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Ex-hausted looking! Where do you find legal definitions?

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AutumnCC

Guest
My husband and I live in Oregon. His ex-wife has a mental disorder documented as "Borderline Personality Disorder." She also shows all the signs for "Parental Alienation Syndrom" or PAS. We have been denied any visitation for about 4 years now. She has two older children and they don't see their fathers either. She is constantly getting new boyfriends and putting them through the ringer just like she did to my husband. Unfortunatly, when asked by the school counselor if things were OK, he said "No, things are not OK mom keeps having arguments with her boyfriends!" The only thing in our favor is that she keeps doing the same thing over and over again. The DA is finaly looking at the case but I've been told that it could go back to family courts. We already owe thousands to lawyers because she refuses to provide his son for Court orderd parenting time, and there are no "Visitation Police." She is trying to run a paralegal business out of her home, so she is mobile in the system. This only complicates things. When my husband went to talk to a police officer, the officer wrote it up as ORS 163.245 "Custodial Interference 2". I have been looking for the legal definition everywhere and haven't had any luck. Does anyone know where I could find it for my state. Also would like to file a greivence form for child support? Any ideas????
Thanx
 


LegalBeagle

Senior Member
I do not understand why you have not seen the child(ren) for 4 years but here is a rough guide to how things go..

Petition for visitation ordered by court.
Failed visitation 1 (start gathering evidence)
Failed visitation 2 (get police to draw up a police report)
Failed visitation 3
File contempt of court charges for denied visitation.
Court orders that she comply
Failed visitation 4
Failed visitation 5
Failed visitation 6
File petition for custody based on parent denying relationship with child.

Time line for all the above.. depends on the visitation order, but if it is being denied every other weekend, then a NCP can win custody before the year is over.
 

LegalBeagle

Senior Member
163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person's lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “pecuniary damages” for purposes of restitution under ORS 137.103 to 137.109.

(3) Custodial interference in the second degree is a Class C felony. [1971 c.743 s.100; 1981 c.774 s.1; 1987 c.795 s.7]

 

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