Legal Question in Family Law in Oregon

Re: family law

YOUR QUESTION:

can a 15 1/2 year old boy elect not to visit me over christmas vacation because he is unhappy about having to follow rules or my style of discipline?

ANSWER:

As a practical matter, YES. He's is 15-1/5 and has the ability to assert some control over what he does and where he goes. Also keep in mind that your son is not a party to the court case in which the visitation order was rendered, and he is under no legal obligation to comply with whatever the court has ordered by way of a court-ordered parenting plan.

Also, at age 15-1/2, you might want to back-off and not attempt to force the young man to visit if he does not wish to do so. Forced visits with resisting teenages never seem to go wall, and everybody ends up being unhappy.

YOUR QUESTION:

Also doesnt his mother have to help enforce the visitation schedule?

ANSWER:

NO, his mother's only obligation is to not intentionally obstruct or interfere with the court-ordered visitation. But she is under no obligation to affirmatively assist you or to do anything else. So long as she does not stand in the way, she's OK and is not doing anything wrong.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Re: family law

YOUR QUESTION:

can a 15 1/2 year old boy elect not to visit me over christmas vacation because he is unhappy about having to follow rules or my style of discipline?

ANSWER:

As a practical matter, YES. He's is 15-1/5 and has the ability to assert some control over what he does and where he goes. Also keep in mind that your son is not a party to the court case in which the visitation order was rendered, and he is under no legal obligation to comply with whatever the court has ordered by way of a court-ordered parenting plan.

Also, at age 15-1/2, you might want to back-off and not attempt to force the young man to visit if he does not wish to do so. Forced visits with resisting teenages never seem to go wall, and everybody ends up being unhappy.

YOUR QUESTION:

Also doesnt his mother have to help enforce the visitation schedule?

ANSWER:

NO, his mother's only obligation is to not intentionally obstruct or interfere with the court-ordered visitation. But she is under no obligation to affirmatively assist you or to do anything else. So long as she does not stand in the way, she's OK and is not doing anything wrong.