Tacoma, WA asked in Family Law and Child Custody for Oregon

Q: My ex boyfriend took our three year old son from the residence at which we were both residing.

He is refusing to let me see our son and said that we will have to go through the court system. I know this can take weeks but is there anything I can do now? This is in Portland Oregon.

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2 Lawyer Answers

A: You should file a custody/parenting time case and ask the court to enter an immediate temporary protective order of restraint. That order will state that neither parent should disrupt the child's usual contacts with the other parent and that the child's residence should not be changed. Once father is served, if he doesn't obey the order, he could be held in contempt of court. You will need to move quickly to preserve your legal rights.

A: It says you are in Tacoma Washington but you posted for Oregon. So I am not sure if your situation is taking place in Oregon or Washington. As a rule of thumb, the court in the State where the child has lived for the last six months will be the State court that has jurisdiction under the Uniform Child Custody and Jurisdiction and Enforcement Act (UCCJEA). If you google this you will find articles that explain this law. Oregon Courts will generally order the child to be returned to the child's normal place of living so you need to figure out which court has jurisdiction and immediately file there and ask for an expedited hearing to determine the status quo. The sooner you file the sooner you will get a hearing date and the sooner you can get to court and ask the Judge to restore the status quo. I highly recommend that you get a lawyer to help you. Even if you can't afford to retain a lawyer to handle the entire case, it is well worth the cost of just one consultation to get an orientation before you move ahead doing your own filings. If this is taking place in Washington or involve the Washington Courts, consult with a Washington Attorney as the rules are different from State to State.

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