Temporary Custody And Parenting Time Application Packet - "Immediate Danger" printable pdf download

[PRE-JUDGMENT]

Temporary Custody and Parenting Time

“Immediate Danger”

Application Packet

–

Instructions for Packet 16A

This process is authorized by ORS 107.097(3)(a) for certain cases involving child custody issues where the

child/ren is/are in “immediate danger.” A petition for divorce, separation, custody or parenting time must have already

been filed, or must be filed at the same time as the forms in this packet are filed. These forms cannot be used in a case

to modify (change) an existing judgment establishing custody (See Packet 16B).

TEP

Fill out the following forms:

● Affidavit in Support of Ex Parte Motion for Temporary Custody and Parenting Time – “Immediate Danger”

(AFFIDAVIT)

● Ex Parte Motion for Temporary Custody and Parenting Time – “Immediate Danger” (MOTION), and

● Ex Parte Order for Temporary Custody and Parenting Time – “Immediate Danger” (ORDER).

The case heading (names and case number) at the top of each form will be the same as it is on the petition that

started the divorce, separation, or custody/parenting time case. Sign the lines that say “I certify this is a true copy” only

on the copies that you make for the other party. You must sign the affidavit in front of a court clerk or notary, and will be

asked for picture identification.

Attach any existing custody orders involving the child/ren to the AFFIDAVIT.

TEP

You may wish to get your paperwork reviewed by the courthouse facilitator (if there is one at your court) or an

attorney.

TEP

Make two copies (one for service; one for your records) of the AFFIDAVIT, MOTION and signed ORDER.

Sign each of the copies on the line below the words, “I certify this is a true copy.”

TEP

File the original documents (AFFIDAVIT, MOTION, and ORDER) with the court clerk. Ask the court clerk

when a judge might be available to decide the matter. Once the order has been signed by a judge, the clerk will keep the

originals for the court’s legal file. Ask the clerk for two copies of the signed ORDER. Sign the copies on the line next to

the words, “I certify this is a true copy.”

TEP

Have the AFFIDAVIT, MOTION and signed ORDER served on the other parent. You may use the sheriff’s

office, a process server or any competent person 18 years of age or older (who is a resident of the state of service and not

a party to the case, nor an officer, director or employee of a party, nor an attorney for a party), to complete service. This

means you cannot serve the documents yourself, because you are a party. For information about other service methods,

talk to your local courthouse Facilitator.

After the documents have been served, the person who serves them must complete and file the AFFIDAVIT OF

SERVICE with the court.

NOTE: At any time while the temporary order is in effect, the other parent has a right to request a hearing.

After the court receives the other parent’s request for hearing form, the court must make a reasonable effort to hold the

hearing within 14 days, but MUST hold it no later than 21 days after the request form is filed. ORS 107.097 (4)(b). If a

hearing is scheduled, you must attend. If you fail to appear at the hearing, the court is required to vacate the order

(meaning it will no longer be in effect).

INSTRUCTIONS - [PRE-JUDGMENT] TEMPORARY CUSTODY AND PARENTING TIME

APPLICATION PACKET - “IMMEDIATE DANGER” - Page 1 of 1

PreJudTempCustody-16A: Instructions-16AVer02.doc.doc (3/08)

Temporary Custody And Parenting Time Application Packet - "Immediate Danger"

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