Oklahoma § 43-111.3 - Duty to facilitate visitation - Interference with

§ 43-111.3. Duty to facilitate visitation - Interference with

visitation rights of noncustodial parent - Motion for enforcement.

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.

Oklahoma Statutes - Title 43. Marriage and Family

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:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Oklahoma Statutes - Title 43. Marriage and Family

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.