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Petition For Order To Show Cause Re Enforcement Of Parenting Plan And Order 5A - Oregon
| Petition For Order To Show Cause Re Enforcement Of Parenting Plan And Order Form. This is a Oregon form and can be used in Custody Parenting Time And Child Support Family Law Circuit Court Statewide . |
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________________ In the Matter of the Marriage of: ________________________________, Petitioner, and ________________________________, Respondent. ) ) ) ) ) ) ) ) Case No. ______________________ PETITION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN; and ORDER STATE OF ________________________ County of _________________________ ) ) ss. ) 1. Petition. Petitioner requests that the court Order the parties to appear on the day of 20______ at __________ a.m./p.m. in Room ___________of the ___________________________ County Courthouse in ___________________, 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 the party who is violating the parenting plan to post bond or security. c. Ordering either or both parties to attend counseling or educational sessions focusing on the impact of violating the parenting plan on children. PETITION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER - Page 1 of 4 American LegalNet, Inc. PTEnforcement-5A: PetitionOutofState5AVer04.doc (9/10) www.FormsWorkFlow.com d. 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. e. Terminating, suspending, or modifying spousal support. f. 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. Order Establishing Parenting Time. A copy of the Order or Judgment establishing the parenting time is attached to this Petition. NOTICE: Review the Confidential Information Form (CIF) information sheet. If the copy of the order or judgment establishing parenting time you are attaching to this motion contains protected information, you must redact black out or erase that information from the copy. NOTICE: Review the Confidential Information Form (CIF) information sheet. If the copy of the order or judgment establishing parenting time you are attaching to this motion contains protected information you must redact black out or erase that information from the copy. 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. Information Required by the UCCJEA. a. The Court that issued the Order I am asking this Court to enforce did did not identify the jurisdictional basis it relied upon when it exercised jurisdiction over the child/ren. The basis was: (fill out if the court did identify the jurisdictional basis) b. The Order that I am asking the Court to enforce has has not been vacated, stayed or modified. The name of the court, case number and nature of the proceeding is as follows: (fill out if the Order has been vacated, stayed or modified) c. No proceeding involving domestic violence, custody or any other issue regarding the child/ren has been started that could affect this proceeding, except: (List court, case number and nature of proceeding) PETITION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER - Page 2 of 4 American LegalNet, Inc. PTEnforcement-5A: PetitionOutofState5AVer04.doc (9/10) www.FormsWorkFlow.com d. The present physical address of the child and the other party is: e. The Order I am asking the court to enforce has has not been registered and confirmed under the UCCJEA. The date and place of registration are as follows: (Fill out if order has been registered and confirmed) 5. 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: _______________________, 20 _____. Petitioner, Signature SIGNED AND SWORN to before me this ___________ day of _______________, 20 Notary Public for My Commission Expires: /Court Clerk ORDER Allowed. Denied. DATED this _______ day of ____________________, 20_______. _______________________________ Circuit Court Judge _______________________________ Print Name /// /// /// /// /// /// PETITION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and American LegalNet, Inc. ORDER - Page 3 of 4 PTEnforcement-5A: PetitionOutofState5AVer04.doc (9/10) www.FormsWorkFlow.com Submitted by: Petitioner, Print Name Address or Contact Address City, State, Zip Telephone or Contact Telephone I certify that this is a true copy: Petitioner, Signature Notice About Sanctions The remedies the Court may impose as a result of this petition 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 shown 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 in your county. 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 through the Oregon Judicial Department at http://www.ojd.state.or.us/familylaw and through your local Circuit Court. PETITION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER - Page 4 of 4 American LegalNet, Inc. PTEnforcement-5A: PetitionOutofState5AVer04.doc (9/10) www.FormsWorkFlow.com
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