Tillamook Supp. L. R. 19 app VI
(1) PARENTS CAN AGREE TO A DIFFERENT PLAN
This long-distance parenting plan is a plan designed for parenting time when the parents reside more than 175 miles from each other. Parents are encouraged to try to reach their own agreements on parenting time. If parents do not agree to a different plan, the non-residential parent shall have parenting time as set forth in this plan, at a minimum. The parties can agree, at any time, to modify this plan in writing. Both parents are encouraged to be flexible in parenting time arrangements for young children who are being breast-fed.
The parents are encouraged to be flexible and work together to agree to changes to the plan as their children get older or family circumstances change. Agreed upon changes will be temporary and will not be enforced by the court unless the change is written down, dated, and signed by both parents under penalty of perjury or made under oath or affirmation, and submitted to the court to make the stipulation part of the court's file.
(2) DEFINITIONS
(a) If routine parenting time conflicts with holiday and vacation parenting time, then the parent entitled to the holiday and vacation time will have the child(ren). Holiday and vacation parenting time will not change the routine schedule nor will it "restart" the routine parenting time schedule.
(b) Weekends: A weekend is defined as commencing with the release of the children from school or 3:00 p.m. if school is not I 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 Sunday within the same calendar month. The fifth weekend occurs when the fifth weekend with both Saturday and Sunday fall within the same calendar month. The fifth weekend occurs two (2) to four (4) times per year.
(c) Vacation and Holiday Periods: These are dates set by the school the child(ren) attend(s) or by the public school district in which the child(ren) reside(s) if the child(ren) is/are attending school or is/are home-schooled.
(3) ROUTINE SCHEDULE
The non-residential parent will have parenting time with the child(ren) as follows:
(a) Child(ren) age birth to 18 months prior to June 1 : Every Saturday from 5:00 p.m. until 7:00 p.m. and every Sunday from 10:00 a.m. until noon in the locale where the residential parent lives.
(b) Child(ren) age 18 months to 36 months prior to June 1 : 1st, 3rd, and 5th Saturdays and Sundays of each month from 10:00 a.m. until 6:00 p.m. in the locale where the residential parent resides.
(c) Child(ren) 36 months to 6 years of age prior to June 1 : 1st, 3rd, and 5th weekend of each month from 10:00 a.m. until 6:00 p.m. on Sunday.
(d) Child(ren) over 6 years of age prior to June 1 : The residential parent shall give the non-residential parent a copy of the child(ren)'s school calendar. The non-residential parent shall have the child(ren) for one weekend per month during the months of September through May of each year. Prior to September 1 of each year, the non-residential parent shall provide to the residential parent, in writing, which weekends during the months of September through May that the non-residential parent has chosen for his/her parenting time. The one weekend per month shall include up to two weekdays attached to the weekend so long as the child(ren) is/are not attending school on those days (such as holidays or school in-service days). The parenting time shall start with the release of the child(ren) from school or 3:00 p.m. if school is not in session on Friday or the first day the child(ren) is/are not in school. Child(ren) shall be returned to the residential parent's home no later than 6:00 p.m. on the day prior to a school day. In the event that the non-residential parent does not designate the desired weekends, the non-residential parent shall have the right of parenting time on the first weekend of each calendar month from September through May of each year with the release of the child(ren) from school or 3:00 p.m. if school is not in session on Friday until 6:00 p.m. on Sunday.
(e) School In-Service Days : In addition to weekend parenting time, if the child(ren) has/have a day out of school on either one or both the Monday following and/or the Friday preceding the parenting time weekend, 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.
(f) All times not awarded to the non-residential parent shall be the residential parent's parenting time.
(4) HOLIDAY AND VACATION PLANNING
(a) Summer Vacation
(1) Child(ren) age birth to 12 months prior to June 1 : For each of the months of June, July and August of every year, the non-residential parent shall have the child(ren) the 1st and 3rd weekend each month on Saturday and Sunday from 10:00 a.m. until 6:00 p.m. each day.
