Legal Question in Family Law in Oregon
tempory custody
if the ex parte motion for temporary custody order is signed by the judge in lane county and the respondent lives with the child in linn county and refuses to surrender the child, how does one file the ex parte motion for order of assistance in linn county?
1 Answer from Attorneys
Re: tempory custody
Your question raises a lot of questions.
First, judges don't sign motions. They sign orders.
Second, an "ex parte motion for temporary custody order" is simply a request for an temporary custody order that is made to court without any advance notice being given to the adverse party.
Third, if the judge has rendered an order that grants to you temporary custody of a child and the respondent refuses to surrender the child, the judge of the Oregon county that issued the custody order can then render an order directing any law enforcement officer anywhere in the State of Oregon to retrieve the child in accordance with the court's order. So get your Order of Assitance in Lane County and take a court-certified copy to the civil process division of the Linn County Sheriff's Office (if that is the county where the child is physically present) and ask that the Order of Assistance be executed. (Note: You may have to pay a sheriff's fee to get this done.)
LDG