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    Rayway's Avatar
    Rayway Posts: 1, Reputation: 1
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    #1

    Jul 30, 2012, 09:50 PM
    Motion to dismiss based on lack of jurisdiction UCCJEA
    My divorce decree was finalized in Oregon in 2008. Child has lived with me in California since 2006. I have sole custody of child and father was granted monitored visitations and monitored phone calls once a week. Last year he filed a motion for modification of his parenting time (it read that if I did not respond he would get full custody). We ended up signing a stipulation for him to have monitored visitation in California only (with me as the monitor instead of at a facility). He has not exercised any visitation so far, and child has never been back to Oregon. Father just filed another motion to modify seeking unmonitored parenting time in Oregon (holidays and summer/easter break) A lawyer giving me quick advice mentioned that I could try filing a motion to dismiss based on lack of jurisdiction since the child has not lived in Oregon for several years. How would this work? I've been trying to research UCCJEA and am just more confused about how jurisdiction works. Can anyone clarify? Thanks!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 31, 2012, 03:54 AM
    Im am surprised a lawyer would tell you that if your ex still lives in the jurisdiction that made the previous decision. You were told wrong. If he is still in Oregon and they are the original court then they hold it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 31, 2012, 04:02 AM
    I agree, if the ex still lives in Oregon, they have the jurisdiction. Also if that is where the case was filed and it was never moved, It has jurisdiction till it is moved. So he filed in the correct court.

    Following that, if he has moved or never lived in Oregon, then it is correct, but if he is living in Oregon then the case remains there. It does not move with the child, just because the child moves out of state, as long as one parent remains in that state.

    I would go speak to another attorney.
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