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Parenting Plan vs. State Law in Oregon

Started by oklahoma, Jul 06, 2008, 12:35:57 AM

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oklahoma

I am planning on moving 110 miles from my current home (and about 100 miles from my ex) in order to attend grad school.  Our parenting plan states that I must give 20 days notice if I intend to move more than 60 miles.  I have informed my ex of my intention to go to school, but don't have housing set up yet and so have not given him an address (with about 40 days until school starts--yeah, I'm stressing out--still don't have my financial aid.)  I have not kept him in the dark, I just don't have any info myself and may end up having to defer my enrollment another year.

But now he is pushing the issue and telling me that state law requires I give 90 days notice if I move more than 90 miles.  (He graduated from law school, at the same school I will hopefully be attending, last year, so he likes to throw stuff out there, but I know from experience that he also makes stuff up to sound good and get his way.)  He says state law trumps the parenting plan, but I always thought it was the opposite.  How can I be expected to follow the requirements of an unknown state law when my parenting plan very clearly lays out other standards?  Is he right or am I?

By the way, I have been considering this for almost the whole year and a half since our divorce--we will be moving back to the community where my kids spent the bulk of their lives (while their dad was in school), and since they only see their dad EOW, I don't anticipate too great of an impact on his time.  My ex moved 260 miles from his older daughters in order to go to school, and now he's making an issue of this--plus there's the fact that he moved away first and was just fine with the added travel time.  We just moved up here a few months later to be with my family and to heal.

tigger

The wonderful thing about tiggers is I'm the only one!

Davy


Hey Ok !!  You know we're not attorneys especiallly familiar with Oregon statues. Of course one is going to have to look at the actual statues AND revisions but I thunk you may be probably correct in assuming the court order superceeds a new statue (but what do I know) and the other parent would need to modify the current order.

Certainly the attorney parent realizes he might be laughed out of court for what amounts to 70 days of notice especially since your endeavors are life enhancing (like him) which would benefit the children.

Best of everything in all matters to all of you.

MixedBag

I had something similar happen where our decree stated one thing and the law something else.

Our decree was older than the law.

IMHO, o.k.?

Go to school and expect to do all the transportation in order to share the kids.

Judge said to me that he thinks the EX will comply with the law from now on....and did not hold him in contempt as I had requested because our decree said something contraray to the newer law.

Then again, are you the CP and will the kids be moving with you?

And how often do the kids see each parent now?

You've notified him.

He needs to file to stop you from moving.

And get up to speed NOW on Oregon laws and what they say.


lilywhite

It's always best to see what the statutes say.  By the way, an ex-spouse is a real bad choice for law interpretation, whether he's an attorney or not.

Here's what the statute says:

107.159 Notice of change of residence. (1) In any court order or judgment granting custody of a minor child and parenting time or visitation rights relating to the child, except for an order under ORS 107.700 to 107.735, the court shall include in its order a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of such notice to the court.

So, the amount of time in the statute is "reasonable" and your parenting plan further defines that as 20 days.  20 days it is.  Be sure to notify the court within 20 days as well ("providing a copy of such notice to the court").

You should be very proud of yourself for going to graduate school!  Way to go.