Portland Oregon Ex Parte Petition for Order of Assistance
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How to fill out Oregon Ex Parte Petition For Order Of Assistance?
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FAQ
A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership. This writ, which may also be called a writ of restitution or writ of possession, usually serves as an eviction from real property.
Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Immediate danger means that there is a clear and present risk that a child will be physically injured or neglected in such a way as to endanger the child. The risk here generally involves physical danger and ?immediate? means now.
ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.
Children aged 12 or over are usually considered to be old enough to know what they want. The judge can decide to listen to the children, or the judge can decide for the children. The only principle the court has to consider is what would be in the best interests of the children.
When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
In order to have a legally-enforceable separation in Oregon, a petition must be filed with the local county court. A judgment must then be entered. The judgment of separation leaves an otherwise valid marriage in-tact, but allows the parties to live apart.
In short, a writ of assistance is an order that a judge can use to enforce a prior order. For example, a restraining order is a document establishing an order given by a judge.
Go to for those forms. A Status Quo Order will keep the children's schedules the same as they have been for the 3 months before you file the Motion. ? MAKE SURE YOU COMPLETE THE COUNTY NAME AT THE TOP OF THE FIRST PAGE OF EACH FORM!