We’re often asked questions about out of state or international matters, where one party lives in another state or country, but they’re involved in a family law matter in Oregon. Or sometimes, people move to Oregon and immediately want to file for dissolution of marriage or custody here and are surprised to find out that it’s not quite so simple as just going down to the courthouse and filing the appropriate paperwork. We’ve put together a list of some of the most common questions we’re asked about out of state and international matters, and we’ll answer them in our next few blog posts.
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I am concerned about moving and having my spouse “tie things up” in court with regard to a modified parenting time plan, to the extent that things drag on and on and I miss getting my visitation time (my 16 year old son is staying with my ex). Can you explain how the court does or does not prevent this from happening? For example, I was told that my ex was going to ask for the standard out-of-state parenting plan, and since we agreed, his attorney did not serve me with papers, saying that we would just do a stipulated judgment and forego my needing to file a response, etc. (we do have a court case number). Things should have been resolved by the time I left the state as everything appeared to be totally straightforward. However, now that I’ve left the state, I think my ex is pulling a fast one as no progress whatsoever has occured, and he is refusing to discuss things with me further. So to get the clock rolling, I’ve asked his attorney to serve me by mail. Is she required to do so? I’m afraid he may order her to ignore my request. Also, if you could expand on any safeguards the court puts in place to prevent the parent with physical custody from thwarting resolution of a new plan in order to prevent the out of state parent from getting parenting time. Thank you.
This is helpful information – thanks for sharing.