MISSED WEEKENDS, REAL REMEDIES:
ENFORCING PARENTING TIME IN OREGON

When the Plan Is Only on Paper

A parenting plan is a court order, not a suggestion. Still, many parents in Eugene find themselves standing in an empty parking lot at the exchange time, or getting a text an hour before the weekend that “the kids are busy.” One missed exchange may be a misunderstanding. A pattern is something the court can address, and Oregon gives you more than one tool to do it.

This post explains the two main enforcement routes, expedited parenting time enforcement and contempt, and how to choose between them.

First, Protect Your Own Record

• Keep a log. Date, time, what was scheduled, what happened, and any messages. Screenshots beat memory.
• Show up anyway. Arrive at the scheduled exchange so you can prove you were there.
• Keep communication calm and in writing. A judge may read every text you send.
• Keep paying child support. Support and parenting time are separate obligations. Only the court can change your support, and withholding it can put you in violation of an order yourself.
• Don’t retaliate. Keeping the children from the other parent to “even things out” is one of the common mistakes in Oregon custody disputes.

Option 1: Expedited Parenting Time Enforcement (ORS 107.434)

Oregon law requires each judicial district, including Lane County, to provide an expedited parenting time enforcement procedure under ORS 107.434. It is designed to be easy to understand and start. The court provides forms for a motion alleging a violation of parenting time or substantial violations of the parenting plan, and you attach a copy of the order. The other parent is then served and ordered to appear and explain why parenting time should not be enforced.

The procedure may include mediation, which can be waived for good cause. Unless the parents agree otherwise or a mediation conference is scheduled, the court must hold a hearing within 45 days of the motion. If the court finds a violation, ORS 107.434 lets it:

• Order a more detailed parenting time schedule or add new conditions to the existing one
• Order make-up parenting time to compensate for time wrongfully denied, if it is in the child’s best interests
• Require the violating parent to post bond or security
• Order counseling or education about the effect of parenting plan violations on children
• Award the prevailing parent expenses, including attorney fees, filing fees, and court costs
• Terminate, suspend, or modify spousal or child support
• Schedule a hearing on modifying custody

Option 2: Remedial Contempt (ORS 33.015 to 33.155)

Contempt is the court’s power to enforce its own orders. Under ORS 33.015, willful disobedience of a court order or judgment is contempt of court. When a parent asks the court to make the other side comply, the case is usually for remedial sanctions, which are meant to force compliance or compensate the harmed parent rather than to punish.

Under ORS 33.055, the aggrieved parent files the action with supporting declarations describing the specific violations, and the other parent must normally be personally served. A judge, not a jury, decides the case. The other parent has a right to a lawyer, and inability to comply is a defense. For sanctions other than jail, the violation must be proven by clear and convincing evidence; if confinement is sought, the standard is beyond a reasonable doubt.

If contempt is found, ORS 33.105 allows remedial sanctions such as compensation for losses, a daily amount of up to $500 or one percent of annual gross income (whichever is greater) while the contempt continues, orders designed to ensure compliance (including probation), attorney fees, and confinement for as long as the contempt continues, up to six months. Under ORS 33.135, a contempt case generally must be started within two years of the violation.

Which Route Fits?

The two are not mutually exclusive. ORS 107.434 notes that violations may also be pleaded as contempt in a separate action. And if violations are chronic, the better answer may be to ask the court to modify custody or the parenting plan altogether. Our child custody page explains how modification works.

Special Situations

• An older child refuses to go. A parent must still make a good-faith effort to follow the plan. See our post on when a teenager refuses parenting time.
• Real safety concerns. If you are withholding time because of abuse, don’t act alone. Ask the court for protection, which may include a FAPA restraining order.
• A child is taken or kept. Keeping a child from a lawful custodian can be the crime of custodial interference under ORS 163.245, and a felony in the first degree under ORS 163.257 if the child is taken out of state. A parent entitled to physical custody can seek an order of assistance under ORS 107.437, although that tool cannot be used to enforce ordinary parenting time.
• No final order yet. If your case is still pending, a temporary or status quo order may be the right first step.

How Crawley Law Can Help

We represent Eugene and Lane County parents on both sides of enforcement cases: parents who are being denied time, and parents accused of violations who need to tell their side. We can help you organize your log, choose the right procedure, and ask for remedies that actually change behavior. If you are going through a divorce, building enforceable terms into the parenting plan from the start can prevent these problems.

If parenting time is being missed, schedule a consultation before the pattern becomes the new normal.

This article provides general information about Oregon law and is not legal advice. Every family’s situation is different; consult a lawyer about your specific circumstances.