Back to: How To Get Your Children Back In Juvenile or Family Court
File A Motion To Dismiss The Petition
Try this RIGHT AWAY before the 72 hour hearing or the first FACT FINDING HEARING. After that you can’t use it to dismiss the petition because decisions have already been made on it.
CLICK HERE to download a sample one for Oregon. (Microsoft Word)
CLICK HERE to download a sample one for Oregon (Open Office)
Of course you will have to put your court caption and taylor it to meet your personal needs and with the laws and case laws of your state.
You may need to have an Affidavit In Support of your motion or a Memorandum In Support. Or, you may not need any at all. Check your states rules of procedure.
Once you get yours designed, run it past a paralegal to see if it has everything you need in it.
Then you will have to submit it to the court.
You will also have to submit it to all of the attorneys on the case.
Of course they will all object to it but don’t be disheartend. That is just what they do to try and stop you. It is up to the judge and not them. The reason they object to it is because if they do not, you can have what ever you asked for in your motion without a fight with the attorneys. So, they all automatically object so that you don’t easily get your way.
Find out when they will have a hearing to discuss your motion.
You may have to put in a MOTION TO SET HEARING just to have the court make a decision on your motion to dismiss. All the attorneys and the court have to agree on a date to do it.
Usually not. It is usually brought up at the 72 hour hearing or the Fact Finding Hearing.
Because the judge knows that you are new to all of this, they will try to pass it up at that hearing.
If the judge just passes it over, (And they will.) when it is your turn to talk, remind the judge that you have submitted a Motion to Dismiss and that would like it ruled on before the hearing can go any further.
Review your motion to dismiss because you are going to have to do a short summery verbably in court.
Remember to end your summery with a request that the petition be dismissed. Motions are about ASKING the court to do something. You are asking the court to issue new orders.