Q: Can you file for contempt of court and enforcement of parenting plan at the same time in Oregon ?
Can you file for contempt of court and enforcement of parenting plan? The other parent (custodian) failed to respond to my motion to modify parenting time and I was granted visitation as I request by way of default. Other parent is still not responding to my calls to visit the children? So now I have no choice but to enforce it. Should I file both motions or just 1 ? When I won the default judgment, the other parent have already relocated to out of state without notifying me or the court. So the court technically have yet to acknowledge the relocation knowing the the other parent was served in the other state. It's because I am a kind person and don't want my ex in jail. So what do I do. This can't keep going. It must be stopped plz. Thank you..
A:
In Oregon, it is possible to file for contempt of court and enforcement of a parenting plan simultaneously. Contempt of court is appropriate when a party willfully disobeys a court order, such as an order regarding visitation or parenting time. Filing for enforcement of the parenting plan seeks to compel compliance with the specific terms of the plan.
Since you have a default judgment granting you visitation rights, and the other parent is not complying, filing for contempt may be a viable option. This action can highlight the seriousness of the issue to the court and potentially lead to measures ensuring compliance.
However, considering the other parent has moved out of state without notification, it’s essential to address this issue as well. The court should be informed about the relocation, as this could significantly impact the enforcement and modification of the parenting plan.
Given the complexity of your situation, including interstate issues, it’s advisable to seek legal guidance. A legal professional can assist you in determining the most effective course of action, ensuring proper filing of motions, and representing your interests in court. Your goal to maintain a positive relationship and avoid punitive measures like jail for your ex is important, but it's also crucial to ensure your visitation rights are respected.
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