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Motion For Order To Show Cause Re Enforcement Of Parenting Plan And Order (5A) Form. This is a Oregon form and can be use in Circuit Court Statewide.
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Tags: Motion For Order To Show Cause Re Enforcement Of Parenting Plan And Order (5A), Oregon Statewide, Circuit Court
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF _________________
In the Matter of □ the Marriage of:
________________________________,
Petitioner,
and
________________________________,
Respondent.
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Case No. ______________________
MOTION FOR ORDER TO SHOW
CAUSE RE ENFORCEMENT OF
PARENTING PLAN; and ORDER
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
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.
d.
Awarding the prevailing party his/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 interferedwithout good cause, and other requirements of ORS 107.431 are met.
g.
Scheduling a hearing for modification of custody.
MOTION FOR ORDER TO SHOW CAUSE RE ENFORCEMENT OF PARENTING PLAN and ORDER
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2. Order Establishing Parenting Time.
A copy of the Order or Judgment establishing the parenting time is attached to this Motion.
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. 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.
for assistance in preparing this document.
□ I paid or will pay money to
DATED this
day of
, 20
.
□ Petitioner □ Respondent, Signature
ORDER
□ The Motion for Order to Show Cause is allowed. The parties are ordered to appear for a hearing on
this issues as specified on Page 1 of this Motion.
□ Denied.
DATED this _______ day of ____________________, 20_______.
Circuit Court Judge
Print Name
Submitted by:
□ Petitioner □ Respondent, Print Name
City, State, Zip
Address or Contact Address
Telephone or Contact Telephone
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I certify that this is a true copy: ____________________________________
□ Petitioner □ Respondent, Signature
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 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 www.ojd.state.or.us/familylaw and through your local Circuit Court.
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