A. Any order of the court providing for visitation shall contain a provision stating that the custodial parent has a duty to facilitate visitation of a minor child with the noncustodial parent.
B. When a noncustodial parent has been granted visitation rights and those rights are denied or otherwise interfered with by the custodial parent, in addition to the remedy provided in subsection B of Section 111.1 of this title, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately set a hearing on the motion, which shall be not more than twenty-one (21) days after the filing of the motion.
C. Notice of a hearing pursuant to subsection A of this section shall be given to all interested parties by certified mail, return receipt requested, or as ordered by the court.
D. If the court finds that visitation rights of the noncustodial parent have been unreasonably denied or otherwise interfered with by the custodial parent, the court shall enter an order providing for one or more of the following:
1. A specific visitation schedule;
2. Compensating visitation time for the visitation denied or otherwise interfered with, which time shall be of the same type (e.g. holiday, weekday, weekend, summer) as the visitation denied or otherwise interfered with, and shall be at the convenience of the noncustodial parent;
3. Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights;
4. Attendance of one or both parents at counseling or educational sessions which focus on the impact of visitation disputes on children;
5. Supervised visitation; or
6. Any other remedy the court considers appropriate, which may include an order which modifies a prior order granting child custody.
E. The prevailing party shall be granted reasonable attorney fees, mediation costs, and court costs.
F. Final disposition of a motion filed pursuant to this section shall take place no later than forty-five (45) days after filing of the motion.
G. The Office of the Court Administrator shall maintain on the OSCN system the form required by subsection A of this section to be used for a motion to enforce visitation rights which shall be in substantially the following form:
IN THE DISTRICT COURT OF _______________________ COUNTY
STATE OF OKLAHOMA
_______________, Petitioner/Plaintiff,
v.
_______________, Respondent/Defendant.
Case No. _______________
Assigned Judge ___________________________
MOTION FOR ENFORCEMENT OF NON-CUSTODIAL PARENT VISITATION RIGHTS
The undersigned Non-Custodial Parent in the above case moves the Court, pursuant to the provisions of Section 111.3 of Title 43 of the Oklahoma Statutes, to enforce visitation rights which have been unreasonably denied or interfered with by the Custodial Parent.
The Name(s) and Age(s) of the Child(ren) to which my visitation rights have been unreasonably denied are:
__________________________________
Date of Birth: _____________________________
__________________________________
Date of Birth: _____________________________
__________________________________
Date of Birth: _____________________________
The approximate date of my last visit with the Child(ren) was:
___________________________________________________________________.
Within the past 12 months, I have visited with the Child(ren) approximately _________ of times of visitation times.
Within the past 12 months, I have been denied requested visitation approximately _________ of times of denied visitation times.
On the attached page, I have stated THE SPECIFIC DETAILS as to how and when my visitation with the Child(ren) was denied.
Signed under penalties of perjury this ________ day of ________________________, 20______.
My Signature: ________________________________________
My Full Name: ___________________________________________________________________
My Mailing Address: ___________________________________________________________________
My Telephone Numbers: ____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Subscribed and sworn to before me this _____ day of __________, 20__.
____________________________
Notary Public (or Clerk or Judge)
My Commission Expires:
______________________
ORDER
The people of the State of Oklahoma, to the within-named defendant:
You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim.
This matter shall be heard at ____________________ (name or address of building), in _______________, County of _______________, State of Oklahoma, at the hour of _____ o'clock of the _____ day of __________, 20__. And you are further notified that in case you do not so appear judgment will be given against you as follows:
For the enforcement or modification of custody as requested by the movant.
And, in addition, for costs of the action (including attorney fees where provided by law), including costs of service of the order.
Dated this _____ day of __________, 20__.
________________________________________
Clerk of the Court (or Judge)
A copy of this order must be mailed by certified mail, return receipt requested to the non-moving party and return of service brought to the hearing.
Added by Laws 1998, c. 407, § 42, eff. Nov. 1, 1998. Amended by Laws 2014, c. 411, § 1, eff. Nov. 1, 2014.
Structure Oklahoma Statutes
§43-3.1. Recognition of marriage between persons of same gender prohibited.
§43-5. Application - Fees - Issuance of license and certificate.
§43-5.1. Premarital counseling.
§43-7. Solemnization of marriages.
§43-8. Endorsement and return of license.
§43-9. Records - Return of original.
§43-10. Evidence before issue of license.
§43-11. Copy of record - Admission as evidence.
§43-14. Penalty for performing unlawful marriage.
§43-15. Miscellaneous offenses - Penalties.
