ORS 107.097
Ex parte temporary custody or parenting time orders

  • temporary protective order of restraint
  • hearing

(1)

Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095 (Provisions court may make after commencement of suit and before judgment), 109.103 (Proceeding to determine custody or support of child) or 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) providing for the custody of, or parenting time with, a child.

(2)

Intentionally left blank —Ed.

(a)

A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767 (Information to be submitted to court).

(b)

Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A)

Changing the child’s usual place of residence;

(B)

Interfering with the present placement and daily schedule of the child;

(C)

Hiding or secreting the child from the other party;

(D)

Interfering with the other party’s usual contact and parenting time with the child;

(E)

Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F)

In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.

(c)

A copy of the order and the supporting affidavit or declaration under penalty of perjury must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a request for a hearing. In the request you must tell the court and the other party that you object to the order and specifically why you disagree with the representation of the status quo described in the order. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

(3)

Intentionally left blank —Ed.

(a)

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 or a declaration under penalty of perjury, alleging that the child is in immediate danger; and

(B)

The court finds, based on the facts presented in the party’s testimony, the party’s affidavit or declaration under penalty of perjury and the testimony of the other party, if the other party is present, that the child is in immediate danger.

(b)

The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

(c)

A copy of the order and the supporting affidavit or declaration under penalty of perjury must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a request for a hearing. In the request you must tell the court and the other party that you object to the order on the ground that the child was not in immediate danger at the time the order was issued. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

(4)

Intentionally left blank —Ed.

(a)

A party against whom an order is entered under subsection (2) or (3) of this section may request a hearing by filing with the court a hearing request described in subsection (2) or (3) of this section at any time while the order is in effect.

(b)

The court shall make reasonable efforts to hold a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.

(c)

An order issued under subsection (2) or (3) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.

(d)

The issue at a hearing to contest:

(A)

A temporary protective order of restraint is limited to a determination of the status quo at the time the order was issued. If the child’s usual place of residence cannot be determined, the court may make any further order the court finds appropriate in the best interests of the child.

(B)

A temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.

(5)

The State Court Administrator shall prescribe the content and form of a request for a hearing described in subsections (2) and (3) of this section.

(6)

As used in this section:

(a)

“Child’s usual place of residence” has the meaning given that term in ORS 107.138 (Temporary status quo order regarding child custody).

(b)

“Party’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” have the meanings given “parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” in ORS 107.138 (Temporary status quo order regarding child custody). [1995 c.792 §1; 1997 c.136 §1; 1997 c.386 §3; 1997 c.707 §6; 1999 c.59 §19; 1999 c.649 §44; 2007 c.11 §1; 2015 c.121 §4]

Source: Section 107.097 — Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

107.005
Annulment of void marriage
107.015
Grounds for annulment or dissolution of marriage
107.025
Irreconcilable differences as grounds for dissolution or separation
107.036
Doctrines of fault and in pari delicto abolished
107.046
Appearance by public official
107.055
Appearance by respondent
107.075
Residence requirements
107.085
Petition
107.086
Where to file petition
107.087
When petition to be served on Division of Child Support
107.088
Clerk of court to furnish certain information when petition is filed
107.089
Documents parties must furnish to each other
107.092
Notice that spouse may continue health insurance coverage
107.093
Restraining order
107.094
Forms for restraining order and request for hearing
107.095
Provisions court may make after commencement of suit and before judgment
107.097
Ex parte temporary custody or parenting time orders
107.101
Policy regarding parenting
107.102
Parenting plan
107.103
Alternative dispute resolution conference procedure
107.104
Policy regarding settlement
107.105
Provisions of judgment
107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
107.108
Support or maintenance for child attending school
107.111
When parents equally responsible for funeral expenses of child
107.115
Effect of judgment
107.118
Definitions for ORS 107.118 to 107.131
107.121
Revocation of designation of beneficiary upon entry of judgment
107.124
Effect of revocation
107.127
Notice of revocation
107.131
Conveyance or release of contingent or expectant interests
107.133
Remedy following conviction for attempted murder or conspiracy to commit murder
107.135
Vacation or modification of judgment
107.136
Reinstatement of terminated spousal support
107.137
Factors considered in determining custody of child
107.138
Temporary status quo order regarding child custody
107.139
Post-judgment ex parte temporary custody or parenting time order
107.145
Legislative findings regarding deployed parent
107.146
Expedited hearing upon motion by deployed parent
107.149
Policy regarding parents and their children
107.154
Authority of parent when other parent granted sole custody of child
107.159
Notice of change of residence
107.164
Parents’ duty to provide information to each other
107.169
Joint custody of child
107.174
Modification of order for parenting time
107.179
Request for joint custody of children
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
107.405
Powers of court in dissolution, annulment or separation proceedings
107.406
Legislative findings
107.407
Petition to set aside spousal support provisions of judgment
107.408
Duty to provide income tax information
107.412
Procedure applicable to ORS 107.407
107.415
Notice of change of status of child
107.425
Investigation of parties in domestic relations suit involving children
107.431
Modification of portion of judgment regarding parenting time or child support
107.434
Expedited parenting time enforcement procedure
107.437
Order of assistance to obtain custody of child held in violation of custody order
107.445
Attorney fees in certain domestic relations proceedings
107.449
Transfer of proceeding under ORS 107.135 to auxiliary court
107.452
Reopening case if assets discovered after entry of judgment
107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings
107.465
Conversion of judgment of separation into judgment of dissolution
107.475
Court to determine duration of separation
107.485
Conditions for summary dissolution procedure
107.490
Commencement of proceeding
107.500
Forms
107.510
Definitions for ORS 107.510 to 107.610
107.520
Establishment of conciliation jurisdiction
107.530
Source of conciliation services
107.540
Conciliation jurisdiction by court
107.550
Petition for conciliation jurisdiction
107.560
Effect of petition
107.570
Notice
107.580
Restriction of services
107.590
Court orders
107.600
Privacy of proceedings
107.610
Qualifications of conciliation counselors
107.615
Fees to support services
107.700
Short title
107.705
Definitions for ORS 107.700 to 107.735
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act
107.710
Petition to circuit court for relief
107.716
Hearing
107.717
Appearance by telephone or two-way electronic communication device
107.718
Restraining order
107.719
Removal of personal effects
107.720
Enforcement of restraining orders
107.721
Petitioner’s change of residence
107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
107.723
Service of restraining order
107.725
Renewal of order entered under ORS 107.716 or 107.718
107.726
Standing to petition for relief of person under 18 years of age
107.728
Where to file petition
107.730
Modification of order entered under ORS 107.700 to 107.735
107.732
Recovering custody of child
107.735
Duties of State Court Administrator
107.755
Court-ordered mediation
107.765
When referral to mediation permitted
107.775
Methods of providing mediation services
107.785
Privacy of proceedings
107.795
Availability of other remedies
107.810
Policy
107.820
Support order as insurable interest
107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor
107.830
Physical examination may be ordered
107.835
Waiver of personal service in subsequent contempt proceeding
107.837
Attorney fees
107.840
Confidentiality of Social Security numbers
107.843
Supplemental judgments
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