Salem, OR asked in Family Law for Oregon

Q: If a parent. plan has spec. dates listed, can the other parent extend their visitation past the dates without permission

I have specific dates listed on my parenting plan and my children’s father is scheduled to have them while they’re still in school (he lives out of state) I’ve been tirelessly trying to work with him and plan our summer for months and to see if he wanted to extend his dates or change them. He hasn’t participated at all. So I’ve gone ahead and booked the vacation my kids and I are going on and have been planning for a year. It’s scheduled 2 days after his visitation ends. He told me that he will keep the kids beyond the date listed on the parenting plan because he’s going to lose 9 days while they’re in school . But again, I’ve been trying to talk to him about this since March and he’s ignored them all (I have proof.) Can he keep custody of the kids past the date listed on the parenting plan without my permission? Also the parenting plan does not list any time requirements, only the dates.

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1 Lawyer Answer
Steven Leskin
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  • Portland, OR
  • Licensed in Oregon

A: The language of the parenting plan controls.

If you did the divorce yourself, it is likely deficient in spelling out exactly what the rights and responsibilities are of each parent. You should not need to work tirelessly to arrange parenting time. Those details should be in the parenting plan.

If a parent refuses to return children, as laid out in the parenting plan, you can go to court to get a Writ of Assistance which will direct the sheriff to get the children. At some point, the offending parent may be committing the crime of custodial interference.

If an attorney helped you with your divorce, you should direct your questions to the attorney.

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