Baker Supp. L. R. 16 app A
See SLR 8.075
BAKER COUNTY STANDARD PARENTING PLAN
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___________________________, | ) |
Petitioner, | ) STANDARD PARENTING PLAN |
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And | ) CASE NO.: ___________________________ |
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___________________________, | ) |
Respondent. | ) |
It is the policy of this court to encourage parents to work out their own Parenting Plan, either between themselves, with the help of legal professionals or through mediation. The court will generally approve any Parenting Plan agreed upon by the parents.
The intent of the Standard Parenting Plan is to provide a Parenting Plan to parents who have not been able to agree to an alternate, more flexible plan. Because each family's circumstances are different, the court may make provisions for more or less parenting time than provided for in the Standard Parenting Plan.
This parenting plan may not be suitable when there are safety concerns due to substance abuse or domestic violence. When there are safety concerns, parents should develop a Safety Focused Parenting Plan. Information and forms are available at www.courts.oregon.gov/programs/familyand at the court's public counter.
All provisions of this parenting plan will be in effect beginning when this parenting plan is made an order of the court. The provisions of this parenting plan shall override any earlier existing parenting plan.
1. GENERAL INFORMATION
1.1 The parent's names are _________________________and ______________________.
1.2 This parenting plan applies to the following child(ren):
Date of Birth | |
__________________________________ __________________________________ __________________________________ __________________________________ | _______________ _______________ _______________ _______________ |
2. DESIGNATION OF RESIDENTIAL PARENT
For purposes of the Standard Parenting Plan, the residential parent means the parent who provides the primary residence for the children. The non-residential parent means the parent who has parenting time with the children according to the schedule provided in the Standard Parenting Plan. ( ) Mother ( ) Father shall be considered the residential parent. (Check one.)
3. DECISION MAKING
3.1 Major Decisions (Joint or Sole Custody)
The terms Sole and Joint Custody indicate how parents will handle major decisions about the children. Major decisions include, but are not limited to, decisions about the children's education, non-emergency health care and religious training. The terms Sole and Joint Custody have nothing to do with the amount of time that children spend with either parent, nor do they effect child support calculations. The court cannot order Joint Custody unless both parents agree to it.
( ) 3.1(a) Sole Custody. The residential parent shall have sole decisions making authority on major decisions about the children.
( ) 3.1(b) Joint Custody. Both parents will share in the responsibility for making major decisions about the children.
3.2 Day-to-Day Decisions
Each parent shall make decisions regarding the day-to-day care and control of the children while the parent is caring for the children. Both parents are authorized to make emergency decisions affecting the health and safety of the children.
3.3 Decisions about the Parenting Time Schedule
Parents may decide by mutual agreement to change the parenting time schedule. However, one parent cannot decide to change the schedule without the other parent's approval.
4. SPECIAL PROVISIONS FOR PARENTING TIME SCHEDULE
4.1 If there are children who would have different parenting time schedules because they are in different age groups, parenting time for all of the children shall be based upon the schedule for the oldest child that is present for the parenting time, unless a child is younger than 12 months. In that case, the schedule for Children ages birth to 12 months shall apply to that child.
4.2 If parents live no more than 60 miles apart at the time the order is signed, the nonresidential parent is entitled to have the children according to the schedule described in Section 5. If parents live more than 60 miles apart at the time the order is signed, the non-residential parent is entitled to have the children according to the schedule described in Section 18.
5. PARENTING TIME SCHEDULE
The non-residential parent is entitled to have the children as follows:
5.1 Weekend and Weekday Schedule
5.1(a) Children ages birth to 12 months. Two times per week for three hours on consistent weekdays selected by the residential parent and on alternate Saturdays from 9 a.m. until 3 p.m.
5.1(b) Children ages 12 months to 36 months. Two times per week for three hours on consistent weekdays selected by the residential parent and on alternate weekends from 6 p.m. on Friday until 6 p.m. on Saturday.
