Marital Dissolution, Annulment and Separation

ORS 107.138
Temporary status quo order regarding child custody


(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after:


Notifying the other party; and


Giving the other party an opportunity to contest issuance of the order.


The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, setting forth with specificity the information required by ORS 109.767 (Information to be submitted to court) and the person with whom the child has lived during the preceding year and the child’s current schedule, daily routine and usual place of residence.


Notice to the party against whom the motion for the order is sought must be served at least 21 days before the date set for the hearing. The issue at the hearing is limited to a determination of the status quo at the time the motion for the order was filed.


A temporary status quo order restrains and enjoins each parent from:


Changing the child’s usual place of residence;


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


Hiding or secreting the child from the other parent;


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


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


In any manner disturbing the current schedule and daily routine of the child until the motion for modification has been granted or denied.


For purposes of this section:


“Child’s usual place of residence” means the place where the child is living at the time the motion for the temporary order is filed and has lived continuously for a period of three consecutive months, excluding any periods of time during which the noncustodial parent did exercise, or would otherwise have exercised, parenting time.


“Parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” mean the contact, parenting time, placement, schedule and routine at the time the motion for the temporary order is filed. [1995 c.792 §2; 1997 c.136 §2; 1997 c.386 §1; 1997 c.707 §§10,10a; 1999 c.649 §47; 2015 c.121 §5]
Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Last accessed
Jun. 26, 2021