Tillamook Supp. L. R. 19 app V
(1) PARENTS CAN AGREE TO A DIFFERENT PLAN
The parties can arrange any parenting time plan they desire or may vary portions of this plan but only if both parents agree. If the parents do not agree to a different plan, the non-residential parent will have parenting time set forth in this plan unless otherwise ordered by the court. The parents are encouraged to be flexible and work together to agree to changes to this plan as their children get older of family circumstances change. Agreed upon changes will be temporary and will not be enforced by the court unless the change is written down, dated, signed by both parents under penalty of perjury or made under oath or affirmation, and submitted to the court to make the stipulation a part of the court's file.
(2) DEFINITIONS
(a) Weekends: A weekend is defined as commencing with the release of the children from school or 3:00 p.m. if school is not in session on Friday and ending at 6:00 p.m. on the following Sunday. The first weekend of the month is defined as the first weekend that has both a Saturday and a Sunday within the same calendar month. The fifth weekend will be the fifth weekend of any calendar month in which both Saturday and Sunday fall within the same calendar month. The fifth weekend occurs two (2) to four (4) times per year.
(b) Vacation and Holiday Periods: These are the dates set by the school the child attends or by the public school district in which the child resides if the child is not attending school or is home-schooled.
(c) Conflicts: If routine parenting time conflicts with holiday and vacation parenting time, then the parent entitled to holiday and vacation time will have the child(ren). Holiday and vacation parenting time will not work to change the routine schedule nor will it "restart" the routine parenting time schedule.
(3) ROUTINE SCHEDULE
This schedule is to be utilized so long as the non-residential parent lives within 175 miles of the children.
The non-residential parent will have parenting time with the child(ren) as follows:
(a) Children age birth to 6 months. Three times per week for two hours each as follows: Saturday 1:00 p.m. - 3:00 p.m.; Tuesday and Thursday 5:30 p.m. - 7:30p.m.
(b) Children age 6 months to 18 months. Two times per week for three hours as follows:
Tuesday and Thursday from 5:30 p.m. - 8:30 p.m.; and on the 1st, 3rd, and 5th Saturdays from 9:00 a.m. 3:00 p.m.
(c) Children age 18 months to 36 months. Two times per week for three hours as follows: Tuesday and Thursday from 5:30 p.m. - 8:30 p.m.; and on the 1st, 3rd, and 5th weekends from 6:00 p.m. Friday until 6:00 p.m. Saturday.
(d) Children over age 36 months. If the parties reside within the same school district and the non-residential parent can transport the child(ren), then the 1st, 3rd, and 5th weekends commencing on Friday at the children's release from school or 3:00 p.m. if school is not in session and ending at 6:00 p.m. on Sunday and every Wednesday from 5:30 p.m. to 8:30 p.m. in the event a school closure day is attached to the non-residential parent's parenting time, then the non-residential parent will have the child(ren) for the additional day.
(e) All times not awarded to the non-residential parent shall be the residential parents' parenting time.
(4) HOLIDAY AND VACATION PLANNING
(a) Holiday and Vacation Schedule:
Whether or not the child(ren) is/are enrolled in school, the child(ren) will spend time with his/her/their parents on holidays according to the following plan:
Holiday | Non-Residential Parent | Residential Parent |
Spring Break | Odd Years | Even Years |
Easter | Even Years | Odd Years |
Memorial Day Weekend | Every Year | |
Summer Vacation | (Split between parents: see following rules) | |
4th of July | Even Years | Odd Years |
Labor Day Weekend | Every Year | |
Halloween | Odd Years | Even Years |
Thanksgiving | Odd Years | Even Years |
Winter Vacation | (Split between parents: see following rules) | |
Mother's Day | Mother - Every Year | |
Father's Day | Father - Every Year | |
For the purposes of this Parenting Plan, a holiday will begin and end as set forth below:
(b) Non-School/In-Service Days: Martin Luther King Jr. Day and Presidents' Day
In addition to weekend parenting time, if the child(ren) has/have a day out of school on either or both the Monday following and/or the Friday preceding the non-residential parent's weekend parenting time, the non-residential parent shall also have the parenting time with the child(ren) on said extra day(s) commencing either twenty-four (24) hours before and/or ending twenty-four (24) hours after the scheduled parenting time, including Martin Luther King Jr. holiday and Presidents' Day.
