Parenting Time Enforcement
Packet No. 10
Instructions
**Notice regarding enforcement of orders from other courts. If the order is out of
state, you will also need the following forms: (1) Child Custody and Parenting Time
Judgments from Other States, Information on Enforcement; and (2) Petition for Order to
Show Cause re: Enforcement of Parenting Plan. Please ask for the forms from the staff at
Dissolution Resource Services. If the order is out of county, you will need to file a
request to transfer the case to Marion County in the original county (that the order was
granted).
STEP 1:
*Fill out the Motion and Affidavit for Order to Show Cause re: Enforcement of Parenting
Plan (MOTION) (If your case involves an out of state order, you will be filing a
PETITION). Don’t sign your name until you are in the presence of a notary public or
court clerk. The case heading is the same as it was when visitation or parenting time was
ordered if it was a Marion County Case. For enforcement of out of state orders, you are
the petitioner.
*Fill out the Order to Show Cause (ORDER). Don’t fill out the bottom of page two.
*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 MOTION (or PETITION) and one copy of the ORDER. Keep
one copy of each for your records. On the second copy of the MOTION (or PETITION),
sign your name where it says, “I certify this is a true copy.”
STEP 2:
*File the original MOTION (or PETITION) and ORDER at the Accounting window on
the first floor of the courthouse. A copy of the order or judgment establishing parenting
time or visitation must be attached to your MOTION (or PETITION) and ORDER.
Accounting will assign a case number if there isn’t one already.
*Fill in the case number on your copy if you don’t have one already.
STEP 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 on the first floor of the
courthouse.
*Have the other party served with the second copy of your MOTION (or PETITION) and
a copy of the ORDER the judge signed. You cannot serve the papers yourself. The
Marion County Sheriff’s Office will serve papers for you, or you can go to a private
process server. Make sure the person who completes service files a proof of service with
the court, detailing how service was made.
STEP 4:
*Sign up for the Children Cope with Divorce (COPE) class through the YWCA within 15
days of when you filed the MOTION (or PETITION) and ORDER.
*Wait 14 days from the date of service for the other party to respond. If a response is
filed, your case will be assigned to a judge. If a response is not filed, the court may grant
the relief you requested. (See Step 5).
Your case will be referred to mediation unless that requirement is waived by the judge.
You may file a “Motion and Affidavit for Waiver of Mediation” (available through
Dissolution Resource Services) if you want that requirement waived. This should be done
at the time you file your initial MOTION (or PETITION) and ORDER. The judge will
only waive mediation if you show the judge there is a good reason to. If your case is not
resolved in mediation, it will be set for hearing in front of the assigned judge.
STEP 5:
If the other party doesn’t file a response after being served, you may ask the court to enter
judgment in your favor. Fill out the Motion and Affidavit in Support of Judgment and the
Judgment re: Enforcement of Parenting Plan.
The section of the judgment labeled “Required Information About the Parties” refers to
information that Oregon law may require the parties to provide. Oregon law requires the
parties to provide the following information regarding each party if the judgment contains
a provision regarding child support: residence, mailing or contact address, social security
number, telephone number, driver license number and the address and telephone number
of all employers of each party. In addition, Oregon law requires that the following
information be provided in all money judgments: (1) the name and address of each
judgment creditor (the person who is owed money) and his or her attorney, and (2) the
following information about the judgment debtor (the person who owes money): address,
date of birth, Social Security number, driver license number and state of issuance, name
of attorney, and (3) the name of any person or public body known by the judgment
creditor, other than the judgment creditor’s attorney, who is entitled to any portion of a
payment made on the judgment. You may file your papers with the Court for
consideration by a judge. Check back in a week or so to see if the judgment was signed.
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25 IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF _____________
In the Matter of the Marriage of: )
)
________________________________, ) Case No. _____________
Petitioner, )
) MOTION AND AFFIDAVIT FOR
ORDER TO SHOW CAUSE RE:
and ) ENFORCEMENT OF PARENTING
PLAN
)
________________________________, )
Respondent. )
)
MOTION
I.
