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Ex Parte Petition For Order Of Assistance Form. This is a Oregon form and can be use in Circuit Court Statewide.
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Tags: Ex Parte Petition For Order Of Assistance, 5B, Oregon Statewide, Circuit Court
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF _________________
________________________________,
Petitioner,
and
________________________________,
Respondent.
STATE OF ________________________
County of _________________________
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Case No. ______________________
EX PARTE PETITION
FOR ORDER OF ASSISTANCE
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I, Petitioner, request that the Court issue an Order of Assistance directing a peace officer of the
county or city in which the child/ren are located to assist in recovering the custody of the child/ren listed
in the attached affidavit.
Information Required by the Uniform Child Custody Jurisdiction and Enforcement Act.
1.
The Court that issued the Order I am asking this Court to enforce ‘ did
‘ did not identify the
jurisdictional basis it relied upon when it exercised jurisdiction over the child/ren. The basis was:
___________________________________________________________________________________
(fill out if the court did identify the jurisdictional basis)
___________________________________________________________________________________.
2.
The Order that I am asking the Court to enforce ‘ has ‘ has not been vacated, stayed or
modified. The name of the court, case number and nature of the proceeding is as follows: ___________
___________________________________________________________________________________
(fill out if the Order has been vacated, stayed or modified)
3.
No proceeding involving domestic violence, custody or any other issue regarding the child/ren
has been started that could affect this proceeding, except: _____________________________________
(List court, case number and nature of proceeding)
4.
The present physical address of the child and the other party is: __________________________
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___________________________________________________________________________________.
5.
The Order I am asking the court to enforce is a valid and current order which ‘ has ‘ has not
been registered and confirmed under the UCCJEA (ORS 109.787). [If the Order has been
registered, use the MOTION rather than this PETITION.]
Points and Authorities
ORS 107.437 allows the court to issue an order of assistance upon the sworn affidavit of the
applicant and a finding that the applicant is entitled to physical custody of the child/ren under a valid
and current custody order, and that the child is being held by another person in substantial violation of
the custody order.
Certificate of Document Preparation. You are required to truthfully complete this certificate
regarding the document you are filing with the court. Check all boxes and complete all blanks that
apply:
‘ I selected this document for myself and I completed it without paid assistance.
‘ I paid or will pay money to _______________________ for assistance in preparing this form.
DATED: _______________________, 20 _____.
____________________________________________________________________________________
Petitioner, Signature
Print Name
____________________________________________________________________________________
Address or Contact Address
City, State, Zip
Telephone or Contact Telephone
SIGNED AND SWORN to before me this ___________ day of _______________, 20 _____.
____________________________________
Notary Public for ____________/Court Clerk
My Commission Expires: _______________
I certify that this is a true copy.
___________________________________
Petitioner, Signature
Page 2 of 2, EX PARTE PETITION FOR ORDER OF ASSISTANCE
Petition5BVer03.wpd (12-04)
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