Eugene, OR asked in Family Law and Child Custody for Oregon

Q: My son lives in Washington state and the parenting plan was filed and approved in Oregon courts. What if the mother is

Not abiding by the parenting plan? Can I have it reopened in Oregon?

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The court that issued a decision on custody and parenting time continues to be the only court with jurisdiction to hear any proceedings to modify or enforce the original court orders unless and until there is a formal motion to transfer the jurisdiction of the case to another court.. So the fact that your son now lives in Washington does not change anything. You can file a Petition to modify or enforce parenting time in the original Oregon Court. The other side can ask for the case to be transferred but assuming you still live in Oregon yourself, the court is not likely to allow a transfer. Transfers are probably a good idea if both parents and all the children have all left the State of Oregon. Then it doesn't make sense for the Oregon Court to continue to handle a case where there is no one living in Oregon. But even then a person can ask the Oregon court to keep handling the case, so a transfer is not automatic. (One might ask that the case remain in Oregon because there are witnesses that still live in Oregon or the Oregon Court has heard several matters concerning the case and is more familiar with the case then a new court would be.) This may sound complicated because it is, so to keep things simply, assuming the case was last handled by an Oregon Court, file in that same Oregon Court and see what happens.

Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: My answer assumes that you are one of the parents and the son you are talking about is your minor child. If you are the grandparent then you have to read my answer as applying only to the parents of the child and the child.

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