Oregon Motion and Order to Show Cause Requesting Temporary Custody Pursuant to ORS 109.119(3)(A) and ORS 107.095
Description
Key Concepts & Definitions
A01 Motion and Order to Show Cause Requesting refers to a specific legal document used to bring a matter before a court, compelling another party to appear and explain, or 'show cause,' why the court should not take a proposed action. This type of motion can be applied in various fields such as small business disputes, real estate issues, or family law cases including temporary custody situations, where immediate intervention by the court might be necessary due to perceived immediate danger.
Step-by-Step Guide to Filing an A01 Motion
- Determine the Necessity: Assess whether your case involves immediate risk or legal violation that requires swift court intervention.
- Prepare the Motion: Draft the motion, clearly stating the grounds for requesting temporary action or citing the immediate danger.
- File the Motion: Submit the motion to the court. This step might include paying a filing fee and providing copies to all involved parties.
- Serve the Order: Legally inform the other party of the motion and the scheduled court hearing.
- Attend the Hearing: Present your case in court, focusing on why the order is necessary and what specific actions you are requesting.
Risk Analysis of Filing an A01 Motion
Filing an A01 Motion, particularly in cases involving small business, real estate, or temporary custody, carries inherent risks including:
- Escalation of Conflict: Such legal actions can intensify existing disputes.
- Legal Costs: They can be substantial, especially if the motion leads to prolonged litigation.
- Uncertain Outcomes: The decision heavily depends on the judge's interpretation of the situation and law.
Best Practices in Utilizing A01 Motion
- Clear Documentation: Ensure that every claim in your motion is backed by robust documentation and evidence.
- Legal Counsel: Engage a lawyer specializing in your case's field (be it real estate, family law, etc.) to increase the likelihood of success.
- Timeliness: File the motion as soon as the need arises to prevent any potential harm or legal disadvantage.
Common Mistakes & How to Avoid Them
- Vague Allegations: Avoid filing motions with unclear or unsubstantiated claims. Be precise and detailed.
- Ignoring Alternatives: Consider other dispute resolution methods before resorting to legal motions, these can often save time and resources.
- Improper Service: Ensure that all parties receive the motion in accordance with state laws, failing which could invalidate your motion.
How to fill out Oregon Motion And Order To Show Cause Requesting Temporary Custody Pursuant To ORS 109.119(3)(A) And ORS 107.095?
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FAQ
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
It is a common misconception that there is a magic age when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.
A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child's safety and welfare.
To get an Immediate Danger temporary order, you must file a form called an Ex Parte Motion for Order of Immediate Danger & Temporary Custody and Parenting Time & Declaration in Support.
There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
You can ask the court to make temporary orders after you file a Petition. In a post-judgment action, you can ask the court to make temporary orders after you file a Motion (request). Either Petitioner or Respondent may ask for temporary orders.
Filing your forms initiates a court case. The clerk will contact you to give you a hearing date. The filing fee is $252.00. If you cannot afford to pay the filing fee, ask the court clerk for information about filing an application for a fee waiver.
Interim orders (also known as Temporary Orders) are heard usually between 2-3 months after an Initiating Application is filed, and last until the Final Order is made, which is when the case is closed.