or other comparable law of another jurisdiction; and

163.375 or other comparable law of another jurisdiction; and

����� (B) The rape resulted in the conception of the child.

����� (b) A denial of custody under this subsection does not relieve the parent of any obligation to pay child support. [1975 c.722 �2; 1987 c.795 �14; 1997 c.707 �35; 1999 c.762 �2; 2011 c.438 �3; 2013 c.72 �1; 2025 c.592 �114]

����� 107.138 Temporary status quo order regarding child custody. (1)(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:

����� (A) Notifying the other party; and

����� (B) Giving the other party an opportunity to contest issuance of the order.

����� (b) 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 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.

����� (c) 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.

����� (2) A temporary status quo order restrains and enjoins each parent from:

����� (a) Changing the child�s usual place of residence;

����� (b) Interfering with the present placement and daily schedule of the child;

����� (c) Hiding or secreting the child from the other parent;

����� (d) Interfering with the other parent�s usual contact and parenting time with the child;

����� (e) Leaving the state with the child without the written permission of the other parent or the permission of the court; or

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

����� (3) For purposes of this section:

����� (a) �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.

����� (b) �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]

����� 107.139 Post-judgment ex parte temporary custody or parenting time order; hearing. (1)(a) Following entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

����� (A) A parent of the child is present in court and presents an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, alleging that the child is in immediate danger;

����� (B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and

����� (C) The court finds by clear and convincing evidence, based on the facts presented in the parent�s testimony, the parent�s affidavit or declaration under penalty of perjury and the testimony of the other party, if the other party is present, that the child is in immediate danger.

����� (b) When determining whether a child is in immediate danger for purposes of this section, the court shall consider whether, absent the temporary 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. The court may not find that a child is in immediate danger for purposes of this section based solely on a parent�s homelessness, illness, poverty or other similar circumstances.

����� (c) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

����� (d) A copy of the order and the supporting affidavit or declaration under penalty of perjury must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

______________________________________________________________________________

�����

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. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

______________________________________________________________________________

����� (2)(a) A party against whom an order is entered under subsection (1) of this section may request a hearing by filing with the court a hearing request described in subsection (1) of this section at any time while the order is in effect.

����� (b) The court shall hold a hearing within 14 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.

����� (c) An order issued under subsection (1) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.

����� (d) The issue at a hearing to contest a temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.

����� (3) The State Court Administrator shall prescribe the content and form of a request for a hearing described in this section.

����� (4) A party seeking relief under this section shall concurrently file, or have pending, a motion under ORS 107.135 to set aside, alter or modify any portion of the judgment that provides for custody, parenting time or visitation. [1997 c.386 �2; 1997 c.707 �6a; 2007 c.11 �2; 2011 c.114 �3; 2015 c.121 �6; 2025 c.122 �2]

����� 107.140 [Paragraph (f) of subsection (1) of 1959 Replacement Part enacted as 1955 c.72 �1; repealed by 1961 c.551 �2]

����� 107.141 [1961 c.551 �1; repealed by 1971 c.280 �28]

����� 107.142 [1971 c.280 �17; 1973 c.530 �1; 1981 c.537 �1; repealed by 2003 c.576 �580]

����� 107.145 Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state. (1) The Legislative Assembly finds and declares that:

����� (a) Establishing a fair, efficient and expeditious process to resolve child custody and visitation issues when a parent is deployed with the Armed Forces of the United States, National Guard or other reserve component is in the best interests of the child of such a deployed parent; and

����� (b) Courts should, to the extent feasible within existing resources and court practices, prioritize the scheduling for hearing of family law matters involving a deployed parent or a parent whose deployment is imminent, avoid unnecessary delays or continuances and ensure that deployed parents are not denied access to their children because of their deployment.

����� (2) As used in this section and ORS 107.146:

����� (a) �Deployed parent� means a parent of a minor child whose parental rights have not been terminated who is deployed with the Armed Forces of the United States, National Guard or other reserve component.

����� (b) �Deployment� or �deployed�:

����� (A) Means military service in compliance with written orders received by an active duty or reserve member of the Armed Forces of the United States, National Guard or other reserve component to report for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty or other active military service;

����� (B) Includes the period of time from which the deployed parent receives and is subject to written orders to deploy to the actual date of deployment; and

����� (C) Includes any period of time in which the deployed parent is awaiting travel to or from a deployment destination or remains deployed because of sickness, wounds, leave or other lawful cause.

����� (3) Notwithstanding ORS 107.135 and except as provided in subsection (4) of this section, a court may not set aside, alter or modify any portion of a judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent until 90 days after the completion of the deployed parent�s deployment unless a motion to set aside, alter or modify was filed with, heard by and decided by the court before the commencement of the deployed parent�s deployment.

����� (4)(a) Notwithstanding ORS 107.138 and 107.139, a court may enter a temporary order modifying the terms of a preexisting judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent to reasonably accommodate the circumstances of the deployed parent�s deployment in the best interests of the child, upon motion filed by either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services when required by subsection (6) of this section. The nondeployed parent bears the burden of proof that the provisions of a temporary order made under this subsection are not in the best interests of the child.

����� (b) A temporary order entered under this subsection must include the following provisions:

����� (A) Parenting time for the deployed parent during periods of approved leave in the best interests of the child;

����� (B) Parenting time for the deployed parent during periods of deployment in the best interests of the child including but not limited to contact by telephone, electronic mail and other electronic means such as video and visual imaging;

����� (C) Modification of the child support provisions of the preexisting judgment to reflect the changed circumstances of the parents and the child during the period of deployment;

����� (D) A requirement that the nondeployed parent provide the court and the deployed parent with written notice 30 days prior to a change of address or telephone number during the period of deployment;

����� (E) That the temporary order entered under this subsection terminates by operation of law upon completion of deployment and that the provisions of the preexisting judgment that have been modified by the temporary order are automatically reinstated unless a request is made and granted under subsection (7) of this section;

����� (F) That all other provisions of the preexisting judgment not modified by the temporary order remain in effect; and

����� (G) That deployment is considered completed for purposes of reinstating the provisions of the preexisting judgment that have been modified by the temporary order 10 days after the date on which the deployed parent serves the nondeployed parent and provides to the court and to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the motion is filed copies of written orders or other official notification that the deployed parent is no longer deployed.

����� (5) A temporary order entered under subsection (4) of this section may include a provision allowing or requiring reasonable visitation between the child of a deployed parent and a stepparent, grandparent or other family member related to the child with whom the child has an ongoing relationship as defined in ORS