Legal Question in Family Law in Oregon

Re: Child custody

Every Washington parenting plan ends with the language WARNING: Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2). Violation of this order may subject a violator to arrest.

You should google the phrase "Marriage of Rideout" to see the current state of the law on refusing visitation in WA.

The sheriff isn't a referee and he really doesnt care whose turn it is to have the kids. Sheriffs, (bless them) are not Judges and they are not lawyers and they cannot give you legal advice. But don't tell them that.

The person to complain to about the other party's failure to follow the plan is the COURT. The judge/commissioner in your county.

The forms are available at courts dot wa dot gov on the forms page. There are three. Motion/Decl for order to show cause re contempt, Order to Show Cause, and Order on show Cause.

I know these are in english and it looks simple, but this is fairly technical stuff and you would be well served by paying a local family law attorney to do this for you.

Its not that you are incapable, it's a job for a pro. Do you do your own surgery? Of course not. Car repair? No, you have a qualified mechanic fix your brakes.

Have a copy of your parenting plan and a calendar detailing the other party's refusal to cooperate and hand over the kids.

This action can also result in the other party having to re-pay you for your attorney fees expended, and provide for make up time for the visits you missed.

If you get the other parent on contempt THREE times, that is adequate cause to ask the court - so long as it is in the best interests of the children - to switch custody from the current primary parent to the current non-primary parent.

It's a powerful tool.

Re: Child custody

Try this website:

http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket5.htm