Legal Question in Family Law in Oregon

Can my husband and I get a court order stopping his ex from taking the kids out of school for stuff like trips to the beach? They are missing quizzes, class work, and homework. They are falling behind in their grades and she doesn't do anything to make sure they make up the work they're missing.


Asked on 5/03/13, 6:06 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Yes. File a motion with the court, supported by an affidavit setting forth the relevant facts and circumstances and explaining why you are requesting the court order that you are seeking. The court filing must be in proper legal form, in compliance with court rules for form and style for judicial documents, and must be accompanied by the appropriate filing fee. Confer with the Court Administrator's office to arrange for a date and time for a court hearing. The arrange for a copy of the motion and affidavit, along with a Notice of Filing of Motion Seeking Court Order, to be served on the opposing party. It would also be appropriate to issue a subpoena to the kids' teachers, requiring them to take take off from school to come to court and testify as witnesses at the hearing so as to prove the mother's actions of taking the kids out of school for stuff like trips to the beach results in the kids missing quizzes, class work and homework and that they are falling behind in their grades ad that mother does not do anything to make sure they make up the work they're missing. And when you come to court, be sure to have a proper form of Court Order, ready for the judge to sign, the expressly details and recites specifically what it is that the court is ordering.

You can, of course, try all of this on your own. Or you can hire a lawyer to do it for you. Estimated cost: $5,000.

Read more
Answered on 5/04/13, 8:45 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon