Legal Question in Family Law in Oregon

Can he file contempt charges?

I advised my ex's girlfriend (he refuses to speak to me)in 01/04 that my son and I would be going to Florida for my sisters wedding on 4/20/04 to 4/27/04. She said no problem- it was on my weekend.

2 days before we go he says he wants him for his birthday which is on 4/24. I told him we already made arrangements and he did not give me advanced notice. He said he never agreed to letting Bryan go. I reminded him that I told his chosen ''liason'' in January. He stated if our son, Bryan, goes then I'll be arrested on contempt charges because he never agreed. In our paperwork it does not directly state anything about birthdays, mine, his, or our son's. It plainly spells out Thanksgiving, Christmas, spring and summer breaks, Mother's, Father's day. No other holiday is mentioned and over the past 3 years, we have maintained an every other weekend shcedule for those unlisted holidays. The only thing it states in our order is that the holiday schedule takes precedence over weekend schedule. Is it considered a holiday if it is not written into the order? It does not state that ors 8.075 will be adopted when something is not written in. Am I in contempt even though it is not listed in our order? What could happen?


Asked on 5/01/04, 6:24 pm

1 Answer from Attorneys
Karen Oakes Law Office of Karen M. Oakes, P.C.

Re: Can he file contempt charges?

This is a general explanation of contempt and vistiation issues and is not to be construed as creating an attorney/client relationship.

Contempt comes in two forms: one available only to the DA/Court and one available to a party in civil cases. There is punitive contempt and remedial contempt. Punitive is punishing and can involve jail time. Punitive contempt is not available for missed visitation (if there is one actually missed) but is available for violation of a restraining order--a criminal act. Contempt "charges" would be remedial for civil violations of court orders, such as missed visitation (if it is truly missed and the ORDER says birthdays) and the usual remedy is makeup time, a fine, attorney's fees. Remedial contempt findings are not a criminal conviction and usually do not carry criminal penalties.

Visitation orders only give what is in the order. Oregon courts may order a "standard" parenting plan to be the default, but if your order doesn't incorporate a "standard" parenting plan (which divides up birthdays) and also doesn't mention birthdays....then birthdays aren't in the order. Therefore, how could a person be in contempt of an order which doesn't exist.

Good luck, don't be intimidated by a bully.

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Answered on 5/01/04, 8:22 pm


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