WHAT EVERY PARENT SHOULD KNOW

INFORMATION ALL PARENTS NEED TO KNOW

Posted on January 6, 2009 by Sean Stephens

 

As a family law lawyer, I am always surprised how casually some parents take a parenting plan. We hear a lot of stories about the other parent disregarding terms of the parenting plan.  We hear complaints of the other parent returning the children late, failing to return items of clothing, or denying holiday or summer parenting time.   Failure to comply with parenting time orders can carry serious consequences if the other parent takes enforcement action after a willful violation of the parenting plan.  One of the most serious enforcement remedies available for parenting plan violations is “contempt of court.”  Parenting time orders are orders made by the court with the court’s authority.   Willful disobedience of, resistance to, or obstruction of the court’s authority, process, order, or judgment is subject to a contempt motion. 

Private attorneys and parties can bring “remedial” contempt actions for willful parenting plan violations.  A remedial action is the court using its authority to remedy, or fix the non-compliance. A broad range of sanctions are available to get a parent to comply with the parenting plan.  ORS 33.105 specifies what sanctions are available in a contempt action.  Unless there is a contrary statute, the court can impose one or more of the following remedial sanctions:

  1. Payment of a sum of money sufficient to compensate a party for loss, injury or costs suffered by the party as the result of a contempt of court.
  2. Confinement for so long as the contempt continues, or six months, whichever is the shorter period.
  3. An amount not to exceed $500 or one percent of the defendant’s annual gross income, whichever is greater, for each day the contempt of court continues. The sanction imposed under this paragraph may be imposed as a fine or to compensate a party for the effects of the continuing contempt.
  4. An order designed to insure compliance with a prior order of the court, including probation.
  5. Payment of all or part of any attorney fees incurred by a party as the result of a contempt of court.
  6. A sanction other than the sanctions specified in paragraphs (a) to (e) of this subsection if the court determines that the sanction would be an effective remedy for the contempt.

Basically the court has the power to craft any remedy, including jail, to encourage compliance with a court order.

Liability for contempt can extend even beyond the parties. Third parties that interfere with parenting time orders may be held accountable through contempt.

What to do to avoid a contempt action? When your case is complete, get and retain a copy of your parenting plan.  Read it.  Know what it says.  If you can, communicate with the other parent about parenting time to make sure you are on the same page.  If you want to change the parenting plan and the other parent agrees, confirm the agreement in writing or email.  Don’t unilaterally disregard the parenting plan. What to do if you are served with a contempt action?  Talk to an experienced family law lawyer and get help.  What to do if the other parent won’t follow the parenting plan? Talk to an experienced family law lawyer about what remedies you may have.

 

 

 

 

About Sean Stephens

By Sean Stephens Google + Sean Stephens is divorce and family law lawyer, and a founding member of Stephens Margolin P.C. He was born in Eugene, Oregon and is a fourth generation Oregonian. Sean Stephens attended the University of Oregon, and graduated in with a Bachelor of Science in Psychology, with a minor in English Literature. His psychology studies emphasized early childhood development. You can find more about Sean Stephens at Stephens Margolin P.C.

 

 

http://oregondivorceblog.com/wordpress/2009/01/contempt-of-court-for-parenting-time-violations/

Please Make Note

Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

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Save A Life by Angie Kassabie

Save A Life by Angie Kassabie
I URGE ALL MY FRIENDS TO READ & SHARE THIS; YOU COULD SAVE A LOVED ONES LIFE BY KNOWING THIS SIMPLE INFORMATION!!! Stroke has a new indicator! They say if you forward this to ten people, you stand a chance of saving one life. Will you send this along? Blood Clots/Stroke - They Now Have a Fourth Indicator, the Tongue: During a BBQ, a woman stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) ...she said she had just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food. While she appeared a bit shaken up, Jane went about enjoying herself the rest of the evening. Jane's husband called later telling everyone that his wife had been taken to the hospital - (at 6:00 PM Jane passed away.) She had suffered a stroke at the BBQ. Had they known how to identify the signs of a stroke, perhaps Jane would be with us today. Some don't die. They end up in a helpless, hopeless condition instead. It only takes a minute to read this. A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough. >>RECOGNIZING A STROKE<< Thank God for the sense to remember the '3' steps, STR. Read and Learn! Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions: S *Ask the individual to SMILE. T *Ask the person to TALK and SPEAK A SIMPLE SENTENCE (Coherently) (i.e. Chicken Soup) R *Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher. New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other that is also an indication of a stroke. A cardiologist says if everyone who gets this e-mail sends it to 10 people; you can bet that at least one life will be saved. I have done my part. Will you?

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