5.1(c) Children over 36 months.Alternating weekends from 6 p.m. on Friday until 6 p.m. on Sunday, and on alternate Mondays from 6 p.m. until 8 p.m. on the Monday preceding the non-residential parent's alternate weekend with the children. If the Monday following the non-residential parent's weekend is a school closure day, parenting time shall be extended to Monday until 6 p.m. If the Friday preceding the non-residential parent's weekend is a school closure day, parenting time shall begin at 6 p.m. on Thursday.
5.1(d) Extended weekends for children 5 years and over. If both parents agree, or the Court so orders, the non-residential parent's alternating weekend shall be from 6 p.m. on Friday until 9 a.m. on Monday, or when school begins, whichever is earlier.
5.1(e) Special weekend and weekday provisions.If both parents agree, or the Court so orders, the following provisions shall apply:
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5.2 Summer Schedule
5.2(a) Prior to May 1, the non-residential parent shall notify the residential parent in writing, of the summer parenting time schedule. If the non-residential parent fails to provide the summer schedule by May 1, then the residential parent shall notify the non-residential parent of the summer schedule, in writing, by May 20. The summer schedule must not conflict with any holiday schedule described in Sections 5.3 - 5.12.
5.2(b) Whether or not the children are enrolled in school, the non-residential parent is entitled to have the children for the total amount of time described below during the period of school summer vacation.
5.2(c) Children ages birth to 36 months. Parenting time remains the same as the rest of the year.
5.2(d) Children between ages 36 months and 60 months (5 years) before June 1. Three one-week blocks, scheduled to include the non-residential parent's alternate weekends. One week shall be in June, one in July, and one in August. There shall be at least two weeks between each of the one-week blocks. Alternate weekends continue throughout summer.
5.2(e) Children over age 60 months (5 years) by June 1. Thirty-five days (5 weeks) scheduled so that neither parent has the children for more than 19 consecutive days. If either parent has the children for two weekends in a row, the other parent is entitled to have the children for the following weekend. Alternate weekends are discontinued.
5.2(f) Special summer schedule provisions. If both parents agree, or the Court so orders, the following provisions shall apply:
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5.3 Holiday Schedule
5.3(a) The Holiday Schedule described below shall override the Weekend and Weekday Schedule and the Summer Schedule.
5.3(b) Whenever the Holiday Schedule causes one parent to have the children for two weekends in a row, the alternating weekend pattern will restart, so that the other parent will have the children on the next weekend.
5.3(c) If both parents agree, or if the Court so orders, the following special holiday schedule provisions shall apply. Whether or not the children are enrolled in school, the Holiday Schedule will be as follows:
Non-residential Parent | Residential Parent | |
Winter Vacation | Even years | Odd years |
Thanksgiving | Odd years | Even years |
Easter | Even years | Odd years |
Memorial Day | Odd years | Even years |
Fourth of July | Even years | Odd years |
Labor Day | Odd years | Even years |
Halloween | Even years | Odd years |
Spring Break | Odd years | Even years |
Children's Birthday | Even years | Odd years |
5.4 Winter Vacation
5.4(a) Children ages birth to 12 months. Parenting time shall be from 9 a.m. until 6 p.m. on December 25th in the even numbered years. In odd numbered years on December 24th from 9 a.m. until 6 p.m.
5.4(b) Children ages 12 months to 36 months. Parenting time shall be from 6 p.m. on December 24th until 6 p.m. on December 25th in even numbered years and in odd numbered years from 6 p.m. on December 25th until 6 p.m. on December 26th.
5.4(c) Children over 36 months.In even numbered years, the non-residential parent shall have the children from noon on the day after school adjourns until noon on December 26, and the residential parent shall have the children from noon on December 26 until school resumes. In odd numbered years, the residential parent shall have the children from noon on the day after school adjourns until noon on December 26, and the non-residential parent shall have the children from noon on December 26 until noon on the day before school resumes.
5.5 Thanksgiving
5.5(a) Children ages birth to 36 months.Parenting time shall be from 9 a.m. until 6 p.m. on Thanksgiving Day.
5.5(b) Children over 36 months. Parenting time shall be from 6 p.m. on Wednesday evening prior to Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
5.6 Easter
5.6(a) Children ages birth to 36 months. Parenting time shall be from 9 a.m. until 6 p.m. on Easter Sunday.
