Legal Question in Family Law in Oregon
contempt of court
I have set visitation of my two minor children ages 12 and 13 and I have not been able to see them in 8 weeks this is a violation of a court order, how do I go about filing contempt of court charges?
2 Answers from Attorneys
Re: contempt of court
You file a motion and order to show cause and a supporting affidavit that outlines the facts showing a violation of the court's order. When you file it the Court will give you a hearing date called a show cause hearing. You will need to serve summons and the order to show cause witht he court date on the party alledged to be in violation
Enforcement of Order for Parenting Time.....
Here in Oregon, for violations of parenting time orders, we no longer use contempt proceedings. Instead, pursuant to a law enacted in 1997 --- ORS 107.434---, we now have a specific statutory procedure for obtaining a court order to enforce parenting time.
The forms and instructions needed to implement the statutory procedure can be obtained at most county court houses in Oregon. Or you can download the forms (PDF format) from the Oregon Judicial Dept�s website at:
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket5.htm#A
LAWRENCE D. GORIN
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Phone: 503-224-8884 (afternoons, Pacific time)
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