Oregon > Local County > Lincoln > Circuit Court > Divorce
Motion For Order To Show Cause Re Enforcement Of Parenting Plan And Order - Oregon
| Motion For Order To Show Cause Re Enforcement Of Parenting Plan And Order Form. This is a Oregon form and can be used in Divorce Circuit Court Lincoln Local County . |
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1 2 3 4 5 6 7 8 9 and In the Matter of the Marriage of ___________________________, Petitioner, ) ) ) ) ) ) ) ) ) ) ) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LINCOLN COUNTY Case. No. _____________ MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 __________________________, Respondent. 1.Motion G Petitioner / G Respondent requests that the court Order the party making the request and the other party to appear on the _____ day of _______________________________, 20_____, at __________ a.m./p.m., in Room ____ of the Lincoln County Courthouse, 225 W. Olive, Newport, Oregon, to show cause why parenting time should not be enforced in the following manner because of the violation of parenting time or the substantial violations of the parenting plan detailed in the attached Affidavit: a. G Modifying the provisions relating to the parenting plan by: G (1) Specifying a detailed parenting time schedule, as follows: PAGE 1 MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER 2001 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. e. f. d. c. b. follows: G (2) Imposing additional terms and conditions on the parenting time schedule, as G (3) Ordering the following additional parenting time, if in the best interests of the child, to compensate for wrongful deprivation of parenting time: G G G G G Ordering the party who is violating the parenting plan provisions to post bond or security. Ordering either or both parties to attend counseling or educational sessions focusing on the impact on children of violating the parenting plan. 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. 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. G Scheduling a hearing for modification of custody. 2. Copy of Order Establishing Parenting Time A copy of the Order or Judgment establishing the parenting time is attached to this Motion and labeled "Exhibit 1" on the bottom, right-hand side of each page. PAGE 2 MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER 2001 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 3. Points and Authorities This request is based on ORS 107.434, which requires expedited hearings and authorizes various remedies for violations of parenting plans. 4. Certificate of Document Preparation You are required to complete truthfully this certificate regarding the documents you are filing with the court. Check all the boxes and complete all blanks that apply: A. B. C. G G G I was provided this document by the court and I completed it without paid assistance. 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____. (Signature) 12 (Name) 13 (Address) 14 (City/State/Zip Code) 15 (Telephone Number) 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE *SEE IMPORTANT INFORMATION ON REVERSE* CIRCUIT COURT JUDGE ORDER G Allowed G Denied DATED this _______ day of ____________________________, 20 ____. PAGE 3 MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER 2001 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C C C C C NOTICE ABOUT SANCTIONS The remedies the Court may impose as a result of this motion to enforce a parenting plan are as follows: C 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. Order the party who is violating the parenting plan provisions to post bond or security. Order either of both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children. Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party's parenting plan. Terminate, suspend or modify spousal support. Terminate, suspend or modify child support. Schedule a hearing for modification of custody. C 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. PAGE 4 MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER 2001 © American LegalNet, Inc.
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