There is absolutely no reason for an ex parte.
Temp orders, perhaps. But ex parte? Where is the emergency?
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There is absolutely no reason for an ex parte.
Temp orders, perhaps. But ex parte? Where is the emergency?
Yes, it is an ex parte status quo order. It is specifically for this type of situation to keep the kids where they have been residing until the modification of custody is settled. It prevents them from being torn from their familiar lifestyle. In this case, the mom has full custody but the children live in our home because she can't support them. When she gets served with modification paperwork, she is going to try taking the kids but this status quo order prevents her from doing that or there could be legal consequences for her.
Oh wow. There's so much wrong there I'm not even sure where to start. I don't think you and Dad are understanding this, at all.
There's no such thing as a "status quo" order. An ex parte is for situations where the children are at risk from imminent harm. An ex parte is NOT a means to keep the kids against the CURRENT order.
UNTIL the order is modified, OR there's a restraining order in place (and don't even think of going down that path), NOTHING can prevent Mom from picking up the kids.
Filing does nothing at all except get things in motion.
And Dad is risking what he's got. He really needs to start reading.
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And which legal consequences are we talking about?
And actually there is. Here is the link. Every attorney we've spoken to has suggested this same process.
http://courts.oregon.gov/Lane/Family.../famforms.aspx its under 'forms for temporary orders' called 'packet 6b-status quo order, post- judgment'
EXACTLY.
It's part of the TEMPORARY orders. It is NOT part of an ex parte order.
See what I'm saying now?
An ex parte is an EMERGENCY order. A Temp order is actually what I suggested earlier on.
There are several different types of 'ex parte' forms
'ex parte' is a type of hearing process, not a type of form. And yes, there is a form for immediate danger, but that is not the one in referring to.
Okey dokey then!
I wish Dad the best of luck!
Thank you! We appreciate it.