Proceedings to enforce parenting time pursuant to ORS 107.434 shall be initiated by motion and
order to show cause. Such proceedings shall be heard on the show cause docket at 9:00 a.m. as
provided in SLR 7.008 if the motion seeks only to enforce an existing order establishing
parenting time through one or more of the remedies listed in ORS 107.434, section (2)(b), (c),(d)
or (e), and the hearing is not expected to exceed one hour. If the motion seeks to enforce
parenting time through one or more of the remedies listed in ORS 107.434, section (2) (a), (f),
(g) or (h), or if the hearing is expected to exceed one hour, the proceeding shall be heard on the
regular trial docket, but subject to the 45-day rule of ORS 107.434 (4).
Unless another time is ordered by the court, the moving party in a proceeding to be set at 9:30
a.m. shall serve the other party with the motion and order to show cause and supporting papers at
least 21 days prior to the time set for hearing. If timely service is not accomplished, the moving
party shall be deemed to have agreed to a hearing date beyond the 45-day limit.
An order to show cause in a proceeding that has been set for 9:00 a.m. shall be served
immediately and in any event not less than 10 days before the hearing date.
Generally, unless good cause is shown, the parties will be referred to mediation if modification
of a parenting time or custody order is sought by the moving party (ORS 107.434 (2)(a) or (g)).
However, the parties will not be referred to mediation if the existing parenting time order was
entered in a Family Abuse Prevention Act proceeding. If the court refers the matter to
mediation, the mediator may decline mediation if, for good cause, the mediator determines that
the proceeding is either inappropriate for mediation, or if mediation cannot reasonably take place
before the hearing date.
2/01/07