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Oregon Post-Judgment Temporary Custody Order - Immediate Danger

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Post-Judgment Temporary Custody Order - Immediate Danger
The Oregon Post-Judgment Temporary Custody Order — Immediate Danger is a court order issued by a judge to protect a child from an immediate danger or risk of harm. This type of order can be issued in either a divorce or custody case, and it can be issued without the involvement of a third party, such as a guardian ad item. The order can restrict or limit the parent's access to the child, or it can change the physical custody of the child for a certain period of time. There are two types of Oregon Post-Judgment Temporary Custody Order — Immediate Danger: the Ex Parte Order and the Contested Order. The Ex Parte Order is issued without any prior notice or hearing. This type of order can be issued if the judge believes that the child is in imminent danger and that the parent's access to the child must be immediately restricted or limited. The Contested Order is issued after a hearing where both parties have a chance to present evidence and witnesses. The judge will only issue this type of order if the evidence presented at the hearing demonstrates that the child is in imminent danger and that the parent's access to the child must be immediately restricted or limited.

The Oregon Post-Judgment Temporary Custody Order — Immediate Danger is a court order issued by a judge to protect a child from an immediate danger or risk of harm. This type of order can be issued in either a divorce or custody case, and it can be issued without the involvement of a third party, such as a guardian ad item. The order can restrict or limit the parent's access to the child, or it can change the physical custody of the child for a certain period of time. There are two types of Oregon Post-Judgment Temporary Custody Order — Immediate Danger: the Ex Parte Order and the Contested Order. The Ex Parte Order is issued without any prior notice or hearing. This type of order can be issued if the judge believes that the child is in imminent danger and that the parent's access to the child must be immediately restricted or limited. The Contested Order is issued after a hearing where both parties have a chance to present evidence and witnesses. The judge will only issue this type of order if the evidence presented at the hearing demonstrates that the child is in imminent danger and that the parent's access to the child must be immediately restricted or limited.

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FAQ

If you believe your child is in immediate danger while in the care of the other parent, you can protect them by petitioning the court for emergency custody. Such situations may include a parent with substance abuse issues or who is potentially physically abusive.

Obtaining Emergency Custody in Oregon In order to obtain this type of custody, you must be present in court and present your affidavit that the child is in immediate danger. You must have already made a good faith effort to confer with the other parent about the purpose and scheduled time of this court appearance.

In Oregon, a parent with sole legal custody typically has the authority to make all major decisions on behalf of the children, but the noncustodial parent still has the right to notifications of major decisions or developments in the lives of their children.

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.

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.

To get an Immediate Danger temporary order, you must file a form called an Ex Parte Motion for Order of Immediate Danger & Temporary Custody and Parenting Time & Declaration in Support.

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.

More info

The parent requesting the order must be present in court and present an affidavit alleging that the child is in immediate danger. Temporary orders based on immediate danger to a child or children are available in Oregon under some limited circumstances.Instructions. 1. Complete this form, including the affidavit on page 2. 2. Attach an Affidavit Concerning Children, form JD-FM-164. An important exception to this rule is an "Immediate Danger Order. In other words, you must prove that your child could be immediately harmed without an emergency order. Complete the "Motion for Temporary Modification Order without Notice". Discover all the advantages of our editor today! Be ready to get more. You should explain your reasons for why such an ex parte order should be entered in paragraph 7 of this form.

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Oregon Post-Judgment Temporary Custody Order - Immediate Danger