(c) Winter Vacation
(1) Children age birth to 18 months. The non-residential parent will have the child(ren) on December 25th from 9:00 a.m. until 6:00 p.m. in even numbered years and on December 24th from 9:00 a.m. until 6:00 p.m. in odd numbered years.
(2) Children age 18 months to 36 months. The non-residential parent will have the child(ren) from 6:00 p.m. on December 24th until 6:00 p.m. December 25th in even numbered years and from 6:00 p.m. on December 25th until 6:00 p.m. December 26th in odd numbered years.
(3) Children over the age of 36 months. Whether or not the child(ren) is/are in school during the period of school winter vacation in the district in which they reside, parenting time for the non-residential parent will be from 9:00 a.m. the day after school adjourns through noon on December 26th in even numbered years. In odd numbered years, the non-residential parent will have the child(ren) from noon on December 26th until noon the day before school reconvenes.
(d) Thanksgiving
(1) Children age birth to 6 months. No change from ROUTINE SCHEDULE.
(2) Children age 6 months to 36 months . The non-residential parent or residential parent will have the child(ren) from 9:00 a.m. until 6:00 p.m. on Thanksgiving Day according to the odd/even years designation in Section 4(a).
(3) Children over age 36 months. The non-residential or residential parent will have the child(ren) from Wednesday evening prior to Thanksgiving Day at 6:00 p.m. until the following Sunday at 6:00 p.m. according to the odd/even designation.
(e) Easter
(1) Children age birth to 6 months. The non-residential parent will have the child(ren) from 1:00 p.m. to 3:00 p.m. in even numbered years.
(2) Children age 6 months to 36 months . The non-residential or residential parent will have the child(ren) on Easter Sunday from 9:00 a.m. until 6:00 p.m. according to the odd/even years designation.
(3) Children over the age of 36 months . The non-residential or residential parent will have the child(ren) from the Saturday preceding Easter Sunday at 5:00 p.m. until Easter Sunday at 7:00 p.m. according to the odd/even years designation.
(f) Memorial Day and Labor Day
(1) Children birth to 6 months. No change from ROUTINE SCHEDULE.
(2) Children age 6 months to 36 months . The non-residential or residential parent will have the child(ren) from the day of the holiday from 9:00 a.m. until 6:00 p.m. according to the odd/even years designation.
Children over the age of 36 months. The non-residential or residential parent will have the child(ren) from the Friday preceding the holiday at 6:00 p.m. until 6:00 p.m. Monday according to the odd/even years designation. The residential parent will have the child(ren) every Labor Day weekend from Friday at 6:00 p.m. until Monday 6:00 p.m. The non-residential parent will have the child(ren) every Memorial Day weekend from Friday at 6:00 p.m. until Monday at 6:00 p.m.
(g) Fourth of July
(1) Children age birth to 6 months. No change from ROUTINE SCHEDULE.
(2) Children age 6 months to 36 months . The non-residential parent or residential parent will have the child(ren) on July 4th from 9:00 a.m. until 6:00 p.m. in even numbered years.
(3) Children over age 36 months. The non-residential parent or residential parent will have the child(ren) from noon on July 4th until noon on July 5th according to the odd/even years designation.
(4) July 4th parenting holiday will supersede summer vacation in the event there is a conflict.
(h) Halloween
(1) Children age birth to 6 months. No change from ROUTINE SCHEDULE.
(2) Children age 6 months to 36 months . The non-residential parent or residential parent will have the child(ren) from 4:00 p.m. until 8:00 p.m. on Halloween according to the odd/even years designation.
(3) Children over the age of 36 months . The non-residential parent or the residential parent will have the child(ren) from 4:00 p.m. until 9:00 p.m. according to the odd/even years designation.
(i) Child(ren)'s Birthday
(1) The child's birthday shall be celebrated by the parent who has the child in accordance with these rules. However, the other parent is encouraged to celebrate the child's birthday during that parent's scheduled parenting time with the child.
