parenting Plan Enforcement Instructions.wpd (2/1/02)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN IN THE MATTER OF THE MARRIAGE OF
) ) ) ) ) ) ) ) ) ) )

SEPARATION OF

Case No. MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER

CUSTODY PROCEEDING
PETITIONER, AND RESPONDENT.

1. Motion

Petitioner Respondent requests that the court Order the parties to appear on the _______ day of
________________________________, 20______ at __________ a.m./p.m. in Room ___________of the Linn County Courthouse in Albany, Oregon, to show cause why parenting time should not be enforced in the following way(s) based on the violation of parenting time or substantial violations of the parenting plan detailed in the attached affidavit: a.

Modifying the provisions of the parenting plan by: (1) Specifying a detailed parenting time schedule, as follows: ______________________________

_______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

(2) Imposing additional terms and conditions on the parenting time schedule as follows:
_______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

(3) Ordering the following additional parenting time, if in the best interests of the child, to compensate
for wrongful deprivation of parenting time: _______________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ b.

Ordering either or both parties to attend counseling or educational sessions focusing on

the impact of violating the parenting plan on children.

Page 1 of 3, MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER
Linn County Form: MotionOrder-5A Motion For Order to Show Cause Re Enforcement of Parenting Plan.wpd (2/1/02)

c.

Awarding the prevailing party his or her expenses incurred in enforcing the parenting
plan, including but not limited to attorney fees, filing fees and court costs.

d. e.

Terminating, suspending, or modifying spousal support. Terminating, suspending, or modifying child support if the Court finds that parenting
time has been denied or interfered with without good cause, and other requirements of ORS 107.431 are met.

f.

Scheduling a hearing for modification of custody.
2. Order Establishing Parenting Time.

A copy of the Order or Judgment establishing the parenting time is attached to this Motion.

3. Points and Authorities. This request is based on ORS 107.434 which requires an expedited hearing and authorizes various remedies for violations of parenting plans.

4. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply:

I selected this document for myself and I completed it without paid assistance. I paid or will pay money to __________________________ for assistance in preparing this document.
DATED this _______ day of ____________________, 20_____. _________________________________________________ Petitioner Respondent, Signature

ORDER

Allowed. Denied.
DATED this _______ day of ____________________, 20_______.

_________________________________________________ Circuit Court Judge _________________________________________________ Print Name Page 2 of 3, MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER
Linn County Form: MotionOrder-5A Motion For Order to Show Cause Re Enforcement of Parenting Plan.wpd (2/1/02)

Submitted by: _____________________________________________________________________________________________________ Petitioner Respondent, Print Name Address or Contact Address _____________________________________________________________________________________________________ City, State, Zip Telephone or Contact Telephone

Notice About Sanctions The remedies the Court may impose as a result of this motion to enforce a parenting plan are listed on pages 1 and 2 of this document, in Section 1, paragraphs "a" through "g". When pleaded and show in a separate legal action, violation of court orders, including parenting time and visitation orders, may also result in a finding of contempt, which can lead to fines, imprisonment, or other penalties, including compulsory community service.

Notice About Mediation Mediation of the parenting plan enforcement issues may be required. A separate Order will be issued if mediation is required. The Court may waive the mediation requirement if one of the parties can show a good reason. You may file a written request asking that the Court waive mediation. Forms are available by using the Internet at: www.ojd.state.or.us/linn under CONTENTS go into FORMS clicking on the form name. Linn County Court also has the forms available in Room 107.

I certify that this is a true copy: ____________________________________

Page 3 of 3, MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER
Linn County Form: MotionOrder-5A Motion For Order to Show Cause Re Enforcement of Parenting Plan.wpd (2/1/02)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN IN THE MATTER OF THE MARRIAGE OF SEPARATION OF
) ) ) ) ) ) ) ) ) ) )

Case No.

CUSTODY PROCEEDING
PETITIONER, AND RESPONDENT.

AFFIDAVIT OF PETITIONER

RESPONDENT SUPPORTING
MOTION FOR ENFORCEMENT OF PARENTING PLAN

STATE OF ________________________

) ) ss.

County of _________________________

)

I am the Petitioner Respondent in this proceeding and I make this Affidavit to support my Motion for Enforcement of the Parenting Plan. The other party violated my parenting time, or substantially violated the parenting plan, in the following way(s): _________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________

Additional page labeled "Details About Parenting Plan, continued."
I request that the Court order the remedies I selected in my Motion because: ____________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ If you asked the court to modify the parenting plan provisions or schedule a hearing for modification of custody in your motion, you must provide the following information. Page1of 3, AFFIDAVIT SUPPORTING MOTION FOR ENFORCEMENT OF PARENTING PLAN
Linn Co unty Form 5A : Affidavit Affidavit Supporting Motion For Enforcement of Parenting Plan.wpd (2/1/02)

Information Required by the UCCJEA. List the places where the minor child/ren of the parties have lived in the last five years and the names of the people they lived with at that time. Dates County, State Parent(s)/Caretaker Current Address/Contact Address of Parent/Caretaker Which Children

Additional page attached; see section labeled "UCCJEA Information continued."
I have have not participated in any litigation concerning the custody, visitation, parenting time or placement of the child/ren in this or any other state. I have participated in the following litigation: Name of Court State Case No. Date Result

I do not know of any other domestic violence, custody, visitation, parenting time or placement proceeding involving the child/ren, or of any other court case which could affect this case, pending in this or any other state except for:_____________________________________________________________________________________________________ ________________________________________________________________________________________________________
(identify court, case number and the kind of proceeding)

I do not know any person other than the other party who has physical custody of the child/ren or who claims to have custody, visitation or parenting time rights except for: __________________________________________________________ ________________________________________________________________________________________________________
(list name and address)

Page 2 of 3, AFFIDAVIT SUPPORTING MOTION FOR ENFORCEMENT OF PARENTING PLAN
Linn Co unty Form 5A : Affidavit Affidavit Supporting Motion For Enforcement of Parenting Plan.wpd (2/1/02)

Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply:

I selected this document for myself and I completed it without paid assistance. I paid or will pay money to _________________________ for assistance in preparing this document.
________________________________________________________________________________________________________ Petitioner Respondent, Signature Print Name ________________________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone SIGNED AND SWORN to before me this ___________ day of _______________, 20 _____.

____________________________________ Notary Public for ____________/Court Clerk My Commission Expires: _______________

I certify that this is a true copy:____________________________________ Petitioner Respondent, Signature

Page 3 of 3, AFFIDAVIT SUPPORTING MOTION FOR ENFORCEMENT OF PARENTING PLAN
Linn Co unty Form 5A : Affidavit Affidavit Supporting Motion For Enforcement of Parenting Plan.wpd (2/1/02)