declaration of peter bunch - august 2013

7/30/2019 Declaration of Peter Bunch - AUGUST 2013

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Page 1 - DECLARATION OF PETER BUNCH IN SUPPORT OF RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FORCUSTODY, PARENTING AND PSYCHOLOGICAL EVALUATION K:\PB\HORMAN, TERRI\RESPONSE TO MOTION FOR E VALUATION - DEC.DOC

THE LAW FIRM OF PETER BUNCH, LLC511 SE 11th Avenue, Suite 201Portland, Oregon 97214

Telephone: 503.688.5123 F acsimile: 503.961.1559email: [email protected]

www.peterbunchlaw.com

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

In the Matter of the Marriage of:

KAINE ANDREW HORMAN,

Petitioner,

and

TERRI LYNN MOULTON HORMAN,

Respondent.

Case No. 100666084

DECLARATION OF PETER BUNCHIN SUPPORT OF RESPONDENT'SRESPONSE TO PETITIONER'SMOTION FOR CUSTODY,PARENTING AND PSYCHOLOGICALEVALUATION

I, Peter Bunch, state as follows:1. I am one of the attorneys representing Respondent Terri Moulton Horman

(Wife) in this dissolution of marriage proceeding. I make this declaration in support of

her response to the motion for custody, parenting and psychological evaluation filed by

Petitioner Kaine Horman (Husband).

2. Wife agrees that a custody evaluation is appropriate, provided that she

reserves her rights under the Fifth Amendment to the United States Constitution and

Article I, section 12, of the Oregon Constitution. Because the police will not provide

information about their investigation into Wife, she will limit her participation in the

evaluation to preserve her constitutional rights. To that end, should the court grant

Husbands motion, Wife will move for a protective order to limit her participation in the

evaluation.

3. There are many reasons why an evaluation should promptly be

conducted. Husband took it upon himself to essentially terminate Wifes parental role


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THE LAW FIRM OF PETER BUNCH, LLC511 SE 11th Avenue, Suite 201

Portland, Oregon 97214 Telephone: 503.688.5123 F acsimile: 503.961.1559

email: [email protected] www.peterbunchlaw.com

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with Kiara Horman. Throughout this proceeding, Husband has declined every attempt

by Wife's lawyers to negotiate a time for Wife to see Kiara, even though Wife offered to

see the child under very strictly supervised conditions. Wife anticipates that an

evaluation will support her contention that Husbands actions were not in Kiaras best

interests. Further, there are a number of troubling aspects of Husbands prior conduct

and parental decisions that should be thoroughly investigated by the evaluator. Finally,

Husband and the police have perpetuated the dissemination of inaccurate information

about the circumstances of the disappearance of Kyron Horman, a situation which

should also be assessed by the evaluator.

4. Next, even though Wife must necessarily limit her participation in the

evaluation, there are multiple collateral sources who can provide information to the

evaluator about Wifes capable parenting skills. Finally, an evaluation will provide

valuable information for the court to use in determining the circumstances under whichKiara should be reunited with her mother.

5. Opposing counsel did not provide any suggestions to the court regarding

evaluators. Accordingly, I ask that the court enter an order requiring a custody and

parenting plan evaluation to be performed by an independent psychologist conducted in

accordance with the Guidelines for Child Custody Evaluations in Divorce Proceedings ,

as set forth in 49 AMERICAN PSYCHOLOGIST 677-80 (1994).

6. Pursuant to ORS 107.425, Respondent submits the following list of

experts who may be available to perform the independent evaluation, from which the

court can choose to perform the independent examination:

a. Dr. Edward Vien, a clinical psychologist. He requires a retainer of

$7,500. His report can likely be completed by March 2014.

b. Dr. Robert Loveland, a clinical psychologist. He requires a retainer

of $6,500. His report can likely be completed by December 2013.


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THE LAW FIRM OF PETER BUNCH, LLC511 SE 11th Avenue, Suite 201

Portland, Oregon 97214 Telephone: 503.688.5123 F acsimile: 503.961.1559

email: [email protected] www.peterbunchlaw.com

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c. Dr. Harry Dudley, a clinical psychologist. He requires a retainer of

$4,000. His report can be likely completed by December 2013.

7. Resumes for Drs. Vien, Loveland, and Dudley are attached and

incorporated as Exhibit 1.

8. Husband should be required to pay the cost of the evaluation.

9. To preserve the integrity of the evaluation, I request that the court order

that, until the evaluator has issued a written report, neither attorney for the parties shall

communicate with the evaluator other than to locate a client, assist in scheduling

matters, or inquire as to the expected completion date of the evaluation, unless such

communication is conducted jointly with the attorneys and the evaluator. I also request

that any written materials supplied to the evaluator by either attorney and party be

copied to the other attorney.

10. Because the written report will contain sensitive personal informationabout each party and the parties child, I request that the evaluators written report be

subject to a protective order as set forth in the motion that accompanies this declaration.

11. I declare that the above statements are true to the best of my knowledge

and belief, and that I understand they are made for use as evidence in court and are

subject to penalty for perjury.

DATED on August 1 5, 2013.

THE LAW FIRM OF PETER BUNCH, LLC

___________________________________ Peter Bunch, OSB No. 942210Of Attorneys for Respondent

Trial Attorney: Peter Bunch

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declaration of peter bunch - august 2013

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