Anyone know what Oregon statutes or case law stress the need for a complete and fully mediated parenting plan? For context, the other side is claiming the mediation was done completely, but that’s not true. Mediation wasn’t finished, and now there’s an interim order. I’ve done everything I can think of to handle this, except motion for sanctions. I’m working on a motion to postpone and ask for the completion of mediation regarding the parenting plan. Any advice or pointers?
In Oregon, they really emphasize mediation when it comes to parenting plans. There’s ORS 107.102 which requires a detailed plan for custody, ensuring it’s in the child’s best interest. They also have ORS 107.755-107.795 which guide mediation, saying if mediation isn’t fully done, the court can order more sessions. This could help with your motion!
@Florian
Yeah, I’d say if mediation wasn’t completed, the court might make you go back. ORS 107.765(4) specifically lets the court order more mediation if things aren’t settled. Good luck with the motion!
If I remember correctly, case law like Lamonts v. Lamonts and Carothers v. Carothers talk about the importance of completing a plan for the best interest of the child. If the plan isn’t clear or fully done, that could cause problems down the road.
@Gentry
I’ve been struggling to find those cases! Did you get any luck with Lamonts? I keep running into the wrong year and cases on Google lol.
@Gentry
Yeah, Lamonts is tricky! It’s actually 2003, not 2001. Try Casetext for that one—it should come up right. And Carothers is more about child custody disputes and life insurance stuff, but it ties into how the law views stability for kids.
The best interest of the child always comes up in Oregon law. ORS 107.137 mentions factors that courts weigh in custody cases, and a fully mediated plan can make a big difference in avoiding conflict. Definitely make sure to include that in your motion!
@Finlo
Yeah, I agree. A well-thought-out parenting plan shows the court you’re committed to reducing conflict and prioritizing the kid’s well-being. So definitely lean on that in your motion.
It might also help to mention that mediation can help clarify things and avoid vague interim orders that could create more confusion or instability for the child later on.
Alden said:
It might also help to mention that mediation can help clarify things and avoid vague interim orders that could create more confusion or instability for the child later on.
Good point. Especially if the other side is arguing that mediation was completed—it sounds like you need to push for clarity and make sure everything is properly addressed.
When you file your motion, make sure you focus on how the incomplete mediation doesn’t meet Oregon’s standards for the child’s stability. That could strengthen your case for postponing and getting more mediation.
@Eleanor
Exactly. The key is showing that stability is the goal and incomplete mediation isn’t in the best interest of the child. Hopefully, the court sees it that way!