Enforcement & Contempt
Enforcement & Contempt
If your parenting time is being denied, it is crucial that you seek the guidance of a legal professional. Attempting to take matters into your own hands is the wrong choice and can negatively impact your future parenting time. Contact our firm as soon as possible.
At Carty Law, P.C. serving Salem and Eugene, Oregon, we understand the emotional nature of the situation you are facing. During your divorce, you reached a compromise regarding time with your children, and now you are being denied that court-ordered time. It is important to remember that there is a specific legal process devoted to the enforcement of parenting time.
Visitation Rights Attorneys Serving The Salem Area
Our Salem, Oregon, enforcement of parenting time attorneys have extensive experience guiding clients through all stages of a divorce. There are two processes that can be followed in this situation:
An enforcement of parenting time process: The court will likely schedule a hearing within 45 days. During this process, the court has the authority to specify a more detailed parenting time schedule, impose additional conditions to the existing schedule and award the prevailing party the filing fees and court costs he or she has incurred in enforcing the parenting plan. A contempt proceeding: Contempt can be harder to prove as the burden of proof is more stringent in a contempt proceeding compared to an enforcement of parenting time proceeding. Clear and convincing evidence must be provided, and if confinement is sought for the offending party, the burden of proof becomes “beyond a reasonable doubt.”
Each process has its own advantages and disadvantages. It is wise to work with an experienced lawyer to determine which process is right for your specific situation.