5.6(b) Children over 36 months. Parenting time shall be from 6 p.m. Saturday evening prior to Easter Sunday until 6 p.m. on Easter Sunday.
5.7 Memorial Day and Labor Day
5.7(a) Children ages birth to 36 months. Parenting time shall be on the day of the holiday from 9 a.m. until 6 p.m.
5.7(b) Children over 36 months. Parenting time shall be from 6 p.m. on the Friday preceding the holiday until 6 p.m. on the day of the holiday.
5.8 Fourth of July
5.8(a) Children ages birth to 36 months.Parenting time shall be from 9 a.m. until 6 p.m. on July 4th.
5.8(b) Children over 36 months.Parenting time shall be from 9 a.m. on July 4th until 6 p.m. on July 5th.
5.9 Halloween
5.9(a) Children ages birth to 36 months.Parenting time shall be from 6 p.m. until 8 p.m.
5.9(b) Children over 36 months.Parenting time shall be from 3 p.m., or when school ends until 8 p.m.
5.10 Spring Break
5.10(a) Children over 36 months.Each parent will have the children for their normal alternating weekend. Parenting time shall be for the mid-week days of Spring Break from 6 p.m. on Sunday until 6 p.m. on Friday.
5.11 Children's Birthdays
5.11(a) Children ages birth to 36 months.Parenting time shall be from 9 a.m. until 6 p.m.
5.11(b) Children over 36 months.If the birthday falls on a school day, parenting time shall be from 3 p.m. until 8 p.m. If on a non-school day, from 9 a.m. until 6 p.m.
5.11(c) If the birthday falls on another holiday that is listed in 5.3, then the parents shall use the schedule for the holiday instead of the schedule for the birthday.
5.12 Mother's Day, Father's Day and Parent's Birthdays
5.12(a) Children shall spend the day with Mother on Mother's Day and on Mother's birthday from 9 a.m. until 6 p.m.
5.12(b) Children shall spend the day with Father on Father's Day and on Father's birthday from 9 a.m. until 6 p.m.
5.12(c) If the parent's birthday falls on a school day, then parent's time shall be from the end of school until 8 p.m. If the parent's birthday falls on a holiday that is listed in 5.3, then parents will follow the schedule as described in Sections 5.3 - 5.12.
5.13Parenting Time Calculation
5.13(a) The table below indicates the average number of overnights that each parent will have the children each year. Significant non-overnight time with the non-residential parent may influence child support calculations. The Oregon Division of Child Support Online Child Support Calculator is available at www.dcs.state.or.us/calculator.
Ages of children | Overnights with Residential Parent (Parent A) | Overnights with Non-residential Parent (Parent B) |
Birth to 12 months | 365 | 0 |
12months to 36 months | 338 | 27 |
36 months to 60 months | 287 | 78 |
Over 60 months | 280 | 85 |
Extended Weekends (see 5.1(d)) | 258 | 107 |
With Special Provisions |
6. INFORMATION SHARING
6.1 Unless otherwise ordered by the court, each parent shall have equal access to important information about the children, including, but not limited to the children's current mailing and street addresses, telephone number, and the name, telephone number and street address of any day care provider.
6.2 Each parent must immediately notify the other about any emergency circumstances or substantial changes in the health of the children. Unless otherwise ordered by the court, both parents shall be listed as emergency contacts at day care and school.
6.3 If either parent takes the children from that parent's usual residence for 24 hours or more, that parent shall notify the other parent of any emergency contact phone number and where the children will be staying.
6.4 Unless otherwise ordered by the court, both parents always have the right:
6.4(a) To inspect and receive school records and to consult with school staff concerning the children's welfare and education.
6.4(b) To inspect and receive governmental agency and law enforcement records concerning the children.
6.4(c) To consult with any person who may provide care or treatment for the children and to inspect and receive the children's medical, dental and psychological records.
6.4(d) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child.
7. FUTURE MOVE OF A PARENT
7.1 Parents shall provide each other and the court with at least 45 days written notice of any planned move more than 60 miles further distance from the other parent.
7.2 Unless otherwise ordered by the court, each parent shall:
7.2(a) Provide the other parent with his or her contact phone number and contact address.