(Check one box) Petitioner Respondent moves the Court for an Order requiring the
other party to appear and show cause why the Parenting Time Order or Parenting Plan
previously issued by the Court in this matter should not be enforced.
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 II.
The remedies I am asking for are those which are indicated in the “Order to
Appear and Show Cause” which is being filed with this motion.
III.
____ Mediation is not appropriate in this matter. (If you check this box, you must also
file a Motion and Affidavit for Waiver of Mediation
Affidavit
STATE OF ____________ )
)
County of _____________ )
I. I, ____________________________________, being first duly sworn,
(print your name)
say: I am the petitioner respondent in this proceeding.
II. The parties’ minor child/ren are: _________________________________
________________________________________________________________________
III. The child/rens’ present address is: ________________________________
________________________________________________________________________
________________________________________________________________________
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 IV. The places where the minor child/ren of the parties have lived in the last
five years and the names of the person with whom the child/ren have resided are:
Dates County/State With Whom Which Children
From: _______ to ________ _________________ ______________ _______________
From: _______ to ________ _________________ ______________ _______________
From: _______ to ________ _________________ ______________ _______________
From: _______ to ________ _________________ ______________ _______________
Additional page attached; see section labeled “paragraph 4 continued.”
V. The current addresses of the persons listed above with whom the minor
child/ren have lived are:
Name Address
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 VI. I have not participated in any litigation concerning the custody,
visitation, parenting time or placement of the child/ren in this or any other state, (or)
I have participated in the following litigation concerning the custody,
visitation, parenting time or placement:
Name of Court State Case No. Date Result
________________________________________________________________________
________________________________________________________________________
VII. Except as stated below, I do not have any knowledge of any other
domestic violence, custody, visitation, parenting time or placement proceeding involving
the child/ren of this marriage pending in this or any other state:
________________________________________________________________________
(Identify court, case number and nature of proceeding)
________________________________________________________________________
VIII. Except as stated below, I do not know any person other than my spouse
who has physical custody of the child/ren or who claims to have custody, visitation or
parenting time rights:
________________________________________________________________________
________________________________________________________________________
XI. The following child/ren are being held by the other party in violation of
the attached custody order:
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 Name Address City County Date of Birth
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
X. The other party has not complied with the attached order in the following
way(s):
________________________________________________________________________
________________________________________________________________________
________________________________
Signature
____________________________________
Print name
____________________________________
Address
____________________________________
City, State, Zip Code
____________________________________
Telephone
SUBSCRIBED AND SWORN to before me this ___________ day of
______________, ______,
by _________________________________________________.
___________________________________
Notary Public for ____________/Court Clerk
My Commission Expires: ______________
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 I certify this is a true copy.
_________________________________
Signature
Motion and Affidavit For Order to Show Cause Re: Enforcement of Parenting Plan
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25 IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF _____________
In the Matter of the Marriage of: )
)
, ) Case No. _
Petitioner, )
)
) ORDER TO SHOW CAUSE RE:
and ENFORCEMENT OF PARENTING
) PLAN
)
, )
Respondent. )
)
TO: (List other party’s name and address):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
IT IS HEREBY ORDERED:
You are ordered to appear and show cause why an order should not be entered which
finds that you have violated the parenting plan currently in effect in this case, and which
Order to Show Cause re: Enforcement of Parenting Plan
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25 allows the remedies indicated below. If you object to the remedies sought by the other
party, you must “appear” by filing a written response to this motion with the court within
14 days of the date you were served. A form called “Response to Show Cause Order” is
available at the Marion County Courthouse, 100 High Street, Salem. You must promptly
mail a copy of the response to the other party at the address listed below.
________________________________________________________________________
________________________________________________________________________
Name of person requesting enforcement (print)
________________________________________________________________________
________________________________________________________________________
Mailing address (street or post office box, city, state, zip)
___________________________________________
Telephone number
If you do not file a response, in addition to other remedies, the court may order any of the
following:
(To be completed by the party requesting enforcement. Check all that apply.)
