Oregon courts provide for an “emergency” custody order if a child is in “immediate danger” and Status Quo orders to maintain placement and routines. The requirements depend upon the timing of the request.
We can help you obtain an emergency custody order. Contact Us at (503) 223-8441 for a free consultation.
Pre-Judgment Custody Orders
Oregon courts can award temporary emergency custody even if there is no previous custody determination between the parties. ORS 107.097 provides in part that “[a] court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:
- (A) The party requesting an order is present in court and presents an affidavit alleging that the child is in immediate danger; and
- (B) The court finds, based on the facts presented in the party’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.”
Post-judgment Custody Orders
Oregon courts can also award emergency custody even if there is already a custody judgment between the parties. ORS 107.139 provides that “[f]ollowing entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:
- (A) A parent of the child is present in court and presents an affidavit alleging that the child is in immediate danger;
- (B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and
- (C) The court finds by clear and convincing evidence, based on the facts presented in the parent’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.”
The main difference between the two provisions is that ORS 107.139 requires that the party requesting the order to make a “good faith effort to confer with the other party regarding the purpose and time of the court appearance. Notice is not required for a pre-judgment request.
If the court grants an emergency custody order, the responding party is entitled to an expedited hearing. The issue at the hearing is limited to whether or not the child was in an immediate danger at the time the emergency order was issued.
The emergency custody statutes do not offer much guidance to the courts, and judges in the same courthouse can have different interpretations of what both “immediate” and “danger” mean.
Status Quo Orders.
Oregon courts are also authorized to enter status quo orders to preserve the living arrangements and parenting time plans between the parties until a final order can be made by the Court.
Temporary Protective Orders of Custody and Restraint are used to maintain each of the following during the pendency of the action:
(a) That the children continue to reside at their “usual place or residence”.
(b) Neither party shall interfere with the present placement and daily schedule of the children;
(c) Neither party shall hide or secret the children from the other party;
(d) Neither party shall interfere with the other party’s usual contact and visitation with the children;
(e) Neither party shall leave the State with the children without the written permission of the other party or the permission of the Court; and
(f) Neither party shall in any manner disturb the current schedule and daily routine of the children until custody or visitation has been determined.
Temporary Custody Orders are very important to establish custody and parenting time at the outset of the case. They provide immediate relief for children in danger from abuse, drugs and alcohol, and prevent either party from running off with the kids.
The evidentiary requirements and the standard of proof for protective orders are technical and require the advice of a skilled custody and parenting time attorney. The improper use of protective orders can have adverse consequences on the final orders entered in the case and can result in the award of substantial attorney fees when used improperly.
PAUL F. SHERMAN IS A SKILLED AND EXPERIENCED EMERGENCY CUSTODY AND PARENTING TIME ATTORNEY
Whether you need to establish temporary custody or preserve the status quo pending resolution of your case, or if you need assistance in following the correct procedures to obtain emergency custody or visitation for your child, you need the advice of an experienced child custody attorney. We recognize the impact any custody determination can have on the most import thing to you and your family, custody and quality parenting time with your child. The Law Offices of Paul F. Sherman has the experience necessary to address your concerns and to protect your rights.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVISE ON EMERGENCY CUSTODY AND PARENTING TIME ORDERS
We know you have more questions and we have the answers. If you would like to learn more about divorce, child custody or any family law matter, call the Law Offices of Paul F. Sherman at (503) 223-8441 for legal advice, or Contact Us for a FREE Consultation.