Oregon Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

2. 2

   Oregon calls this an ex parte temporary order of custody and parenting time based on immediate danger (ORS 107.097(3)). By default a court may not enter ex parte a temporary order providing for custody of, or parenting time with, a child (ORS 107.097(1)).

3. 3

   You must be present in court and present an affidavit or declaration under penalty of perjury alleging the child is in immediate danger. The court considers whether, absent the order, the child is at present risk of physical harm, severe psychological damage, sex abuse, severe neglect significantly affecting the child's daily life or other similar harms. Homelessness, illness or poverty alone is not enough. After judgment, ORS 107.139 also requires a good-faith effort to confer with the other party and a finding by clear and convincing evidence.

4. 4

   Before judgment, no advance notice is required under ORS 107.097(3); after judgment, ORS 107.139 requires a good-faith effort to confer with the other party about the purpose and time of the court appearance. A copy of the order and the supporting declaration must be served on the other party in the manner of service of a summons under ORCP 7. The order is effective once signed but cannot be enforced until the other parent is served and the court is told of service.

5. 5

   There is no automatic hearing. The other party may request one at any time while the order is in effect. The court shall make reasonable efforts to hold it within 14 days and shall hold it no later than 21 days after receipt of the request. The hearing is limited to whether the child was in immediate danger when the order was issued.

6. 6

   The order stays in effect through the hearing date. If the party served fails to appear without good cause, the order continues; if the party who obtained it fails to appear without good cause, the order is vacated. Oregon's court system offers an Immediate Danger packet with an Ex Parte Motion and Declaration in Support, with no fee for these forms; the petition itself has its own fee.

7. 7

   For temporary emergency jurisdiction (ORS 109.751), the child must be present in Oregon and abandoned, or an emergency must require protecting the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. For abuse, a FAPA restraining order (ORS 107.710, 107.718) is another route. For non-emergency changes, see the modifying child custody guide.

Oregon Requirements for Emergency Custody Motion

• Ex parte bar and immediate danger exception

  A court may not enter ex parte a temporary order providing for custody of, or parenting time with, a child, except on a finding of immediate danger (ORS 107.097(1), (3)).

• Appearance in court with declaration

  The party must be present in court and present an affidavit or declaration under penalty of perjury alleging the child is in immediate danger (ORS 107.097(3)).

• Present risk of harm

  The court considers whether, absent the order, the child is at present risk of physical harm, severe psychological damage, sex abuse, severe neglect significantly affecting the child's daily life or other similar harms. Homelessness, illness or poverty alone does not suffice.

• Service after the order

  The order and supporting declaration must be served on the other party in the manner of service of a summons under ORCP 7.

• Hearing on request

  The other party may request a hearing while the order is in effect; the court shall make reasonable efforts to hold it within 14 days and shall hold it no later than 21 days after receipt of the request.

• Temporary emergency jurisdiction

  ORS 109.751 applies when the child is present in Oregon and abandoned, or an emergency requires protecting the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

• Facts of the immediate danger

  State dates, places, people present and the specific present risk of harm to the child, in the declaration.

• Specific temporary orders requested

  List each order sought, such as temporary custody, limited or supervised parenting time, or a bar on removing the child from Oregon, as separate alternatives.