is scheduled, the court shall conduct a hearing no later than 45 days

107.103 is scheduled, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall provide forms for:

����� (a) A motion filed by either party alleging a violation of parenting time or substantial violations of the parenting plan. When a person files this form, the person must include a copy of the order establishing the parenting time.

����� (b) An order requiring the parties to appear and show cause why parenting time should not be enforced in a specified manner. The party filing the motion shall serve a copy of the motion and the order on the other party in the manner provided by law for service of a summons. The order must include:

����� (A) A notice of the remedies imposable under subsection (2) of this section and the availability of a waiver of any mediation requirement; and

����� (B) A notice in substantially the following form:

______________________________________________________________________________

�����

When pleaded and shown in a separate legal action, violation of court orders, including visitation and parenting time orders, may also result in a finding of contempt, which can lead to fines, imprisonment or other penalties, including compulsory community service.

______________________________________________________________________________

����� (c) A motion, supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, and an order that may be filed by either party and providing for waiver of any mediation requirement on a showing of good cause.

����� (2) In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:

����� (a) Modify the provisions relating to the parenting plan by:

����� (A) Specifying a detailed parenting time schedule;

����� (B) Imposing additional terms and conditions on the existing parenting time schedule; or

����� (C) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;

����� (b) Order the party who is violating the parenting plan provisions to post bond or security;

����� (c) Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;

����� (d) Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party�s parenting plan;

����� (e) Terminate, suspend or modify spousal support;

����� (f) Terminate, suspend or modify child support as provided in ORS 107.431; or

����� (g) Schedule a hearing for modification of custody as provided in ORS 107.135 (11). [1997 c.707 �3; 2003 c.116 �6; 2003 c.737 ��50,51; 2005 c.702 ��57,58,59; 2007 c.493 �14; 2011 c.595 �75; 2015 c.121 �7; 2019 c.293 �4; 2023 c.302 �4]

����� 107.435 [1971 c.280 �19; repealed by 1973 c.502 �18]

����� 107.437 Order of assistance to obtain custody of child held in violation of custody order. (1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of any county:

����� (a) In which a child is located if the person is entitled to the physical custody of the child under a valid and current order issued in this state; or

����� (b) In which a valid and current foreign custody order has been filed with a petition as provided in subsection (3) of this section.

����� (2) The application must include a certified copy of the custody order. The order of assistance may direct a law enforcement agency having jurisdiction where the child is located to use any reasonable means and force to deliver the child as directed by the court, including directing forcible entry into specified premises. The court may issue an order of assistance upon an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, executed by the applicant and a finding of the court that:

����� (a) The applicant is entitled to physical custody of the child under a valid and current custody order; and

����� (b) The child is being held by another person in substantial violation of the custody order.

����� (3) When the application for an order of assistance is made to a court in which the custody order has been entered or registered, the applicant shall make the application in the form of a motion. In all other cases, the applicant shall make the application in the form of a petition. The court may not charge a filing fee for a motion or petition filed under this section.

����� (4) The law enforcement agency to which an order of assistance is directed shall make a return to the court specifying whether the order was executed, and if so, a statement reflecting the date on which the order was executed and any other information required by the court in the order of assistance.

����� (5) A court may not issue an order of assistance for the purpose of enforcing parenting time or visitation rights.

����� (6) Except for intentional torts committed outside the scope of the peace officer�s duties, a peace officer is not civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under this section. [1997 c.529 �1; 1999 c.59 �20; 1999 c.1081 �6; 2007 c.255 �5; 2015 c.121 �8]

����� 107.440 [1963 c.434 �14; 1965 c.386 �1; repealed by 1971 c.280 �28]

����� 107.445 Attorney fees in certain domestic relations proceedings. In any proceeding brought under ORS 107.095, 108.110 and 108.120, and in any contempt proceeding to enforce an order or judgment entered in a marital annulment, dissolution or separation proceeding, the court may render an order or judgment awarding to a party, or directly to the party�s attorney, a sum of money determined to be reasonable as an attorney fee at trial and on appeal therein. When a district attorney initiates or prosecutes a proceeding pursuant to ORS 33.015 to 33.155 for enforcement of a restraining order issued under ORS 107.716, 107.718, 124.015 or 124.020 or for enforcement of a support order, the court may enter an order or judgment for a reasonable attorney fee to be paid by the respondent to the county in which the district attorney holds office. An order or judgment so entered is enforceable by the party or attorney in whose favor the order or judgment is given against property of the other party or against any property held jointly or in common between the parties. [1971 c.280 �18; 1981 c.775 �6; 1981 c.781 �2; 1981 c.897 �32; 1983 c.728 �4; 1987 c.331 �2; 1991 c.724 �21; 1995 c.666 �16; 1997 c.18 �1; 2003 c.576 �124; 2025 c.256 �5]

����� 107.449 Transfer of proceeding under ORS 107.135 to additional court. (1) Upon motion of a party to a proceeding under ORS 107.135 (1) that is not otherwise covered under the provisions of ORS 25.100 (1), based upon convenience of the parties, the court that entered the original judgment may enter an order designating an additional court located where either party resides for the purpose of hearing the matter.

����� (2) Upon entry of an order designating an additional court under this section:

����� (a) The clerk of the court in which the original order or judgment was entered shall notify the additional court of the order designating the additional court.

����� (b) The additional court has jurisdiction the same as if it were the court that made and entered the original order or judgment.

����� (3) The only courts that have jurisdiction to modify any provision of the original order or judgment are:

����� (a) The court having original jurisdiction of the cause in which the order or judgment was entered; and

����� (b) An additional court designated under this section.

����� (4) When an additional court enters an order or judgment under this section, the clerk of the additional court shall forward the order or judgment to the clerk of the court in which the original order or judgment was entered. The clerk of the court in which the original order or judgment was entered shall file the additional court�s order or judgment in the original court file. [1993 c.548 �1; 2003 c.576 �125; 2017 c.252 �7; 2025 c.256 �16]

����� 107.450 [1963 c.434 �13; 1965 c.386 �2; repealed by 1971 c.280 �28]

����� 107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:

����� (a) Existed at the time of the entry of the judgment; and

����� (b) Were not discovered until after the entry of the judgment.

����� (2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

����� (3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

����� (a) The division of the appreciated value of the omitted assets;

����� (b) The forfeiture of the omitted assets to the injured party;

����� (c) A compensatory judgment in favor of the injured party;

����� (d) A judgment in favor of the injured party as punitive damages; or

����� (e) Any other distribution as may be just and proper in all the circumstances.

����� (4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.

����� (5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

����� (b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.

����� (6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court�s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 �6]

SEPARATION

����� 107.455 Effect of separation statutes or judgments on subsequent dissolution proceedings. The provisions of law pertaining to separation are not intended to and shall not repeal or affect any existing law pertaining to the granting of a judgment of dissolution of marriage. The entry of a judgment of separation under ORS 107.475 shall not be a bar to a suit for dissolution by either party. A decree or judgment of dissolution of marriage granted by a court of this or any other state upon constructive service of summons does not affect an award of support or maintenance in a judgment of separation made pursuant to ORS 107.095 or 107.105. [Formerly