post judgement status quo

[trex1119]

What is the name of your state (only U.S. law)? OR

I just filed for change of custody along with a post judgment status quo. The custodial parent (mother) is planning a move to new York in January and gave me notice of her move this month. The judge signed the post judgement status quo and she will be served today I think.
Is anyone here familiar with this process? I know she has 30 days to respond. Does this mean she can't move our child until we settle the custody request or until a new plan is made? Once she responds can it be overturned? Any information is helpful thanks!

 

[WittyUserName]

Trex, don't you have an attorney? You asked this already, like a week ago.

 

[WittyUserName]

Okay, because I am curious:

From your first thread:

I have a 4 year old daughter from a previous relationship. We were never married. She lives with her mother in Washington and I live in Oregon.

Then on 11/03

So my child's mother just notified me that her fiance will be stationed in New York and they plan on moving shortly after Christmas. She hasn't said anything further about changes to our plan or anything. She has also been in town for about 45 days and counting so I feel pretty sure about my guess that she was living her until her wedding.

But from Oregon's instructions for Post-Judgement Status Quo orders:

A Post-Judgment Status Quo Order (signed at the judge’s discretion) restrains each parent from changing the child’s usual place of residence, interfering with the present placement and daily schedule of the child, hiding or secreting the child from the other parent, interfering with the other parent’s usual contact and parenting time with the child, leaving the state with the child without the written permission of the other parent or the permission of the court, or in any manner disturbing the current schedule and daily routine of the child until the motion for modification of judgment has been granted or denied. THE CHILD(REN) MUST HAVE LIVED AT THE CURRENT RESIDENCE CONTINUOUSLY FOR A PERIOD OF THREE CONSECUTIVE MONTHS, EXCLUDING PARENTING TIME, TO REQUEST A POST-JUDGMENT STATUS QUO ORDER.

Please tell me your attorney knows that the child hasn't been in OR 3 months.

 

[Zigner]

Okay, because I am curious:

From your first thread:


Then on 11/03


But from Oregon's instructions for Post-Judgement Status Quo orders:

A Post-Judgment Status Quo Order (signed at the judge’s discretion) restrains each parent from changing the child’s usual place of residence, interfering with the present placement and daily schedule of the child, hiding or secreting the child from the other parent, interfering with the other parent’s usual contact and parenting time with the child, leaving the state with the child without the written permission of the other parent or the permission of the court, or in any manner disturbing the current schedule and daily routine of the child until the motion for modification of judgment has been granted or denied. THE CHILD(REN) MUST HAVE LIVED AT THE CURRENT RESIDENCE CONTINUOUSLY FOR A PERIOD OF THREE CONSECUTIVE MONTHS, EXCLUDING PARENTING TIME, TO REQUEST A POST-JUDGMENT STATUS QUO ORDER.

Please tell me your attorney knows that the child hasn't been in OR 3 months.

Does it matter? The section you posted doesn't state that the place of residence needs to be in Oregon...

 

[trex1119]

Yes I read over everything before he filed it and it said she moved here in September but the judge still signed it.

 

[WittyUserName]

Ok. Well, if your attorney is confident then that's good. That's what you're paying for, that expertise. And a local attorney would be in a far better position to advise you, because they know the climate of the courts.

 

[trex1119]

Trex, don't you have an attorney? You asked this already, like a week ago.

I am looking for Free Legal advice which is why I am asking questions here. It costs money to ask an attorney questions and since this is a simple question I don't see the problem. I just wondered if anyone was familiar with the process.

 

[Proserpina]

I am looking for Free Legal advice which is why I am asking questions here. It costs money to ask an attorney questions and since this is a simple question I don't see the problem. I just wondered if anyone was familiar with the process.

Yes.

Your attorney.

 

[trex1119]

Yes.

Your attorney.

What is the point of a site like this then? I have already said its hard to get a hold of him and I'm looking for very general info.

 

[Zigner]

What is the point of a site like this then? I have already said its hard to get a hold of him and I'm looking for very general info.

I'm sure that you you mean by this post is:

Thank you all for not attempting to muddy the waters by guessing at a situation in which I already have an attorney who is well versed in all of the details.

 

[Proserpina]

What is the point of a site like this then? I have already said its hard to get a hold of him and I'm looking for very general info.

The point of the site, quite honestly, is to try and guide those who cannot afford or obtain attorneys. There's no rule saying that you can't ask questions - but many volunteers won't be rushing to answer since they're busy trying to help those without an attorney.

Also, if you already have an attorney, then frankly it can be irresponsible of us to second guess him or her, since s/he has ALL of the facts of your case, and we don't.

 

[trex1119]

The point of the site, quite honestly, is to try and guide those who cannot afford or obtain attorneys. There's no rule saying that you can't ask questions - but many volunteers won't be rushing to answer since they're busy trying to help those without an attorney.

Also, if you already have an attorney, then frankly it can be irresponsible of us to second guess him or her, since s/he has ALL of the facts of your case, and we don't.

I can't afford a lawyer I had to take out a personal loan to obtain him. Had I no attorney I would be told here to get one and when I have an attorney I'm mocked for it. Perhaps people won't rush to answer my question so they can prioritize those with no attorney, but the time it takes to write a snide remake could be better spent giving helpful less obvious information.

 

[Zigner]

I can't afford a lawyer I had to take out a personal loan to obtain him. Had I no attorney I would be told here to get one and when I have an attorney I'm mocked for it. Perhaps people won't rush to answer my question so they can prioritize those with no attorney, but the time it takes to write a snide remake could be better spent giving helpful less obvious information.

Oh you want helpful obvious information?

You would be better served by asking your attorney these questions, as he understand the details of your case.


You really just don't get it, do you?

 

[Tex78704]

What is the name of your state (only U.S. law)? OR

I just filed for change of custody along with a post judgment status quo. The custodial parent (mother) is planning a move to new York in January and gave me notice of her move this month. The judge signed the post judgement status quo and she will be served today I think.
Is anyone here familiar with this process? I know she has 30 days to respond. Does this mean she can't move our child until we settle the custody request or until a new plan is made? Once she responds can it be overturned? Any information is helpful thanks!

The only given is that until the first hearing mom is bound by the terms of the post judgment status quo.

Beyond this anything can happen.

Her attorney may promptly file an answer and push for a hearing well before her planned move date. Depending upon how she responds to your suit and how well represented she is, the judge may or may not choose to lift the restriction.

If mom has the will and the resources to fight this in court, your legal costs can quickly skyrocket. If you had to take out a loan for the attorneys retainer, you may be in over your head rather quickly. This is not the kind of litigation which if you run out of money you can drop your attorney and wing it on your own.

Unless your attorney has already worked your case in the past, all he can do is give you an educated guess as to what to expect, based upon your side of the story. He should be able to get a better handle on what you can expect once your ex's attorney files an answer to your suit.

 

[trex1119]

The only given is that until the first hearing mom is bound by the terms of the post judgment status quo.

Beyond this anything can happen.

Her attorney may promptly file an answer and push for a hearing well before her planned move date. Depending upon how she responds to your suit and how well represented she is, the judge may or may not choose to lift the restriction.

If mom has the will and the resources to fight this in court, your legal costs can quickly skyrocket. If you had to take out a loan for the attorneys retainer, you may be in over your head rather quickly. This is not the kind of litigation which if you run out of money you can drop your attorney and wing it on your own.

Unless your attorney has already worked your case in the past, all he can do is give you an educated guess as to what to expect, based upon your side of the story. He should be jable to get a better handle on what you can expect once your ex's attorney files an answer to your suit.

Thank you I appreciate your help. I know I'm in over my head but it's worth the try.