Douglas Supp. L. R. 8.042

As amended through June 11, 2024
Rule 8.042 - EX PARTE TEMPORARY RESTRAINT, CUSTODY AND PARENTING TIME ORDERS
(1) Temporary Order of Restraint

Either party may apply to the court for an EX PARTE temporary order of restraint as allowed by ORS 107.097(2). Only orders as set forth below will be entered pending mediation. The order shall provide as follows:

The parties are restrained and enjoined from changing the children's usual place of residence, from interfering with the present placement and daily schedule of the children, from hiding or secreting the children from either parent, from interfering with each parent's usual contact and parenting time with the children, from leaving the State of Oregon with the children without the written permission of the other parent or the permission of the court, or from in any manner disturbing the current schedule and daily routine of the children until custody or parenting time has been determined by mediation or by further order of this court.

(2) Referral to Mediation

If custody and/or parenting time are at issue, the parties will immediately be ordered to mediation pursuant to SLR Chapter 12. In the event that mediation is unsuccessful, temporary custody and parenting time pursuant to ORS 107.095(1)(b) shall be determined pursuant to SLR 12.025(1)(e).

(3) Limitations on EX PARTE Orders

No EX PARTE order involving custody or parenting time will be entered in a case where either party has obtained a Family Abuse Prevention Act order pursuant to ORS 107.700 - 107.735.

Douglas Supp. L. R. 8.042

Amended effective 2/1/2024.