When parents separate or divorce or are otherwise engaged in a custody dispute, there
are some rare and urgent situations where a child’s immediate safety may be at risk. In
such situations, the may be a need for swift court intervention. In Oregon, a parent may
seek an emergency custody order—also called an immediate danger order—to
protect a child from harm without waiting for a full custody hearing.
This article explains when and how a judge may grant temporary custody or limit
parenting time in emergencies, the legal steps involved, and what parents can expect
during the process.
When Can a Judge Grant Temporary Custody Without a Hearing?
In most custody cases, both parents have the right to be heard in court before any
decisions are made. However, Oregon law allows exceptions when a child faces
immediate danger.
Under ORS 107.097, a judge can temporarily award custody to one parent without
notifying the other parent in advance if there is evidence that the child’s safety is at risk.
These situations are limited and only apply in urgent cases where waiting for a hearing
would endanger the child.
What Qualifies as “Immediate Danger” in Oregon?
The court does not issue emergency custody orders lightly. To qualify, there must be
clear and specific evidence that a child is unsafe while in the other parent’s care.
Common examples include:
A parent’s drug or alcohol abuse, especially if they are caring for the child while
impaired.
Physical abuse of the child or of the other parent in the child’s presence.
Driving with the child while under the influence of drugs or alcohol.
These circumstances, and other similar circumstances, give the court reason to believe
that a child’s health or safety is in immediate jeopardy.
How to File a Motion for Emergency Custody
To request emergency custody, a parent must file the proper legal paperwork with the
court. This includes:
A Petition for Dissolution of Marriage (or Separation),
A Petition to Establish Custody, or
A Motion to Modify an Existing Judgment.
Along with one of these filings, the parent must also submit a Motion for Emergency
Custody.
Oregon law requires parents to make a good faith effort to notify the other parent
before filing. However, if notice is not possible without risking the child’s safety, the court
may proceed without it.
The Role of the Sworn Statement
A key part of filing for emergency custody is submitting a sworn statement. The
requesting parent must appear in court and provide testimony, supported by a detailed
written statement, explaining why the child is in immediate danger.
This statement should include specific facts, dates, and examples—not just general
allegations. The stronger and more detailed the statement, the more likely the court will
grant a temporary order.
What Orders Can a Judge Make?
If the judge finds sufficient evidence of danger, they may issue a temporary custody
order. The judge can also place limits on the other parent’s contact with the child,
including allowing only supervised visits or stopping any contact until further review.
These measures are designed to keep the child safe while allowing the custody process
to move forward.
Objecting to an Emergency Custody Order
If one parent believes the emergency custody order was issued unfairly, Oregon law
provides a process to challenge it. A parent may file a request for hearing at any time
while the order is in effect.
The request must explain why the child was not in immediate danger when the order
was issued. Once filed, the court will make reasonable efforts to schedule a hearing
quickly.
The Emergency Custody Hearing
At the hearing, both parents have the opportunity to present evidence, including:
Their own testimony,
Witness testimony, and
Any relevant documents.
The hearing is limited to deciding whether the child was in immediate danger when the
order was granted. After hearing all evidence, the judge may:
Vacate the order, ending it immediately,
Continue the order until the conclusion of the pending family law case, or
Allow the parents to reach an agreement to vacate the order.
Why These Laws Exist
Emergency custody orders are designed to balance two important concerns:
- Protecting children from harm when every moment counts.
- Preserving parental rights by requiring strong proof before custody can be
taken away, even temporarily.
Because of this balance, judges are cautious when granting immediate danger orders
and expect parents to provide clear and compelling evidence.
If you believe your child is in danger while in the other parent’s care, it is important to
act quickly and understand your legal options. Oregon’s immediate danger orders
under ORS 107.097 provide a way to protect children in emergency situations, but the
process requires careful preparation, sworn testimony, and legal knowledge.