(2) Child(ren) age 12 months to 36 months prior to June 1 : For each of the months of June, July and August of each year, the non-residential parent shall have the child(ren) for the 1st, 3rd and 5th weekend of every month from Friday at 6:00 p.m. until Sunday at 6:00 p.m..
(3) Child(ren) age 36 months to 6 years prior to June 1 : Whether or not the child(ren) is/are in school, the non-residential parent shall have the child(ren) for three (3) consecutive nine-day blocks during the months of June, July and August. There must be at least two weeks between each of the parenting time blocks. The child(ren) must be returned to the residential parent at least one week before school recommences. The routine schedule is discontinued during June, July, and August each year. Prior to May 1 of each year, the non-residential parent shall select and notify, in writing, the residential parent as to which dates have been selected for the three (3) consecutive nine-dayblocks.
(4) Child(ren) over 6 years of age prior to June 1 : During the period of school summer vacation, the non-residential parent shall have the child(ren) for a period of forty-nine (49) days (seven weeks), which may be consecutive, starting not less than one week after school ends. In even years, the parenting time may include the July 4th holiday.
The residential parent shall have a two-day weekend with the child(ren) for the first weekend following nineteen (19) consecutive days of the non-residential parent's summer parenting time. The residential parent's weekend shall not count as part of the non-residential parent's forty-nine (49) days. If the residential parent chooses to have such a weekend with the child(ren), then the residential parent shall pay for all transportation costs incurred in transporting the child(ren) from the non-residential parent's home.
Prior to May 1 of each year, the non-residential parent shall select and notify the residential parent, in writing, the dates for the summer parenting time. By June 1, the residential parent will notify the non-residential parent, in writing, if the residential parent will exercise the mid-parenting time weekend.
(b) Thanksgiving
(1) Child(ren) age birth to 36 months : In odd numbered years, the non-residential parent shall have parenting time with the child(ren) on Thanksgiving Day from 9:00 a.m. until 6:00 p.m. in the locale where the residential parent resides; in even numbered years, the non-residential parent shall have parenting time with the child(ren) from 9:00 a.m. until 6:00 p.m. on the Friday and Saturday after Thanksgiving Day.
(2) Child(ren) over age 36 months : In odd numbered years, the residential parent shall have parenting time with the child(ren) from the Wednesday before Thanksgiving at 3:00 p.m. or release from school, whichever is earlier, until the Sunday following Thanksgiving at 6:00 p.m. In even numbered years, the non-residential parent shall have this parenting time with the child(ren).
(c) Spring Break
(1) Child(ren) age birth to 18 months : No change from ROUTINE SCHEDULE.
(2) Child(ren) age 18 months to 36 months : Each year, the non-residential parent shall have the child(ren) from Saturday at 9:00 a.m. until Tuesday at 9:00 a.m. during the week of Spring Break, according to the school district where the residential parent resides.
(3) Child(ren) over age 36 months : Whether or not the child(ren) is/are in school, in odd years, the non-residential parent shall have the child(ren) from 9:00 a.m. on the day after school adjourns until 6:00 p.m. the day before school resumes. In even years, the residential parent shall have the child(ren).
(d) Winter Break
(1) Child(ren) age birth to 18 months : In even numbered years, the non-residential parent shall have parenting time from 9:00 a.m. until 6:00 p.m. on December 25 in the locale where the residential parent resides. In odd numbered years, the non-residential parent shall have parenting time December 24 from 9:00 a.m. until 6:00 p.m. in the locale where the residential parent resides.
(2) Child(ren) age 18 months to 36 months : In even numbered years, the non-residential parent shall have parenting time from 9:00 a.m. until 6:00 p.m. on December 25 in the locale where the residential parent resides.
(3) Child(ren) age 36 months to 6 years of age : In even numbered years, the non-residential parent shall have parenting time from 9:00 a.m. December 26 until January 1 at 6:00 p.m. In odd numbered years, the non-residential parent shall have parenting time from 6:00 p.m. December 18 until December 26 at 9:00 a.m.
(4) Child(ren) over 6 years of age : In even numbered years, the non-residential parent shall have parenting time from the day after school adjourns at 9:00 a.m. until the day before school resumes at 6:00 p.m.
