Can a judge do this? in Oregon?

[Fatheroffour]

You will have to research statute or case law for a reason to cite for appeal because the short answer is yes the judge did it. You need to find the exact reason to cite to demonstrate the judge was wrong to do so.

[tom kirkpatrick]

1) In Oregon, regardless of motions made (or not made) by you or the other side, judges can make their own motions in family court. How fuct up is that?? Sounds to me like this is what happened. Moreover, your judge was overly-sympathetic with the other side.

Translation = The judge, by his own motion, gave your ex exactly what she wanted. In Oregon, whether right or wrong, family court judges have tremendous latitude. In reality, there's little or nothing you can do about it.

2) Persuing an appeal in Oregon is very time consuming and very costly = approx 2 yrs + low 5-figrues($), at least.

Your best bet is to file for remodification in the near future. Chances are, you'll get a different judge because, in Oregon, judges rotate in and out of family court every month or so. You can even ask for an emergency hearing, something you can't do with the Oregon Court of Appeals. Remember, there's a lot more flexability with the lower court. And that's a good thing to know. In other words, modifications are easy to file and easy to get. Filing an appeal is a different matter entirely.

Meanwhile, you'd best do your research and get very prepared. When it comes to research, I am more than a little "old-school." So, let me spell it out.

Never limit yourself to online research. Never accept things at face value. Never trust your attorney.

Instead, get your @ss into a law school library and dig in. Keep asking questions 'til you get answers that work for you. Take a trusted friend with you. Nothing beats a "sounding board" to keep you on task.

In Eugene, it's the University of Oregon. In Salem, it's Willamette University. In Portland, it's Lewis & Clark University. Back in the day, I did my family law research at the U of O. Anyway, the idea is to find a librarian who's also a law school student. While they can't give legal advise, they will be more than happy to point you in the right direction.

Additionally, find a paralegal that specializes in Oregon Family Law. They cost a fraction of what an attorney will cost. Remember, they cannot represent you in court. But, for the most part, they are hell-bent for giving advise and writing legal documents that'll get you where you need to go. What you're looking for is someone who's gutsy enough to push the envelope and get you moving in the right direction.

Finally, get connected with a dad's support group. It's the most important thing you can do. I can't stress that enough.

Good luck. Lock & load.

Tom

[tom kirkpatrick]

Get your nose locked into Oregon Revised Statutes. In Oregon, it's the law of the land. You'll also find lotsa stuff in there that applies to your situation.

Remember, everything that applies to you must be virtually memorized, scripture and verse. That's the only way you can stand up to these bullies.

Lock & load, Bro. Don't ever give up.

Tom

[Fatheroffour]

They have office staff and software.

[Trevor]

They have office staff and software.

And law degrees. And having passed that pesky bar exam. Oh, and let's not forget, significant compensation for their efforts.

http://www.youtube.com/watch?v=ExWfh6sGyso