An Oregon Ex Parte Order For Temporary Custody And Parenting Time (16A) is a court order that is used to establish temporary custody and parenting time for a child. This order is typically used when a parent needs to temporarily change the existing parenting plan or when the parents are unable to agree on arrangements for the child. This order is issued on an emergency basis, meaning that the parent does not have to go through the usual court process for issuing a custody order. The order can last up to three weeks. There are two types of Oregon Ex Parte Order For Temporary Custody And Parenting Time (16A): Type A and Type B. Type A orders are issued when there is a risk of physical or emotional harm to the child. Type B orders are issued when the child needs to be placed in a more stable environment to ensure their safety.
Oregon Ex Parte Order For Temporary Custody And Parenting Time (16A)
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FAQ
ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.
Temporary Custody Oregon Temporary custody orders are used to establish where the child will live and who will have the authority to make legal decisions for him or her while the case is pending until the final orders are issued after the case.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.
The laws in Oregon require that any custodial parent may move up to 60 miles away from their current residence with no notice or approval. If, however, a custodial parent wishes to move more than 60 miles away, notification must be provided to both the other parent and the court.
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.
Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.
You can ask the court to make temporary orders after you file a Petition. In a post-judgment action, you can ask the court to make temporary orders after you file a Motion (request). Either Petitioner or Respondent may ask for temporary orders. Temporary orders are effective as soon as a judge signs the order.
Oregon law allows a parent or legal guardian of a minor child to temporarily give another person the authority to care for the child and make decisions with regard to the child for a limited period of time.