status qou ?

[tjraid18]

 Dear Socrateaser, My attorney filed something called a staus quo when I divoced my wife about three years ago in Oregon. My questions--------Does filing a status quo keep the other parent from moving out of state? How long does a status quo stay in effect, do I need to update it?           Thank you, tjraid18

[socrateaser]

It's Status "Quo."

A status quo order is an order for the parties to maintain the marital standard of living, i.e., don't sell off property, or change health insurance, or life insurance, or do anything that would change the lifestyle of the marriage. A status quo order is dissolved when final judgment is entered, unless the court expressly maintains it in force.

If you were divorced several years ago, your status quo order was dismissed long ago.

[tjraid18]

Thank you for getting back to me. HHHMMMM. I was under the impression that my attorney filed it so that my ex could not just leave the state without o.k.ing it through the court. I know it was filed along with the divorce papers. So it should have went into effect at that time. Could it be used to keep her address from changing? What can I file to keep her from moving, before she does?

[socrateaser]

That's a different kind of status quo. Oregon law provides that one parent must give the other reasonable notice of a move of more than 60 miles.

I would need to read your custody orders and the "status quo" order to which you refer, before I could give you an idea of what your next step might be.

However, if you believe that the other parent intends to violate your custody rights by relocating the child beyond your reach, you should file an emergency motion for an order to show cause on a restraining order, expressly instructing that the other parent not relocate the child outside of the State of Oregon, on grounds that ___________ (state the reason why you believe that the other parent is about to relocate the child).

You must have evidence that the court will accept as showing that if your order is not granted, that you will suffer irreparable harm.

This means, for example that if you swear in an affidavit and in open court, that the other parent has told you that, "I am moving to Nevada on the 30th of the month, and I don't give a rat if you ever see your kid again," then the court will grant your order, and a hearing will be set within 30 days.

If, on the other hand, you swear, "I think my ex is gonna move out of state, because I heard a friend of her's talking about it with some lady across the street," then you won't get your order, because that evidence isn't credible proof of a likelihood of irreparable harm.

Good luck.

[tjraid18]

 Thank you very much. You're answer hit the nail right on the head. I think I can figure it out at the courthouse from here. I would like to say I really appreciate having this resource and I am glad to see it.