Modify the parenting plan by:
specifying a detailed parenting time schedule
imposing additional terms and conditions on the existing parenting time
schedule
ordering additional parenting time, in the best interests of the child, to
compensate for wrongful deprivation of parenting time.
Order that you post bond or security.
Order to Show Cause re: Enforcement of Parenting Plan
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25 Order one or both parties to attend counseling or education sessions that focus on the
impact of the violation of the parenting plan on children.
Award the prevailing party expenses incurred in enforcing the parenting plan.
Order the termination, suspension or modification of spousal support.
Order the termination, suspension or modification of child support as provided in ORS
107.431.
Schedule a hearing for modification of custody as provided in ORS 107.135(10).
WHEN SHOWN IN A SEPARATE LEGAL ACTIO N, VIOLATION OF COURT ORDERED
PARENTING TIME MAY ALSO RESULT IN A FINDING OF CONTEMP T, WHICH CAN LEAD
TO FINE S, IMPRISONMENT OR OTHER PENALTIE S, INCLUDING COMPULSORY
COMMUNITY SERVIC E.
Each party that appears in this case is required by Marion County Supplementary Local
Rule 8.011 to complete a parent education program if not previously completed in this
case. Also, both parties will be required to participate in mediation unless that
requirement is waived by the court. A mediator will not be assigned until the other party
files a response and the case is assigned to a judge. If either party wants mediation
waived, a “Motion and Affidavit for Waiver of Mediation” must be filed at the time of
that party’s initial filing. Forms for this purpose are available at the Marion County
Courthouse.
Dated this ________day of ___________________, ______.
______________________
Circuit Court Judge
Order to Show Cause re: Enforcement of Parenting Plan
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25 Submitted by:
____________________________
Signature
_______________________________
Print Name
_______________________________
Address
_______________________________
City, State, Zip Code
_______________________________
Telephone
Order to Show Cause re: Enforcement of Parenting Plan
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25 IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF ________________
In the Matter of the Marriage of: )
)
________________________________, ) Case No. ________
Petitioner, )
) MOTION AND AFFIDAVIT IN
SUPPORT OF JUDGMENT
and )
)
________________________________, )
Respondent. )
)
MOTION
___________________________ requests that this Court grant a judgment based on
(print your name)
_____________________ failure to appear within the time specified by law, after service
(other party’s name)
was completed. (Attach a copy of the proof of service).
Motion and Affidavit in Support of Judgment
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25 Affidavit
STATE OF ________________________ )
) ss.
County of _________________________ )
I, ____________________________________, being first duly sworn, say: I am
(print your name)
the ________________________in this matter.
(petitioner/respondent)
Check boxes below that apply:
_____________________________ is not now, and was not at the time of the
(other party’s name)
service of the Order to Show Cause, in the active military service of the United States, an
unemancipated minor, or incapacitated.
_____________________________ is now, or was at the time of service of the
(other party’s name)
Order to Show Cause, in the active military service of the United States, but s/he has
waived his/her rights under the Soldiers and Sailors Civil Relief Act, as shown by the
attached affidavit, labeled as Exhibit 1. ______________________________ is not now
(other party’s name)
and was not at the time of the service of the Summons and Petition, an unemancipated
minor or incapacitated.
____________________________________
(Signature)
Motion and Affidavit in Support of Judgment
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25 ____________________________________
(Print name)
____________________________________
Address
____________________________________
City, State, Zip Code
____________________________________
Telephone
SIGNED AND SWORN TO before me this __________ day of
__________________, _____, by _____________________________________.
________________________________________
Notary Public for ______________/Court Clerk
My Commission Expires: __________________
Certificate of Document Preparation
I certify that: (check all that apply)
I selected this document for myself.
I was provided this document by an attorney.
I completed this document without paid assistance.
I paid or will pay money to _____________________________ for
assistance in preparing this document.
