How important is status quo vs the actual decree

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

How important is status quo vs the actual decree

Unread postby big guy » Sun Mar 05, 2017 1:19 pm

If the decree says one thing but you have been living at least a year with a much more equitable situation, can the fairer status quo be held up in court if the ex wants to revert back to the original decree by unilateral decision?
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Re: How important is status quo vs the actual decree

Unread postby Chaos » Sun Mar 05, 2017 2:08 pm

I thought your child was over 18 now. What's the specific issue?
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Re: How important is status quo vs the actual decree

Unread postby Tom Kirkpatrick » Sun Mar 05, 2017 2:41 pm

big guy wrote:.....can the fairer status quo be held up in court if the ex wants to revert back to the original decree by unilateral decision?
ANS: It can. But it depends.

Need specific info on your situation.

Tom
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Re: How important is status quo vs the actual decree

Unread postby Fatheroffour » Sun Mar 05, 2017 2:54 pm

The decree is the law of the land until its changed.
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Re: How important is status quo vs the actual decree

Unread postby americandadof5 » Sun Mar 05, 2017 3:22 pm

big guy wrote:If the decree says one thing but you have been living at least a year with a much more equitable situation, can the fairer status quo be held up in court if the ex wants to revert back to the original decree by unilateral decision?


The short answer no.

The longer answer is that without a court order reflecting the true schedule , the ex as a matter of right can enforce the current order until you get it changed . Depending on the facts of your situation, your status quo defense could be at risk
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Re: How important is status quo vs the actual decree

Unread postby Tom Kirkpatrick » Tue Mar 07, 2017 3:37 pm

big guy wrote:.....can the fairer status quo be held up in court.....
If argued in Oregon court, the answer is, "Yes." The doctrine of de facto custody would apply.

De facto, expeditiously and flawlessly, satisfies both custody modification standards simultaneously; namely, that a significant change in circumstance has occurred since the last order was written and that such a change is in the best interest of the children.

OP, you need to research this for your jurisdiction.

Tom
Last edited by Tom Kirkpatrick on Tue Mar 07, 2017 3:40 pm, edited 1 time in total.
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Re: How important is status quo vs the actual decree

Unread postby lovingfatherof2 » Tue Mar 07, 2017 3:39 pm

Your daughter is 18 though right?
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Re: How important is status quo vs the actual decree

Unread postby Havalu7 » Sat Mar 11, 2017 4:15 am

Crickets!
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Re: How important is status quo vs the actual decree

Unread postby nr552 » Sat Mar 11, 2017 9:24 am

In regards to this-- I have just completed my modification, based on Status Quo... but not before I was charged with contempt of court for not following the very loosely hard written stipulated agreement from a few years ago, so tread lightly. Without the documentation that I had, and the input of our S15 ... I might have been sunk.
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Re: How important is status quo vs the actual decree

Unread postby Tom Kirkpatrick » Sat Mar 11, 2017 12:52 pm

nr552 wrote:.....I was charged with contempt.....
Being charged is one thing. But being found in contempt is quite another.

nr552 wrote:.....for not following the very loosely hard written stipulated agreement from a few years ago, so tread lightly.
For not following which part of the agreement??.....the parenting plan??

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