7.2(b) Notify the other parent and this court of any change in his or her contact telephone number and contact address within 72 hours of the change.
7.3 If the Parenting Time Schedule would be disrupted because of a parent's intended move, the Parenting Time Schedule must be changed by mutual agreement of the parents or by a modification that is ordered by the court.
8. PARENT-CHILD COMMUNICATION
8.1 Both parents and the children shall have the right to communicate by telephone, in writing, by e-mailing, or by video transmission (if available) during reasonable hours without interference or monitoring by the other parent.
8.2 Unless otherwise agreed by the parents, telephone calls or video transmissions shall be limited to no more than three per week and each call or transmission shall last no more than 20 minutes.
9. EXCHANGE OF CHILD FROM ONE PARENT TO THE OTHER
9.1 Both parents shall have the children fed and ready on time with sufficient clothing packed and ready at the time of exchange. All clothing that accompanies the children shall be returned to the other parent.
9.2 When parents live no more than 60 miles apart, the non-residential parent shall pick up the children from the residential parent's residence no earlier than, nor later than 15 minutes from the scheduled beginning of the parenting time. The residential parent shall pick up the children from the non-residential parent's residence no earlier than, nor later than 15 minutes from the ending of the non-residential parent's parenting time. If the parents have chosen or the court has ordered extended weekends, the children shall be dropped off at school at the beginning of the school day whenever possible.
9.3 Unless otherwise ordered by the court, parents who live more than 60 miles apart will equally participate in the cost and effort of exchanging the children from one parent to the other.
9.4 Either parent may authorize other individuals who are known to the children to provide the transportation for the exchange of the children. Anyone who drives while transporting the children will have a valid driver's license and vehicle insurance.
9.5 Special provisions:
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10. CAR SEATS
Each parent shall use age appropriate car seats or other appropriate safety devices when the children are being transported.
11. MEDICATIONS
If a licensed physician has prescribed medication for the children, both parents shall see that the medications are administered as prescribed.
12. AFFECTION AND RESPECT
Neither parent shall say things or allow others to say things in the children's presence that would interfere with the children's love and respect for the other parent.
13. SCHOOL INVOLVEMENT
Unless otherwise ordered by the court, both parents are encouraged to participate in the children's school activities including, but not limited to, visiting the classroom, attending parent-teacher conferences, and attending sports and cultural activities.
14. PARENT CONTROL OF CHILDREN'S ACTIVITIES
Parents are encouraged to cooperate when scheduling activities for the children. Neither parent may schedule activities for the children that occur during the other parent's time with the children without the other parent's consent.
15. MISSED PARENTING TIME
5.1 Personal plans of a parent or a child, or school, church, or other activities will not be reasons for failing to follow the Parenting Time Schedule. The children will not be permitted to decide whether or not they wish to be with a parent. The residential parent shall not cancel parenting time for any reason without the agreement of the non-residential parent.
15.2 Only substantial medical reasons will be considered sufficient for postponement of parenting time. If a child is ill and unable to visit, a make-up parenting time shall occur on the following weekend. If the non-residential parent fails to exercise his or her parenting time, there will be no make-up parenting time.
16. MEDIATION
The parents will attempt to cooperatively resolve any disagreements that arise over the terms of the Parenting Plan. If the parents are unable to resolve a disagreement, they must use mediation first. Any cost for mediation shall be shared equally by the parents. A written record shall be prepared of any agreement reached in mediation and shall be filed with the court along with copies provided to each parent. If the parents are unable to resolve a disagreement through any other dispute resolution process, the disagreement shall be resolved through court action.
17. ADDITIONAL PROVISIONS:
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18. MEDIUM AND LONG-DISTANCE PARENTING TIME
Parents who live far apart will have the children according to the schedule described below. All other provisions of this parenting plan are unchanged except as described below. When parents live more than 60 miles apart, but less than 250 miles apart, the non-residential parent is entitled to have the children according to the schedule labeled Medium Distance. When parents live more than 250 miles apart, the non-residential parent is entitled to have the children according to the schedule labeled Long Distance.