Motion and Affidavit in Support of Judgment
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25 __________________________________________
Signature
Motion and Affidavit in Support of Judgment
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25 IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF ______________
In the Matter of the Marriage of: )
)
) Case No. _______
________________________________, )
Petitioner, ) JUDGMENT RE: ENFORCEMENT
OF PARENTING PLAN
)
)
and )
)
________________________________, )
Respondent. )
This matter came before the Court:
At the request of ________________________ for an order granting the relief
(print your name)
requested in the Order to Show Cause dated ________________________.
(date)
Judgment re: Enforcement of Parenting Plan
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25 On the stipulations of the parties, as shown by the signatures below.
At a hearing held ___________________________, at which the following
(Date)
persons were present:
Petitioner Petitioner’s attorney _________________________________
Respondent Respondent’s attorney _____________________________
The Court considered the:
Affidavit
Affidavit and stipulations
Evidence presented
and found that:
Oregon has jurisdiction under the Uniform Child Custody Jurisdiction and
Enforcement Act over the parenting time issue because:
______County Circuit Court made the initial child custody
determination.
Other: _________________________________________________.
Oregon does not have jurisdiction over the parenting time issue because:
________________________________________________________________________
_______________________________________________________________________.
NOW, THEREFORE, IT IS HEREBY ORDERED:
The parenting plan currently in effect shall be modified in accordance with the
following:
________________________________________________________________________
________________________________________________________________________
Judgment re: Enforcement of Parenting Plan
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25 ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
________________________________ shall be required to attend the following
counseling or education sessions: ____________________________________.
Spousal support shall be terminated suspended modified as follows:
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Child support shall be terminated suspended modified as follows:
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
___________________________ shall be required to post bond or security as
follows: ________________________________________________________________.
The requested relief is denied.
Other. _______________________________________________________
_______________________________________________________________________.
___________________________ shall be awarded reasonable attorney fees
filing fees court costs incurred in enforcing the parenting plan.
If Court Costs and Fees were Deferred: (please check the boxes below that apply)
Judgment re: Enforcement of Parenting Plan
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25 Petitioner (or) Respondent shall be liable for all the filing fees, court costs
(including COPE fees) that were deferred.
Petitioner and Respondent shall each be liable for one half the filing fees, court
costs (including COPE fees) that were deferred.
The State of Oregon shall have judgment against Petitioner Respondent for
one-half all the filing fees, court costs fees and COPE fees.
If Court Costs and Fees were Paid by the Parties: (please check the boxes below that
apply)
Petitioner Respondent shall be liable for one-half all the filing fees and
court costs (including COPE fees) and service fees that have been paid in this suit, and
judgment shall be entered accordingly.
REQUIRED INFORMATION ABOUT THE PARTIES
Based on a finding that the health, safety, or liberty of
_____________________________ or a child ___________________________ would
(Name of parent at risk) (Name of child at risk)
unreasonably be put at risk by disclosure of the following information in this section,
____________________________ has been allowed not to disclose this information.
Mother Father
________________________________ _________________________________
Residence, mailing or contact address Residence, mailing or contact address
________________________________ _________________________________
Social security # / Telephone number Social security # / Telephone number
________________________________ _________________________________
Judgment re: Enforcement of Parenting Plan
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25 Date of Birth Date of Birth
________________________________ _________________________________
Driver license # and State of Issuance Driver license # and State of Issuance
________________________________ _________________________________
Employer name Employer name
________________________________ _________________________________
Employer address Employer address
________________________________ _________________________________
Employer telephone number Employer telephone number
(Attach additional sheet if more than one employer)
________________________________ _________________________________
Attorney, Name, Address, Phone Attorney, Name, Address, Phone
________________________________ _________________________________
Name of any person entitled to portion of payment on judgment, if judgment creditor
Both parties shall inform the Court (P.O. Box 12869, Salem, OR 97309) and the
Division of Child Support (P.O. Box 14506, Salem, OR 97309) in writing of any change
in the information required because child support is involved within ten (10) days of such
change, unless a finding of unreasonable risk has been made in this case.
