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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I, Peter Bunch, state as follows: 1.

I am one of the attorneys representing Respondent Terri Moulton Horman and TERRI LYNN MOULTON HORMAN, Respondent. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH In the Matter of the Marriage of: Case No. 100666084 KAINE ANDREW HORMAN, Petitioner, DECLARATION OF PETER BUNCH IN SUPPORT OF RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR CUSTODY, PARENTING AND PSYCHOLOGICAL EVALUATION

(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

Page 1 - DECLARATION OF PETER BUNCH IN SUPPORT OF RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR
CUSTODY, PARENTING AND PSYCHOLOGICAL EVALUATION
K:\PB\HORMAN, TERRI\RESPONSE TO MOTION FOR EVALUATION - DEC.DOC THE LAW FIRM OF PETER BUNCH, LLC 511 SE 11th Avenue, Suite 201 Portland, Oregon 97214 Telephone: 503.688.5123 Facsimile: 503.961.1559 email: peter@peterbunchlaw.com 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 which Kiara 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.

Page 2 - DECLARATION OF PETER BUNCH IN SUPPORT OF RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR
CUSTODY, PARENTING AND PSYCHOLOGICAL EVALUATION
K:\PB\HORMAN, TERRI\RESPONSE TO MOTION FOR EVALUATION - DEC.DOC THE LAW FIRM OF PETER BUNCH, LLC 511 SE 11th Avenue, Suite 201 Portland, Oregon 97214 Telephone: 503.688.5123 Facsimile: 503.961.1559 email: peter@peterbunchlaw.com 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. 9. Husband should be required to pay the cost of the evaluation. 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 information

about 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 15, 2013. THE LAW FIRM OF PETER BUNCH, LLC ___________________________________ Peter Bunch, OSB No. 942210 Of Attorneys for Respondent Trial Attorney: Peter Bunch
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Page 3 - DECLARATION OF PETER BUNCH IN SUPPORT OF RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR
CUSTODY, PARENTING AND PSYCHOLOGICAL EVALUATION
K:\PB\HORMAN, TERRI\RESPONSE TO MOTION FOR EVALUATION - DEC.DOC THE LAW FIRM OF PETER BUNCH, LLC 511 SE 11th Avenue, Suite 201 Portland, Oregon 97214 Telephone: 503.688.5123 Facsimile: 503.961.1559 email: peter@peterbunchlaw.com www.peterbunchlaw.com