18.1 Weekend and Weekday Schedule
18.1(a) Prior to August 15th each year the non-residential parent shall notify the residential parent in writing of the dates of the parenting time weekends to be scheduled during the school year. The selected dates shall include any holidays listed in Section 5.3 - 5.12. If the non-residential parent fails to provide such written notice prior to August 15th, the residential parent is entitled to designate those weekends, so long as they include any holidays listed in 5.3 - 5.12. The residential parent shall notify the nonresidential parent in writing by August 31st.
18.1(b) Children birth to 12 months.
Medium Distance: Two hours every Saturday and two hours every Sunday in the location where the residential parent resides, according to a schedule determined by the residential parent.
Long Distance: Same as for Medium Distance.
18.1(c) Children ages 12 months to 36 months.
Medium Distance: On alternating weekends from 9 a.m. Saturday until 6 p.m. Sunday.
Long Distance: Same as for the Medium Distance except that parenting time will occur at the location where the residential parent resides.
18.1(d) Children over 36 months.
Medium Distance: Alternating weekends from 6 p.m. on Friday until 6 p.m. on Sunday. If the Monday following the non-residential parent's weekend is a school closure day, parenting time shall be extended to Monday until 6 p.m. If the Friday preceding the non-residential parent's weekend is a school closure day, parenting time shall begin at 6 p.m. on Thursday.
Long Distance: One weekend per month, which shall include up to two weekdays attached to the weekend, so long as the children are not attending school on those days. Children shall return to the residential parent's home no later than 6 p.m. on the day prior to a school day.
18.1(e) Special weekend and weekday provisions.
If both parents agree, or the Court so orders, the following provisions shall apply:
18.2 Summer Schedule
18.2(a) Prior to May 1, the non-residential parent shall notify the residential parent, in writing, of the summer parenting time schedule. If the non-residential parent fails to provide the summer schedule by May 1, then the residential parent shall notify the non-residential parent of the summer schedule in writing by May 20.
18.2(b) The Medium Distance summer schedule must not conflict with any holiday schedule described in Sections 5.3 - 5.12. If the Long-Distance summer schedule conflicts with the schedule for Father's Day, 4th of July or a birthday, the residential parent may have parenting time as described in Sections 5.3 - 5.12 in the location where the non- residential parent resides and at the residential parent's expense.
18.2(c) Whether or not the children are in school, the non-residential parent is entitled to have the children for the total amount of time described below during the period of school summer vacation.
18.2(d) Children ages birth to 12 months.
Medium Distance: Parenting time remains the same as the rest of the year, as described in Section 18.1(a).
Long Distance: Same as for Medium Distance.
18.2(e) Children between ages 12 months to 36 months before June 1.
Medium Distance: Parenting time remains the same as the rest of the year, as described in Section 18.1(a).
Long Distance: Three weekends in the location where the residential parent resides from 9 a.m. Saturday until 6 p.m. Sunday, and three long weekends in the location where the non-residential parent resides, one in June, one in July and one in August from 6 p.m. Friday until 6 p.m. Sunday.
18.2(f) Children between ages 36 months to 60 months (5 years) before June 1.
Medium Distance: Three one-week blocks (seven days). One week shall be in June, one in July, and one in August. There shall be at least two weeks between each of the one-week blocks. Alternate weekends are discontinued.
Long Distance: Three weekends in the location where the residential parent resides from 9 a.m. Saturday until 6 p.m. Sunday, and three long weekends in the location where the non-residential parent resides, one in June, one in July and one in August from 6 p.m. Friday until 6 p.m. Sunday.
18.2(g) Children between ages 60 months to 96 months (8 years) before June 1.
Medium Distance: Thirty-five days (5 weeks) scheduled so that neither parent has the children for more than 19 consecutive days. If either parent has the children for two weekends in a row, the other parent is entitled to have the children for the following weekend. Alternate weekends are discontinued.
Long Distance: Thirty-five consecutive days (5 weeks).
18.2(h) Children over 96 months (8 years) before June 1.
Medium Distance: Forty-two days (6 weeks) scheduled so that neither parent has the children for more than 19 consecutive days. If either parent has the children for two weekends in a row, the other parent is entitled to have the children for the following weekend. Alternate weekends are discontinued.
