In the past, the use of ex parte orders to obtain custody of children at the outset of a custody battle were grossly abused. This practice has now been severely limited and the Courts in Oregon generally cannot enter an ex parte temporary order providing for the custody or parenting time of a child without an evidentiary hearing. Oregon Courts do however have the authority to enter a temporary order providing for custody and parenting time based on a showing that the child is in “immediate danger”.
Emergency protective orders based on the “immediate danger” standard are useful in cases involving serious drug and alcohol addiction, child abuse, sex abuse, severe neglect or punishment, mental illness, incarceration and other circumstances which require Court to protect the safety and well-being of the minor child.
A temporary protective order of custody and restraint which is commonly referred to as a “status quo order” may be issued ex parte at the outset of the case based on a proper showing set forth in an “affidavit” which conforms to the statutory requirements. Thus, Oregon Courts may issue a temporary protective order restraining the parties from the following acts:
(1) Changing the child’s usual place of residence;
(2) Interfering with the child’s present placement and daily schedule;
(3) Hiding or secreting the child from the other party;
(4) Interfering with the other party’s usual contact and parenting time with the child’;
(5) Leaving the state with the child without the written permission of the other party or the court; or
(6) In any manner disturbing the child’s current schedule and daily routine until custody or parenting time has been determined.
Any party served with a temporary protective order may request a hearing. Oregon Courts are required to make reasonable efforts to hold a hearing within 14 days and must hold the hearing no later than 21 days after receiving the request for hearing.
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 TEMPORARY CUSTODY AND PARENTING TIME ATTORNEY
If 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 emergence 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 TEMPORARY 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.