If the Court has ordered that a party be allowed not to disclosure
information by means of this judgment, the Department of Justice
shall not disclose this information to the other parent.
MONEY JUDGMENT SUMMARY
(Child Support Obligation included not included)
Judgment re: Enforcement of Parenting Plan
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25 A. CHILD SUPPORT
I. Judgment Creditor ________________________________________________
II. Judgment Debtor _________________________________________________
III. Amount of Judgment __________, representing back child support.
________________ per month, starting the first day of the month following the
date of the judgment.
IV. Interest
a. Interest accrues at 9% per annum, simple interest.
b. Interest accrues on the judgment on each unpaid installment as it
becomes dues on the first day of each month.
B. SPOUSAL SUPPORT
I. Judgment Creditor ________________________________________________
II. Judgment Debtor _________________________________________________
III. Amount of Judgment______________________________________________
IV. Interest
a. Interest accrues at 9% per annum, simple interest.
b. Interest accrues on the judgment on each unpaid installment as it
becomes dues on the first day of each month.
C. COURT COSTS (i.e., filing, hearing, trial, COPE fees)
I. Judgment Creditor ________________________________________________
II. Judgment Debtor _________________________________________________
III. Amount of Judgment _____________________________________________
IV. Interest
Judgment re: Enforcement of Parenting Plan
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25 a. Interest accrues at 9% per annum, simple interest.
b. Interest accrues on the judgment on each unpaid installment as it
becomes dues on the first day of each month.
D. SERVICE FEES
I. Judgment Creditor ________________________________________________
II. Judgment Debtor _________________________________________________
III. Amount of Judgment _____________________________________________
IV. Interest
a. Interest accrues at 9% per annum, simple interest.
b. Interest accrues on the judgment on each unpaid installment as it
becomes dues on the first day of each month.
DATED this _____ day of ____________________________, ______.
_____________________________________________
CIRCUIT COURT JUDGE
Both parties have agreed to the terms of this judgment: (sign only your name)
______________________________ _________________________________________
Petitioner, Pro Se Respondent, Pro Se
______________________________ _________________________________________
Date Date
Submitted by:
______________________________________
Judgment re: Enforcement of Parenting Plan
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25 Signature
______________________________________
Print name
______________________________________
Address or Contact Address
______________________________________
City, State, Zip Code
______________________________________
Telephone or Contact Telephone
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.
I was provided this document by an attorney.
I completed this document without paid assistance.
I paid or will pay money to _____________________________ for assistance
in preparing this document.
____________________________________________
Signature
Judgment re: Enforcement of Parenting Plan
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25 IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF ________________
In the Matter of the Marriage of: )
)
________________________________, ) Case No. ________
Petitioner, )
) RESPONSE TO SHOW CAUSE
ORDER
)
and )
)
________________________________, )
Respondent. )
)
(Check one box) Petitioner Respondent hereby responds to the Motion and
Affidavit for Order to Show Cause re: Enforcement of Parenting Plan and Order to Show
Cause, and requests a hearing.
Response to Show Cause Order
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25 NOTICE TO THE PARTY FILING THIS RESPONSE
After this Response has been filed with the court, it your responsibility to
promptly mail a copy to the other party. If the other party has an attorney, you must mail
a copy to the attorney.
You will be required to participate in mediation. You have the right to request an
order waiving mediation. The court will not waive mediation unless good cause is shown.
You may request an order waiving mediation by completing and filing a “Motion and
Affidavit for Waiver of Mediation” at the time you file your response. Forms are
available at the Marion County Courthouse.
You are required by Marion County Supplementary Local Rule 8.011 to complete
a parent education program if not previously completed in this case.
You must provide your mailing address and daytime telephone number below,
and you must promptly inform the court of any change in your mailing address or
daytime telephone number.
Dated this _____ day of ____________________,______.
_____________________________________
(Signature)
______________________________________
Print Name
______________________________________
Address
______________________________________
City, State, Zip Code
______________________________________
Telephone
Response to Show Cause Order
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