Long Distance: Sixty-three consecutive days (9 weeks).
18.2(i) Special summer schedule provisions.
If both parents agree, or the Court so orders, the following provisions shall apply:
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18.3 Holiday Schedule
18.3(a) Parents who live more than 60 miles apart will follow the Holiday Schedule and provisions described in Sections 5.3-5.12 except as described below.
18.3(b) If both parents agree, or if the court so orders, the following special holiday schedule provisions shall apply.
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18.4 Winter Vacation
18.4(a) Children birth to 12 months.
Medium Distance: Same as described in Section 5.3 - 5.12 except that parenting time will occur in the location where the residential parent resides.
Long Distance: Same as for Medium Distance.
18.4(b) Children ages 12 months to 36 months.
Medium Distance: Same as described in Section 5.3 - 5.12.
Long Distance: Same as described in Section 5.3 - 5.12 except that parenting time will occur in the location where the residential parent resides.
18.4(c)Children over 36 months.
Medium Distance: Same as described in Section 5.3 - 5.12.
Long Distance: Same as for Medium Distance.
18.5 Thanksgiving
18.5(a) Children birth to 12 months.
Medium Distance: Parenting time shall be from 9 a.m. until 6 p.m. on Thanksgiving Day in the location where the residential parent resides.
Long Distance: Same as for Medium Distance.
18.5(b) Children ages 12 months to 36 months.
Medium Distance: From noon on the day prior to Thanksgiving until 6 p.m. on Thanksgiving Day.
Long Distance: The same as for Medium Distance, except that parenting time will occur in the location where the residential parent resides.
18.5(c) Children over 36 months.
Medium Distance: From noon the day prior to Thanksgiving until 6 p.m. on the Sunday following Thanksgiving.
Long Distance: Same as for Medium Distance.
18.6 Easter, Memorial Day, Fourth of July, Halloween, Labor Day, Children's Birthdays, Mother's Day, Father's Day, and Parent's Birthday.
18.6(a) Children birth to 12 months.
Medium Distance: The same as described in Section 5.3 - 5.12 except that parenting time will occur in the location where the residential parent resides.
Long Distance: Same as for Medium Distance.
18.6(b) Children ages 12 months to 36 months.
Medium Distance: The same as described in Section 5.3 - 5.12.
Long Distance: The same as for Medium Distance, except that parenting time will occur in the location where the residential parent resides.
18.6(c) Children over 36 months.
Medium Distance: The same as described in Section 5.3 - 5.12.
Long Distance: Same as for Medium Distance.
18.7 Spring Break
18.6(c) Children over 36 months.
Medium Distance: The same as described in Section 5.3 - 5.12.
Long Distance: From 6 p.m. the day school adjourns until noon on the day before school resumes.
18.8 Parenting Time Calculation
18.8(a) The table below indicates the average number of overnights that each parent will have the children each year. These estimates may be used to calculate each parent's child support obligation by inserting the number into the Oregon Division of Child Support Online Child Support Calculator at www.dcs.state.or.us/calculator.
Ages of children | Overnights with Residential Parent (Parent A) | Overnights with Non-residential Parent (Parent B) |
Birth to 12 months | Medium and Long: 365 | Medium and Long: 0 |
12months to 36 months | Medium: 333 Long: 325 | Medium: 32 Long: 40 |
36 months to 60 months | Medium: 283 Long: 297 | Medium: 95 Long: 68 |
60 months to 96 months | Medium: 270 Long: 280 | Medium: 95 Long: 85 |
Over 96 months | Medium: 270 Long: 267 | Medium: 95 Long: 98 |
With Special Provisions |
18.9 Other:
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19. SIGNATURE
Your signature indicates to the court that you understand and agree to abide by the terms of this Parenting Plan. You are advised to seek legal counsel prior to signing. This Parenting Plan becomes legally binding when it is attached as an Exhibit to a Judgment or Order that is signed by a Judge.
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Petitioner Signature Date
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Respondent Signature Date
Baker Supp. L. R. 16 app A