Title 107 · ORS Chapter 107

19.255, a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law up

Citation: ORS 19.255

Section: 19.255

19.255, a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law upon entry of a general judgment.

�� (3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.

�� (4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or the respondent having appeared has waived further appearance or the parties stipulate to the entry of a judgment, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a judgment of annulment or dissolution or for separation based upon a current affidavit or declaration under penalty of perjury in the form required by ORCP 1 E, executed by the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If custody of minor children is involved, then the affidavit or declaration under penalty of perjury must also include the name of the party with whom the children currently reside and the length of time they have so resided.

�� (5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720. If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person�s ability to possess firearms and ammunition or engage in activities involving firearms. [1971 c.280 �12; 1973 c.502 �7; 1977 c.205 �1; 1977 c.847 �1; 1977 c.878 �1a; 1979 c.86 �1; 1981 c.668 �1; 1987 c.873 �27; 1987 c.885 �1; 1991 c.82 �1; 1993 c.223 �4; 1993 c.716 �2; 1997 c.704 �41; 1997 c.707 �5; 1999 c.569 �2; 1999 c.1052 �5; 2001 c.286 �1; 2003 c.576 �107; 2011 c.115 �1; 2013 c.155 �3; 2015 c.121 �3]

�� 107.097 Ex parte temporary custody or parenting time orders; temporary prejudgment status quo order; hearing. (1) Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the custody of, or parenting time with, a child.

�� (2)(a) A party may apply to a court for a temporary prejudgment status quo order by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767.

�� (b) Upon receipt of an application under this subsection, the court may issue a temporary prejudgment status quo order restraining and enjoining each party 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 party;

�� (D) Interfering with the other party�s usual contact and parenting time with the child;

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

�� (F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.

�� (c) 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 and specifically why you disagree with the representation of the status quo described in the order. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

______________________________________________________________________________

�� (3)(a) A court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

�� (A) The party requesting an order is present in court and presents an affidavit or a declaration under penalty of perjury, alleging that the child is in immediate danger; and

�� (B) The court finds, based on the facts presented in the party�s testimony, the party�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.

______________________________________________________________________________

�� (4)(a) A party against whom an order is entered under subsection (2) or (3) of this section may request a hearing by filing with the court a hearing request described in subsection (2) or (3) of this section at any time while the order is in effect.

�� (b) The court shall make reasonable efforts to hold a hearing within 14 days and shall hold a hearing no later than 21 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 (2) or (3) 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) A temporary prejudgment status quo order is limited to a determination of the status quo at the time the order was issued. If the child�s usual place of residence cannot be determined, the court may make any further order the court finds appropriate in the best interests of the child.

�� (B) 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.

�� (5) The State Court Administrator shall prescribe the content and form of a request for a hearing described in subsections (2) and (3) of this section.

�� (6) As used in this section:

�� (a) �Child�s usual place of residence� has the meaning given that term in ORS 107.138.

�� (b) �Party�s usual contact and parenting time,� �present placement and daily schedule of the child� and �current schedule and daily routine of the child� have the meanings given �parent�s usual contact and parenting time,� �present placement and daily schedule of the child� and �current schedule and daily routine of the child� in ORS 107.138. [1995 c.792 �1; 1997 c.136 �1; 1997 c.386 �3; 1997 c.707 �6; 1999 c.59 �19; 1999 c.649 �44; 2007 c.11 �1; 2015 c.121 �4; 2025 c.122 �1; 2025 c.256 �13]

�� 107.100 [Amended by 1953 c.553 �2; 1953 c.635 �2; 1961 c.540 �1; 1963 c.476 �1; 1965 c.603 �6; 1969 c.198 �53; 1969 c.591 �283; repealed by 1971 c.280 �28]

�� 107.101 Policy regarding parenting. It is the policy of this state to:

�� (1) Assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child;

�� (2) Encourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage;

�� (3) Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, if necessary;

�� (4) Grant parents and courts the widest discretion in developing a parenting plan; and

�� (5) Consider the best interests of the child and the safety of the parties in developing a parenting plan. [1997 c.707 �1]

�� 107.102 Parenting plan; content. (1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 to 107.735, there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

�� (2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

�� (3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

�� (a) Residential schedule;

�� (b) Holiday, birthday and vacation planning;

�� (c) Weekends, including holidays, and school in-service days preceding or following weekends;

�� (d) Decision-making and responsibility;

�� (e) Information sharing and access;

�� (f) Relocation of parents;

�� (g) Telephone access;

�� (h) Transportation; and

�� (i) Methods for resolving disputes.

�� (4) In addition to the provisions listed in subsection (3) of this section, a detailed parenting plan may include one or both of the following requirements:

�� (a) That the custodial parent notify the noncustodial parent regarding specified matters concerning the child.

�� (b) That the custodial parent provide the noncustodial parent with an opportunity to comment regarding specified matters concerning the child.

�� (5)(a) The court shall develop a detailed parenting plan when:

�� (A) So requested by either parent; or

�� (B) The parent or parents are unable to develop a parenting plan.

�� (b) In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties.

�� (c) In developing a parenting plan under this subsection, the court may order equal parenting time. If a parent requests that the court order equal parenting time in the parenting plan, the court may deny the request if the court determines, by written findings, that equal parenting time is not in the best interests of the child or endangers the safety of the parties. [1997 c.707 �2; 2019 c.288 �1; 2019 c.289 �1]

�� 107.103 Alternative dispute resolution conference procedure. (1) The presiding judge of each judicial district may establish an alternative dispute resolution conference procedure for custody and parenting time modification and enforcement before a court hearing. The conference procedure must, at a minimum:

�� (a) Require that the parties be notified in advance that the conference will be conducted in an informal manner and will not use the rules of evidence;

�� (b) Provide each party with a full opportunity to present the party�s position;

�� (c) Accommodate safety concerns in conference procedures when safety concerns are identified;

�� (d) Allow a party�s attorney to be present; and

�� (e) Notify the parties that if an agreement is not reached the conference officer described in subsection (2) of this section may make a recommendation to the court, but that no party will lose the party�s right to a judicial hearing.

�� (2) The presiding judge shall appoint a conference officer to hold a conference under this section. The conference officer must have completed training in mediation, child development and domestic violence, as prescribed by the presiding judge or local rules adopted under ORS 3.220, and must be:

�� (a) An employee of the Judicial Department; or

�� (b) An attorney or trained mediator appointed by the court in accordance with local rules adopted under ORS 3.220.

�� (3)(a) If the parties reach an agreement on the contested issues during the conference, the conference officer shall prepare a stipulated order or judgment using forms approved by the State Court Administrator, and:

�� (A) If a party has an attorney, the party�s attorney shall have the opportunity to review the stipulated order or judgment;

�� (B) The parties shall sign the stipulated order or judgment; and

�� (C) The conference officer shall submit the stipulated order or judgment to the court that has authority over the underlying case.

�� (b) If the parties cannot reach an agreement on all of the contested issues during the conference, the conference officer may do one or both of the following:

�� (A) Assist the parties in developing a stipulated order or judgment on one or more of the resolved issues.

�� (B) Make recommendations to the court on the contested issues and, if requested, schedule a court hearing on those issues and notify the parties of the date and time of the hearing.

�� (4) At a hearing, the court may receive into evidence and consider the recommendation of the conference officer on contested issues but shall assign no specific evidentiary weight to that recommendation.

�� (5) If mediation has not been waived by the court, a conference under this section is in addition to and not in lieu of mediation.

�� (6) The conference procedure may not be used in proceedings under ORS 107.700 to