§43-16. Soliciting in or near court house or grounds prohibited.
§43-17. Punishment for violations.
§43-18. Injunction against violations.
§43-102. Residence of plaintiff or defendant.
§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.
§43-104. Personal jurisdiction in certain divorce actions.
§43-104.1. District court referees.
§43-105. Petition and summons.
§43-107.2. Actions where minor child involved - Court-ordered educational program.
§43-107.4. Motion for an emergency custody hearing.
§43-108. Parties in equal wrong - Custody of children - Disposition of property.
§43-109.1. Custody during parents' separation.
§43-109.2. Paternity determination.
§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.
§43-109.4. Grandparental visitation rights.
§43-109.5. Voluntary relinquishment of physical custody –Presumption.
§43-110. Automatic temporary injunction – Temporary orders.
§43-110.1. Shared parenting - Policy.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.
§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
§43-111.2. Civil action for child stealing.
§43-112. Care and custody of children.
§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.
§43-112.2A. Parent's right to change child's residence.
§43-112.3. Notice of proposed relocation or change of residence.
§43-112.4. No duty to maintain stepchildren.
§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.
§43-112.7. Modification of custody - Military deployment.
§43-112A. Central case registry on IV─-D cases and child support orders.
§43-113. Preference of child – Record of interview.
§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.
§43-115. Order for child support or modification of order - Provision for income assignment.
§43-116. Security, bond or other guarantee for child support.
§43-117. Modification, suspension or termination of order for income assignment.
§43-118. Child support guidelines.
§43-118.1. Review of child support orders - Disclosure of financial status.
§43-118.2. Employer sponsored health care coverage.
§43-118.3. Request for wage and tax information.
§43-118.4. Assignment or transfer of child support benefits – Attorney fees.
§43-118C. Deductions from gross income for qualified other children.
§43-118E. Parenting time adjustment - Reduction in child support obligation.
§43-118F. Medical support order for health care coverage.
§43-118G. Actual annualized child care expenses.
§43-118H. Deviation from guidelines child support amount.
§43-118I. Modification of child support orders.
§43-119. Computation of child support obligations.
§43-120.4. Report of decision.
§43-120.5. Fees - Appointment.
§43-120.7. Court expert - Procedures.
§43-121. Restoration of maiden or former name - Alimony - Division of property.
§43-123. Remarriage and cohabitation - Appeal from judgment.
§43-125. Validation of decrees annulling marriage or granting divorce.
§43-126. Remarriage within six months as ground for annulment.
§43-127. Time when judgments in divorce actions become final - Effect of appeal.
§43-128. Avoidance of marriage of incompetents.
§43-129. Alimony without divorce.
§43-131. Residency in divorce cases.
§43-133. Setting aside of divorce decrees upon petition of parties.
§43-135. Lien for arrearage in child support payments.
§43-139. Legal right to child support.
§43-140. Problem-solving court program - Participation by obligors of state child support plan.
§43-150. Deployed Parents Custody and Visitation Act.
§43-150.2. Custodial responsibility – Jurisdiction - Residency.
§43-150.3. Deployed parent - Exercise of visiting rights by third party.
§43-150.4. Deployment orders - Copy to nondeploying parent.
§43-150.6. Temporary custody orders - Deploying parent privilege.
§43-150.7. Permissible court orders.
§43-150.8. Court-ordered visitation - Appearance at hearing - Rebuttable presumptions.
§43-150.9. Notification of completion of deployment.
§43-150.10. Bad faith - Penalties.
§43-205. Relations cannot be altered by contract - Separation agreements.
§43-206. Mutual consent as consideration for separation agreement.
§43-207. Manner of holding property - Inventory of separate property.
§43-208. Liability for acts and debts of spouse - Curtesy and dower abolished.
§43-209.1. Joint and several liability of husband and wife.
§43-209.2. Parent's liability for value of child's necessaries.
§43-210. Liability on abandonment or separation by agreement.
§43-211. Management, sale or encumbrance of property of one by the other, when.
§43-212. Contracts binding on both - Liability for acts - Suits and proceedings.
§43-213. Order set aside, when.
§43-214. Rights of married women.
§43-413. Payment of support through registry.
§43-421. Authorization of public or private agencies to provide registry - Maximum fee.
§43-423. Court order for participation in registry program.
§43-424. Forms for petition and court order - Modification of visitation rights.
§43-425. Court to hear applications for participation in registry within certain time.
§43-551-103. Proceedings governed by other law.
§43-551-104. Application to Indian tribes.
§43-551-105. International application of act.
§43-551-106. Effect of child custody determination.
§43-551-108. Notice to persons outside state.