(e) Flex Time
In addition to the parenting time schedules set forth herein, the non-residential parent shall have parenting time with the child(ren) on a flexible basis conditioned upon at least three (3) days prior notice to the residential parent. This flex time shall not exceed twelve (12) days per year and shall not be taken during the other parent's vacation or holiday time, unless mutually agreed by both parents. The non-residential parent may have up to four (4) consecutive flex-time days at a time, consistent with the age-appropriate time spans found in section 3(a)-(d).
(5) 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 or emergency is not a reason to deny parenting time or to extend parenting time in progress.
(6) PARENTING TIME ARRANGEMENTS
(a) Scheduling Accommodation
Parents are encouraged to be flexible with changes in parenting time to accommodate unforeseen events, the children's schedules and the parents' work schedules. 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.
(b) Scheduling
In the event either parent chooses not to exercise their allotted parenting time, that parent shall make a good faith attempt to notify the other parent of this choice. 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
(1) Transportation by plane, train or bus : If the non-residential parent wants the child(ren) to travel by plane, train or bus, then the residential parent shall deliver and pick-up the child(ren) at the nearest local international airport, train station or bus station. A child younger than ten years shall not travel long distances unless accompanied by a parent or mutually agreed-upon suitable adult. The cost of the public transportation for the child(ren) and adult accompaniment shall be split equally between the parties.
(2) Each parent shall share equally in the cost of the child(ren)'s public transportation costs for the parenting time.
(3) Transportation by car : The non-residential parent must pick-up the child(ren) from the front steps of the residential parent's residence no earlier than fifteen (15) minutes and no later than thirty (30) minutes after the parenting time period commences. The residential parent shall pick-up the child(ren) from the non-residential parent's residence no earlier than fifteen (15) minutes before and no later than thirty (30) minutes after the parenting time period ends. There shall be no cost reimbursement for vehicle travel. The parents are encouraged to meet one-halfway between the party's residences to exchange the child(ren) for parenting time.
(4) Parents can make any other arrangements by mutual agreement.
(d) Meals and Clothes
The non-residential parent is encouraged to maintain adequate clothes for the child(ren) during their 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) Medication(s)
If the child(ren) has/have been prescribed medication(s) that is/are to be administered during the parenting time, the residential parent shall provide the medication(s) to the non-residential parent along with any instructions regarding the medication(s). The non-residential parent shall return any unused medication(s) to the residential parent at the end of the parenting time.
(f) Parenting Time is Not the Child(ren)'s Decision
The child(ren) shall 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.
(g) 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 (6) months of age or younger. In that case, the youngest child must go by the designated age-appropriate times.
(h) Make-up of Missed Parenting Time
(1) Only substantial medical reasons of the child(ren) will be considered sufficient for postponement of scheduled parenting time. If the child(ren) is/are seriously ill and unable to visit with the non-residential parent, a make-up parenting time must be scheduled within twenty (20) days.
(2) If the non-residential parent is unable to exercise his/her parenting time for any reason, he/she is not entitled to any make-up time unless mutually agreed by both parents.
(a) 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 the day-to-day aspects of parenting while the child(ren) are in their care.
(i) Communication
In addition to parenting time, both parents and the child(ren) have the right to communicate by telephone, in writing, email, text message or by webcam video chat session (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.
(7) PARENT - CHILD COMMUNICATION
Both parents have the right to written, e-mail and telephone contact with the child(ren) without interference or monitoring during reasonable hours. Reasonable hours are 9:00 a.m. to 8:00 p.m. in the child(ren)'s time zone, unless other arrangements are made. Telephone calls shall be no more than one per day.
(8) 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).
(9) PARENTAL NOTIFICATION (ORS 107.164)
Both parents have a continuing responsibility to promptly 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 the health of the child(ren). The residential parent shall also provide an address and contact number for the minor child(ren)'s school, physician and therapist.
(10 ) PARENT'S RELOCATION
Parents must provide each other and the Court with written notice at least thirty (30) days prior to any change of residence.
(11) FAILURE TO COMPLY WITH THIS PLAN
If a parent fails to comply with a provision of this plan, the other parent's obligations 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 VI