LANE COUNTY
SUPPLEMENTAL LOCAL RULE 8.052
PARENTING TIME ENFORCEMENT PROCEEDINGS

8.052 PARENTING TIME ENFORCEMENT PROCEEDINGS

(1) 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).

(2) 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.

(3) 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.

(4) 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. If mediation is so declined, the mediator shall advise the court and the parties in writing,

2/1/10