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cdkowitz · Jul 25, 2011, 08:22 AM

My children and myself have been living in Oregon, my wife had moved to Montana I took the children to see her and I was trying to work out my marriage I had been there 1 week and she claimed I assalted her put me in jail, while I was in jail she moved in with her boyfriend, on the day I got out of jail she gave me back our children then 2 weeks later she filed for a restraining order, then a couple days later custody and a divorce I got to go in front of the judge and he held the restraining order he wouldn't even listen to me and she has lied and changed her story 3 times, so now I haven't been able to see my kids for almost 2 months

joypulv · Jul 25, 2011, 09:00 AM

Without a good lawyer, you may be at the mercy of her allegations and the restraining order.

Unfortunately the story isn't any help, really. Telling us who went where, said what, charged whom, just raises more questions than answers. Granted you look good by having the kids in the first place, but why would you go to work things out with your marriage if she has a boyfriend? It does sound confrontational. Sad, and I'm sorry, and with proper representation, hopefully you can get joint custody.

AK lawyer · Jul 25, 2011, 09:13 AM

Originally Posted by cdkowitz

my children and myself have been living in oregon, my wife had moved to montana ...

she filed for a restraining order, then a couple days later custody and a divorce ...

Montana doesn't have jurisdiction to adjudicate custody. The childrens' home state is Oregon.

Get an attorney in Oregon to immediately file for divorce and custody.

cdkowitz · Jul 25, 2011, 12:54 PM

I have filed custody and divorce in Oregon. I guess I now need to get jurisdiction dismissed in Montana and I have filed that motion in Montana. I didn't know she had a boyfriend at the time I was trying to work it out, she told me she wanted to try to save our marriage, I am sure she did this to get me to Montana so she could get the kids.

cdkowitz · Jul 25, 2011, 12:57 PM

I have filed for dismissal of jurisdiction from Montana, and have filed for divorce and custody in Oregon.My Oregon lawyer filed the papers the minute she took the children to New Mexico to see her boyfriend last week.

AK lawyer · Jul 25, 2011, 01:46 PM

Originally Posted by cdkowitz

I have filed custody and divorce in oregon. I guess I now need to get jurisdiction dismissed in montana and I have filed that motion in montana. I didn't know she had a bf at the time i was trying to work it out, she told me she wanted to try to save our marriage, I am sure she did this to get me to montana so she could get the kids.
...
I have filed for dismissal of jurisdiction from montana, and have filed for divorce and custody in oregon.My oregon lawyer filed the papers the minute she took the children to New Mexico to see her bf last week.

So you do have an attorney working on the case. Then I am unclear as to what you really need to know from us. Has she been served with process from the Oregon court? If so, the next step, it would appear to me, would be to ask the Oregon court to give you temporary custody.
Then, if their mother fails to turn the kids over to you, ask that she be held in contempt of court.

What, if anything, does New Mexico have to do with it? I mean, if it's just a visit, before anything could be done they would be back in Montana, right?

cdkowitz · Jul 25, 2011, 02:47 PM

Thank you I just thought that once a custody was pending the children weren't allowed to leave the state without approval, she put that in her papers sorry

AK lawyer · Jul 25, 2011, 03:01 PM

Originally Posted by cdkowitz

thank you I just thought that once a custody was pending the children weren't allowed to leave the state without approval, she put that in her papers sorry

No need to apologize.

If that's what her papers say, it could be the rule in Montana. I don't know. But it would be moot if the Montana case should be dismissed anyway.

It might be somewhat pertinent if you point out to the Oregon court that she has ignored the very Montana provision she referenced in her own pleadings. :)

ScottGem · Jul 25, 2011, 03:55 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

The court may rule that she is not allowed to move out of Montana. But a visit is not considered moving. But you need to push your attorney to get an emergency custody order so you can go pick up the children.