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JURISDICTION

Started by dad808, Apr 14, 2006, 05:36:10 PM

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dad808

SOC
 My question to you is on jurisdiction. I filed for a parenting plan in the state of Oregon. My ex lives in Hawaii with my daughter. Oregon court allowed the move because of a TRO which I contested and won.  My alleges in my custody parenting time states that my daughter has been a resident of and domiciled in the state of Oregon for six continuous month immediately prior hereto. My daughter was born in the state of Oregon and is still a domiciled here in Oregon, though she resides in Hawaii. She has a lawyer in Oregon representing her and I also have a lawyer. I have a court date finally which is in June. Now when the month of May come along she would have been in Hawaii for 5months. I know it's going to be very expensive flying to Oregon for this case with expenses to pay.


QUESTIONS
   
1. Will jurisdiction in the state of Oregon order her to return or can the judge allow for     her to appear by telephone which her lawyer can represent her form Oregon.

2. Will this be a 50/50 chance between her appearing by phone and if the jurisdiction will make her return

socrateaser

>QUESTIONS
>  
>1. Will jurisdiction in the state of Oregon order her to
>return or can the judge allow for     her to appear by
>telephone which her lawyer can represent her form Oregon.

She must appear in person, but only if you serve her notice to appear as a witness. Otherwise, she could conceivably just permit her lawyer to appear and represent her.

>2. Will this be a 50/50 chance between her appearing by phone
>and if the jurisdiction will make her return

Have your lawyer order her appearance. Then there will be no question about it.