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Petition 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: Petition 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.
STATE OF ________________________
County of _________________________
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Case No. ______________________
PETITION FOR ORDER TO SHOW
CAUSE RE ENFORCEMENT OF
PARENTING PLAN; and ORDER
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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.
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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)
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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
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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.
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