(j) Spring Break
(1) Children age birth to 36 months. No change from ROUTINE SCHEDULE.
(2) Children over age 36 months. The non-residential parent or residential parent will have the child(ren) from 9:00 a.m. on the day after school adjourns until 6:00 p.m. on the last Saturday of spring vacation according to the odd/even years designation.
(k) Mother's Day and Father's Day
(1) Children age birth to 6 months. No change from ROUTINE SCHEDULE.
(2) Children age 6 months to 36 months . The Mother will have the child(ren) on Mother's Day from 9:00 a.m. until 6:00 p.m. The Father will have the child(ren) on Father's Day from 9:00 a.m. until 6:00 p.m.
(1) Children over age 36 months. The Mother will have the child(ren) on Mother's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. The Father will have the child(ren) on Father's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday.
(l) Summer Vacation
(1) Children age birth to 36 months prior to June 1. No change from ROUTINE SCHEDULE.
(2) Children age 36 months to 6 years prior to June 1. The non-residential parent will have the child(ren) for three (3) one-week blocks, scheduled to include the non-residential parent's 1st, 3rd and 5th weekend. The non-residential parent shall designate these one-week blocks by May 1st of each year by giving the residential parent written notice of such dates. If the non-residential parent fails to give that written notice before May 1st, he or she is still entitled to exercise their summer parenting time, but the residential parent can then choose the dates in conformance with paragraphs 1 - 3 herein. The residential parent, in choosing the dates, shall schedule the non-residential parent's summer parenting time so as to allow one week in June, one in July and one in August of each summer. There must be at least two weeks between each of the one-week blocks. The 1st, 3rd, and 5th weekends of parenting time continues throughout the summer.
(3) Children over age 6 prior to June 1. The parties shall alternate parenting time every two weeks throughout the summer, beginning the first Sunday after school lets out for the summer vacation. The exchange time shall be Sunday at 6:00 p.m. The non-residential parent shall have the first two weeks of summer vacation from school each year, with parties rotating every two weeks thereafter until Labor Day weekend.
The routine weekend and Wednesday evening parenting time shall be suspended during the summer vacation from school.
(j) Public Health Closures/Emergency Closures: The closure of school for public health concerns or for emergency closure is not considered an extension of any break/vacation/holiday period or weekend. A public health closure r emergency is not a reason to deny parenting time or to extend parenting time in progress.
(5) PARENTING TIME ARRANGMENTS
(a) Scheduling Accommodations
Parents are encouraged to be flexible with changes in parenting time to accommodate unforeseen events, the child(ren)'s schedule and the parents work schedules.
(b) Scheduling
In the event either parent chooses to not exercise their allotted parenting time, that parent shall make a good faith attempt to notify the other parent of this choice. While this schedule promotes stability for the child(ren), each parent shall acknowledge that reasonable adjustments will be needed from time to time and that an element of flexibility will be required in administering this parenting schedule. In the event a parent will be late for any scheduled pick-up or return of the child(ren), they will make a good faith attempt to telephone or otherwise contact the other parent. Parents should make scheduling arrangements between themselves or through other adults. Children should not be used as messengers.
(c) Transportation
All parenting time periods must be exercised in a prompt manner so that both parties can make their plans accordingly. The non-residential parent shall pick-up the child(ren) from the front steps of the residential parent's residence no earlier than fifteen (15) minutes and not later than thirty (30) minutes after the parenting time period commences. The residential parent shall pick-up the child(ren) from the front steps of the non-residential parent's residence no earlier than fifteen (15) minutes before and no later than thirty (30) minutes after the parenting period ends. In the event that a party cannot transport the child(ren), a third party may be allowed to provide transportation for the child(ren), so long as that third party has a valid driver's license, have required insurance, have car seats as appropriate and not have consumed alcohol within three hours of driving the child(ren).
(d) Meals and Clothes
The non-residential parent is encouraged to maintain adequate clothing for the child(ren) during the parenting time. Each parent must return all the clothing, electronics, toys, and schoolwork that accompanied the child(ren) at the end of the parenting time.
