Do I need to tell the other parent if I am requesting an emergency custody order?

There are two forms of emergency custody order. A pre-judgment order (meaning that it is taken out at the time the original custody request is filed with the court) and a post-judgment order (meaning that it is taken at the time a modification is requested).

Pre-Judgment orders are governed by ORS 107.097 (3)(a). The statute does not require that notice be provided to the other party. The party requesting the order must be present in court and present an affidavit alleging that the child is in immediate danger.

Post-Judgment orders are governed by ORS 107.139. The statute requires that the party requesting the order state in his/her affidavit that he/she has made a “good faith effor to confer with the other party regarding the purpose and time of the court appearance.”

These orders are difficult to obtain as the court will only make such an order where there is clearly immediate danger present.  There is a good deal of legal strategy involved in deciding whether or not to request such an order.  The outcome of the court’s decision can have a lasting effect on the case.

It is advisable to utilize the services of an attorney in obtaining such an order.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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One Response to Do I need to tell the other parent if I am requesting an emergency custody order?

  1. In Oklahoma, the judge’s strongly encourage the filing parent to tell the non-filing parent before the emergency hearing gets put on.

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