Definition of Substantial Change in Oregon---Help

[Rekinom]

Thanks for all the posts to my earlier thread (Mom wants to move kids 3000 miles away.). I have learned a few things and now am looking for answers to questions.

As I understand it, I need to prove two things in order to prevail in court:

1) There has been substantial change since our divorce decree.
2) There will be less upheaval in the childrens lives staying with me in Portland than moving with thier mom to NJ.

Questions:

1)   Can I present planned or impending substantial change as substantial change?

2)   Does the Court view irresponsible planning and exposure to risk as negect? For instance, driving across country with four small children, ostensibly for the summer, but having no means to return?

3)   Does the court consider the liklihood of an outcome or only current-existing-provable,  outcomes?

4)   Is email considered quality information, usable as support for a case?

5)   To what degree should I get into critsism of my ex? In other words, at what point do my complaints become petty?

[CustodyIQ]

Hi,

I'm not an attorney, but here are my thoughts based upon what I know with regard to change of circumstance and relevant info.

>1) Can I present planned or impending substantial change as substantial change?

Sure, if it's relevant and substantial.  E.g., "She told me and our pastor that she intends to carve out their eyeballs."

But it can't be based upon speculative harm to the kids... you really need to be able to hammer with no doubt that unbending intent WILL harm them.

>2) Does the Court view irresponsible planning and exposure to risk as negect? For instance, driving across country with four small children, ostensibly for the summer, but having no means to return?

Yes to the first part, but the second part doesn't meet the threshhold unless she's tying them to the luggage rack on the roof.  You don't know that she won't have means to return... you're speculating.

>3) Does the court consider the liklihood of an outcome or only current-existing-provable, outcomes?

Now you're getting the jist of it.  You must show existing provable outcomes to win your case.  The court MAY decide to speculate as to future outcomes BASED UPON a history of existing or past outcomes (e.g., if mom has left town a dozen times before and refused to return each time until she was featured on America's Most Wanted).  But it probably won't speculate on a future outcome if there has been no such history demonstrated.


> 4) Is email considered quality information, usable as support for a case?

Depends, and you'll hear different answers on this.  In my case, the court ordered us to communicate only by email and to print/save the emails.  So, my judge probably would give heavy weight to our emails.  But emails in general can be easily modified before printing.  I think if you had her testify as to the accuracy of the emails, they'd be credible evidence.

> 5) To what degree should I get into critsism of my ex? In other words, at what point do my complaints become petty?

If it's irrelevant to the welfare of the children in a significant way, it's petty.  The judge doesn't want to hear about her refusal to use the same brand of diapers that you use.  However, it would be a relevant complaint if she abandoned diapers altogether and instructed the kids to just poop in the backyard.

[Rekinom]

Thanks for the sage advice. Another question:

I am currently writing my affadavit for support of substantial change to enable the court to hear the custody argument. Does this argument basically get me my day in court? Should I go into depth with events, proofs, testimony etc or shoudl I provide more of a Thesis/survey of my arument?

Thanks for the use of your experience!

~CS

[wendl]

At least in WA State you get about a whopping 5 minutes to agrue your side unless you go to trial.

Get your documents in order,  you can go in depth in your affadavit but remember you will more than likely only have  a few minutes before the judge/commissioner (after sitting there waiting forever for them to hear your case)  At least this is how it is in WA.

Good Luck

**These are my opinions, they are not legal advice**

[4honor]

DO you have set visitation? If so, then your SCIC is that Mother has told you she PLANS to withold visitation for a protracted period of time, thereby essentially eliminating their other parent from the children's lives and statistically creating long term damaging effects in them. She has no plan other than to move the children away from you. No plan to foster a relationship between the father and the children (i.e. parenting plan) and no plan on how to live, work and provide for the children. This informatoin goes in your affidavit.

SO.... present the court with your plan to live, work, and provide for the children while in your care, AND provide for their relationship with their mother should she wish to live in NJ. Give her as much time as is financially feasible for her. Also provide a plan for a change in her parenting time should she return to your area to live, so that things go back to at least standard visitation with a graduated shift to JOINT PHYSICAL custody.
 This information goes in a motion and order, not in the affidavit.

Put together a set of papers that favor your maximum time should you lose the hearing and she is allowed to move. Make her responsible for the transportation, as she is the one that moved (it should be a credit against your child support.) Give yourself all of summer but the last week -- but allow for her to have overnights in the summer if she is in the state of OR. Take the longest weekend each month (most holidays) and provide a clause that with 7 days notice you may have any other weekend in your home state and with 48 hours notice you may have them in her state.

My research is that the mother MUST notify you of the move unless she is a victim of abuse (watch for false accusations). And you have the burden of proof that the move is NOT in the best interest of your children. You need to file for an Ex parte hearing preventing her move away BEFORE she leaves, as once she is gone it is MUCH harder to get her ordered to return.

Get your documentation together. You must document how you have been involved in the children's lives to their benefit (school records, doctors appointments you took them to, team sports you take them to, Sunday School you enrolled them in, whatever it may be.) Document the scheduled parenting time and the time you actually took. The parenting time tracker is free off this site and we used it successfully to show stuff in court in a SCIC threshhold hearing. (We met Threshhold.)

[CustodyIQ]

I agree with what Wendl described.

What is the "thesis" of your argument?  With that answer, I can provide some advice as to how you would want to lay out your affadavit in a persuasive manner.

[justwantstobeadad]

I noticed you said time tracker is free off this site I can only find the one to purchase. Can you please send me the free link. ty

[4honor]

click here:

http://www.deltabravo.net/custody/tracker.htm

and go to the bottom of the page. Then download the .exe program.

PS. Checked with an OR Atty. He says that you need to get an OR atty ASAP or the kids will be gone and you will have "acquiesed" to them moving as you have foreknowledge and did nothing.