Bill > HB2613

This bill amends Oregon Revised Statutes (ORS) 107.097 and 107.139 to provide clearer guidelines for courts when issuing temporary ex parte orders involving child custody and parenting time. The bill specifically clarifies what constitutes "immediate danger" to a child, specifying that courts must consider risks of physical harm, severe psychological damage, sexual abuse, severe neglect, or similar serious harms. Importantly, the bill explicitly states that a parent's homelessness, illness, poverty, or similar circumstances alone cannot be used to determine that a child is in immediate danger. The legislation maintains the existing process for requesting and challenging such orders, including the requirement for affidavits, service of orders, and the right to request a hearing. The goal of these amendments appears to be preventing the misuse of ex parte orders by providing more precise definitions and protecting parents from having temporary custody orders issued against them solely due to economic or health challenges. The bill provides judges with a more nuanced framework for evaluating child safety in temporary custody and parenting time disputes, ensuring that orders are based on substantive risks to the child's well-being rather than surface-level socioeconomic conditions.