Divorce cases and custody cases for unmarried parents in Oregon often start with one parent leaving the home with or without the children and then may proceed with one parent not letting the other parent see the children, or parents racing to be first to pick up the children at their school. As you may be experiencing or imagine, this can be chaotic and lead to increased conflict and bitterness. During a divorce or custody case either party can file what’s known as a Status Quo Order. This can be very advantageous for a parent to utilize if done so correctly.
In Oregon, the authority for granting a parent a status quo order comes from Oregon Revised Statutes (ORS) 107.097. A status quo order is a court order that prevents either parent from changing the children’s usual place of residence, interfering with the present placement and daily schedule of the children, hiding or secreting the children from the other parent, interfering with the other parent’s usual contact and parenting time with the children, leaving the state with the children without the written permission of the other parent or the permission of the court or in any manner disturbing the current schedule and daily routine of the children until custody or parenting time has been determined. The status quo order does not decide custody or who can make major decisions for the children. The order seeks to provide consistency and stability for the children during the pendency of a divorce or custody case involving the children.
The children’s “normal” schedules and usual place of residence are determined by looking at the past 3 months prior to the status quo order being filed with the court. These orders can be very important and useful for a parent if he or she utilizes the status quo order correctly. Especially during times when the parents separate from each other. Once the status quo is filed with the court and approved, the order remains in place during the pendency of the case or until further order of the court.
If a parent disagrees with the status quo order, he or she may request a hearing with the court at any time while the order is in effect. The judge will determine what the status quo actually was at the time the order was issued and either continue the order or deny it. If the judge cannot determine the status quo, because there wasn’t clear evidence where the children’s usual place of residence was or what their schedules were, then the judge may issue a parenting time order that he or she finds is in the best interests of the children. The court makes reasonable efforts to hold a hearing on the status quo issue within 14 days and no later than 21 days after the court receives the request.
Status quo orders can be complicated and have negative consequences if not filed correctly or filed for the right reasons. It’s important you talk with an attorney to help guide you through the process and explain the advantages and disadvantages of filing a status quo or when you are served paperwork with a status quo order in place.
Should You Talk With an Attorney First?
Navigating through the family law process can be complicated and have negative consequences if not done correctly. Doing the process correctly is crucial to achieving your desired results without wasting time and money. It’s important you talk with an attorney to help guide you through the process, advise you of your options, and explain the advantages and disadvantages of your actions you take in divorce, custody, or family law case in Oregon. Contact us at Navigate Legal Services today by calling (503) 300-1990.
Discuss your case with an Oregon attorney today. Contact us at Navigate Legal Services today by calling (503) 300-1990.