Parenting Time in your Family Abuse Prevention Act Restraining Order
Authored By: Legal Aid Services of Oregon and Oregon Law Center
What is a parenting time order?
If you are applying for a Family Abuse Prevention Act (FAPA) restraining order against the other parent of your children, you can ask for temporary custody of your children as part of that order. If the judge awards you temporary custody, the other parent will usually get reasonable parenting time (visitation), unless the judge believes it is not in the best interests of the children.
When you fill out your FAPA petition, you can set out the parenting time schedule that you think is appropriate for your children. Make sure to let the judge know of any safety concerns you have for yourself or your children regarding parenting time. If the judge grants your FAPA order at the ex parte hearing, the judge will usually order the parenting time you have requested. The parenting time may be changed at a later date, if the respondent requests a hearing.
You must comply with the parenting time ordered by the court. You should not withhold parenting time from the other party. If you do, the Respondent may file an action to enforce the parenting time or to hold you in contempt of court.