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    sissy420's Avatar
    sissy420 Posts: 5, Reputation: 1
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    #1

    Mar 23, 2011, 05:30 PM
    How to file a motion to dismiss a show cause hearing re modification of custody
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    sissy420 Posts: 5, Reputation: 1
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    #2

    Mar 23, 2011, 05:33 PM
    Motion to dismiss show cause hearing in Oregon?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 23, 2011, 05:52 PM

    First, please post once. If you need to add info, use the Answer options to add another post.

    Second what are you being asked to show cause for and what grounds do you have for dismissal?
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    sissy420 Posts: 5, Reputation: 1
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    #4

    Mar 23, 2011, 05:58 PM
    They want to modify custody and change my parenting time. When they filed the original motion they did not attached the modified portion of the judgement along with the original judgement. In the original affidavit they referred to provisions that had been eliminated in the modified judgement. They amended their motion to reference the modified judgement but are still using the original affidavit.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 23, 2011, 06:53 PM

    I doubt if you will get it dismissed, but you can try. Most Family courts are not very strict on form. So just file a letter asking that the show cause be dismissed since it does not take into account the most recently modified order.
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    #6

    Mar 23, 2011, 07:09 PM
    Thank you! What if the judge does dismiss this? Shall a make a spot on my letter allowed_ denied_ or ? Will the courts type of there own dismissal form,etc. How will they respond? Do I just serve this letter to the attorney?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 23, 2011, 07:23 PM

    The court will issue their own order. And you submit this motion to the court with a copy to the other lawyer.

    But if you are going up against someone represented by counsel on your own you will likely lose.
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    #8

    Mar 23, 2011, 07:32 PM
    Comment on ScottGem's post
    Do I get to ask more questions?:) I didn't see another spot?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 24, 2011, 03:25 AM

    Use the Answer Options at the bottom of the page to post follow-up questions and info.

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