Legal Question in Family Law in Oregon

Re: family law

With regard to your visitation right with the child, your ex-wife�s only legal obligation is to not willfully and intentionally interfere or obstruct the visitation. Beyond that, at least as to teenage children, she has no obligation or duty to affirmatively do anything else. In essence, it is a matter between you and your son. And she is not engaging in custodial interference by simply being passive about the entire matter.

Under Oregon law, your impression that a child under 18 does not have the right to NOT visit a parent simply because they don't want to follow the rules is incorrect. It isn�t so much a matter of a �right� to do it; rather, the question is simply CAN he do it, regardless of whether it is a right (or a wrong). And it is rather obvious in your case that he is (or will be) doing it.

I understand that you think that there should be a united front by both parents to make sure they both have that valuable time to bond with the child. But as the law now stands, that is not what the law requires. Also, your son is now almost 16 years old. If you and he have not yet bonded with one another, forced visitations at this point will not provide a means for advancing to that goal.

Further, I understand you belief that a child should not be granted this kind of power to make these decisions. But in this case the child is exercising such power. So what is it that you would want a judge to do? Hold your son in contempt and put him in jail until he consents to visit with you? (Keep in mind that your son is not a party to mom and dad�s divorce, and the judge has no court has the judge has no authority to render orders compelling the child do so anything, much less involuntarily visit with a noncustodial parent.)

So, legally speaking, your son, obviously and practically, can make (and is making) this choice and, so long as your ex-wife is not affirmatively blocking your path, she is not interfering with your visitation, and this is true even if, as a practical matter, she has turned your son against me.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]