Question About Response

[Lyrael924]

Soc-
Thanks for your help. I have one more question. Mom's response to our motion was not in the form of an affidavit. It was just a letter to the court.

1) Should our reply to the response be an affidavit?

Thanks again!

[socrateaser]

>Soc-
>Thanks for your help. I have one more question. Mom's response
>to our motion was not in the form of an affidavit. It was just
>a letter to the court.
>
>1) Should our reply to the response be an affidavit?

You shouldn't reply in writing, in my opinion. You should go to the hearing and argue as follows:

Respondent has attempted to challenge personal jurisdiction and simultaneously raised the substantive issues of my right to custody and parenting time, as well as placing my mental state at issue. Therefore, Respondent has impliedly submitted to the personal jurisdictional of the Oregon Courts.

Furthermore, I have personally obtained attendance records from NAMEOFSCHOOL, showing that Respondent and my minor child was enrolled and attended school from ??/??/?? through ??/??/??, which is a period of ___ (offer the records to the court, and as soon as the judge has them in his/her hands and starts reading, you continue this argument). As this period is greater than the six months required to confer jurisdiction over custody, under Oregon's rendition of the Uniform Interstate Child Custody Jurisdiction and Enforcement Act, this court has authority to resolve the issue of my fundamental rights to custody and parenting, consistent with the minor child's best interests.

Respondent should not be able to hide behind a letter, that is so obviously a very clever coaching job by a Pennsylvania attorney, who thinks that this court can be fooled into believing that Respondent understands the concept of personal jurisdiction, and knows how to raise just enough facts to implicate the International Shoe "minimum contacts" doctrine.

If the court does not assert jurisdiction, then Respondent will be able to continue to run from one jurisdiction to the next and thereby prevent me from having my claim heard on the merits. This will deprive me of my liberty interest in exercising parenting time with my minor child, so the court should be inclined to insist on a more equitable result.

Thank you, your honor.