§43-551-109. Appearance and limited immunity.
§43-551-110. Communication between courts.
§43-551-111. Taking testimony in another state.
§43-551-112. Cooperation between courts; preservation of records.
§43-551-201. Initial child custody jurisdiction.
§43-551-202. Exclusive, continuing jurisdiction.
§43-551-203. Jurisdiction to modify determination.
§43-551-204. Temporary emergency jurisdiction.
§43-551-205. Notice; opportunity to be heard; joinder.
§43-551-206. Simultaneous proceedings.
§43-551-207. Inconvenient forum.
§43-551-208. Jurisdiction declined by reason of conduct.
§43-551-209. Information to be submitted to court.
§43-551-210. Appearance of parties and child.
§43-551-302. Enforcement under Hague Convention.
§43-551-304. Temporary visitation.
§43-551-305. Registration of child custody determination.
§43-551-306. Enforcement of registered determination.
§43-551-307. Simultaneous proceedings.
§43-551-308. Expedited enforcement of child custody determination.
§43-551-309. Service of petition and order.
§43-551-310. Hearing and order.
§43-551-311. Warrant to take physical custody of child.
§43-551-312. Costs, fees, and expenses.
§43-551-313. Recognition and enforcement.
§43-551-315. Role of district attorney.
§43-551-316. Role of law enforcement.
§43-551-317. Costs and expenses.
§43-551-401. Application and construction.
§43-551-402. Transitional provision.
§43-601-101. Short title - Uniform Interstate Family Support Act.
§43-601-103. Tribunals and support enforcement agency.
§43-601-104. Remedies cumulative.
§43-601-105. Application to support proceedings.
§43-601-201. Bases for jurisdiction over nonresident
§43-601-202. Duration of jurisdiction.
§43-601-203. Initiating and responding tribunal of this state.
§43-601-204. Simultaneous proceedings in another state or foreign country
§43-601-205. Continuing, exclusive jurisdiction - Controlling order
§43-601-206. Request for enforcement of order by tribunal of other state
§43-601-207. Determination of controlling order.
§43-601-208. Child support orders for two or more obligees.
§43-601-209. Credit for payments
§43-601-210. Receipt of evidence from outside the state - Applicable law
§43-601-301. Proceedings under this act.
§43-601-302. Action by minor parent.
§43-601-303. Application of law of this state.
§43-601-304. Duties of initiating tribunal
§43-601-305. Duties and powers of responding tribunal.
§43-601-306. Inappropriate tribunal.
§43-601-307. Duties of support enforcement agency
§43-601-308. Powers of Attorney General.
§43-601-310. Duties of state information agency.
§43-601-311. Petition - Contents and accompanying documents
§43-601-312. Sealing of information.
§43-601-314. Limited immunity of petitioner
§43-601-315. Nonparentage as defense.
§43-601-316. Special rules of evidence and procedure
§43-601-317. Communications between tribunals
§43-601-318. Assistance with discovery.
§43-601-401. Petition to establish support order.
§43-601-402. Responding tribunal.
§43-601-501. Recognition of income-withholding order issued in another state.
§43-601-502. Employer obligations.
§43-601-503. Two or more income-withholding orders.
§43-601-504. Employer's civil liability limited.
§43-601-505. Willful noncompliance
§43-601-506. Contest of order.
§43-601-507. Administrative enforcement of orders.
§43-601-601. Registration of order for enforcement.
§43-601-602. Procedure to register order for enforcement
§43-601-603. Effect of registration for enforcement.
§43-601-604. Law, procedures and remedies to be applied
§43-601-605. Notice of registration of order
§43-601-606. Procedure to contest validity or enforcement of registered order
§43-601-607. Contest of registration or enforcement
§43-601-609. Procedure to register child support order of another state for modification.
§43-601-610. Effect of registration for modification.
§43-601-611. Modification of child support order of another state
§43-601-612. Recognition of order modified in another state.
§43-601-613. Jurisdiction - Applicability of provisions
§43-601-614. Filing of modified child support order.
§43-601-616. Registration of foreign child support orders - Petition for modification.
§43-601-702. Application of article.
§43-601-703. Department of Human Services as designated agency.
§43-601-704. Duties of Department of Human Services
§43-601-706. Registration of support order.
§43-601-707. Contest of a registered convention support order.
§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions
§43-601-709. Severability of convention support orders.
§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.
§43-601-712. Permissible uses of personal information.
§43-601-713. English translation.
§43-601-801. Grounds for rendition.
§43-601-802. Condition of rendition.
§43-601-901. Uniformity of application and construction.