(e) Medications
If the child(ren) has/have been prescribed medication(s) that is/are to be administered during the parenting time, the residential parent should provide the medication(s) to the non-residential parent along with any instructions regarding the medication(s). The non-residential parent shall administer the medication(s) according to the prescription and return any unused medication(s) to the residential parent at the time the child(ren) is/are returned to the residential parent.
(f) Day-to-Day Decisions
Unless otherwise ordered or restricted by the court, parents are considered fit to care for their Child(ren) and make decisions regarding day-today aspects of parenting while the child(ren) are in their care.
(g) Making up Missed Parenting Time
1) Only substantial medical reasons of the child(ren) will be considered sufficient for postponement of parenting time. If the child(ren) is/are so ill that parenting time is cancelled, make-up parenting time will occur on the following weekend, unless the parties agree otherwise.
2) If the non-residential parent fails to exercise his/her scheduled parenting time, there will be no makeup time.
(h) Parenting Time is NOT the Child(ren)'s Decision
The child(ren) will not be permitted to determine whether they wish to visit with the non-residential parent. The residential parent and child(ren)'s personal plans, school activities, church activities, and other considerations are not reasons for failing to adhere to this parenting time schedule. Parents are, however, encouraged to be supportive of the child(ren)'s participation in all extra-curricular activities.
(i) When There are Children in Different Age Groups
If there are children who would have different parenting time schedules under this parenting plan because they are different ages, the non-residential parent will have parenting time with all children together under the schedule that applies to the oldest child, unless a child is six months of age or younger. In that case, the youngest child must go by the designated age-appropriate times.
(j) Communications
In addition to parenting time, both parents and the child(ren) have the right to communicate by telephone, in writing, e-mail, text messaging or webcam video chat sessions (if available) during reasonable hours without interference or monitoring by the other parent. Reasonable hours are 8:00 a.m. until 8:00 p.m. unless other arrangements are made. Telephone calls and webcam video chat sessions shall be no more than one per day and for no more than twenty (20) minutes. Parents with very young children shall facilitate the calls, messaging, and webcam video chat sessions.
(k) Contact at School
Unless otherwise ordered by the Court, both parents are encouraged to participate in the child(ren)'s school activities including visiting the classroom, attending parent-teacher conferences and sports activities. Each parent may have contact with the child(ren) at school provided that such contact does not interfere with the education of the child(ren).
(l) Affection and Respect
Both parents shall be restrained and enjoined from making derogatory comments about the other parent or in any way diminishing the love, respect and affection that the child(ren) has/have for the other parent, nor shall they allow others to do so in the presence of the child(ren).
(6) OTHER PARENTAL AUTHORITY (ORS 107.154)
The non-residential parent always has the right to:
(a) Inspect and receive school records and to consult with school staff concerning the child(ren)'s welfare and education, to the same extent as the residential parent may inspect and receive such records and consult with such staff;
(b) Inspect and receive governmental agency and law enforcement records concerning the child(ren) to the same extent as the residential parent may inspect and receive such records;
(c) Consult with any person who may provide care or treatment for the child(ren) and to inspect and receive the child(ren)'s medical, dental and psychological records, to the same extent as the residential parent may consult with such person(s) and inspect and receive such records;
(d) Authorize emergency medical, dental, psychological, psychiatric, or other health care for the child(ren) if the residential parent is, for practical purposes, unavailable; or,
(e) Apply to be the child(ren)'s conservator, guardian ad litem or both.
(7) PARENTAL NOTIFICATION (ORS 107.164)
Both parents have a continuing responsibility to provide their addresses and contact telephone numbers to the other parent and to immediately notify the other parent of any emergency circumstances or substantial changes in health of the child(ren). The residential parent shall also provide an address and contact number for the minor child(ren)'s school, physician, dentist and therapist.
(1) PARENTS RELOCATION (ORS 107.159)
Parents must provide each other and the Court with at least thirty (30) days prior notice of any planned residence relocation more than sixty (60) miles further distance from the other parent.
(2) FAILURE TO COMPLY WITH THIS PLAN
If a parent fails to comply with a provision of this plan, the other parent's obligation under the plan are not affected. The Tillamook County Circuit Court has information about the expedited parenting time enforcement procedure.
Tillamook Supp. L. R. 19 app V