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Oregon Revised Statutes

Or. Rev. Stat. § 107.138 (2026)

Temporary status quo order regarding child custody

✓ current as of May 2026
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      107.138 Temporary status quo order regarding child custody. (1)(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after:

      (A) Notifying the other party; and

      (B) Giving the other party an opportunity to contest issuance of the order.

      (b) The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, setting forth with specificity the information required by ORS 109.767 and the person with whom the child has lived during the preceding year and the child’s current schedule, daily routine and usual place of residence.

      (c) Notice to the party against whom the motion for the order is sought must be served at least 21 days before the date set for the hearing. The issue at the hearing is limited to a determination of the status quo at the time the motion for the order was filed.

      (2) A temporary status quo order restrains and enjoins each parent from:

      (a) Changing the child’s usual place of residence;

      (b) Interfering with the present placement and daily schedule of the child;

      (c) Hiding or secreting the child from the other parent;

      (d) Interfering with the other parent’s usual contact and parenting time with the child;

      (e) Leaving the state with the child without the written permission of the other parent or the permission of the court; or

      (f) In any manner disturbing the current schedule and daily routine of the child until the motion for modification has been granted or denied.

      (3) For purposes of this section:

      (a) “Child’s usual place of residence” means the place where the child is living at the time the motion for the temporary order is filed and has lived continuously for a period of three consecutive months, excluding any periods of time during which the noncustodial parent did exercise, or would otherwise have exercised, parenting time.

      (b) “Parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” mean the contact, parenting time, placement, schedule and routine at the time the motion for the temporary order is filed. [1995 c.792 §2; 1997 c.136 §2; 1997 c.386 §1; 1997 c.707 §§10,10a; 1999 c.649 §47; 2015 c.121 §5]

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2005–2026 · leading case: In re the Marriage of Cooksey, 125 P.3d 57 (Or. Ct. App. 2005).
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In re the Marriage of Cooksey, 125 P.3d 57 (Or. Ct. App. 2005). “” That notice enables the noncustodial parent to obtain a “status quo” order under ORS 107.138 pending a hearing on whether the court should approve the relocation.”
Petty & Petty, 347 Or. App. 159 (Or. Ct. App. 2026). “” ORS 107.138(2). The legislature’s provision for a temporary status quo order to address changing a child’s residence or leaving the state with a child suggests that the legislature likely had other or additional conduct in mind when it pro- vided a different remedy for…”
— Or. Rev. Stat. § 107.138(2) — 1 case
Petty & Petty, 347 Or. App. 159 (Or. Ct. App. 2026). “” ORS 107.138(2). The legislature’s provision for a temporary status quo order to address changing a child’s residence or leaving the state with a child suggests that the legislature likely had other or additional conduct in mind when it pro- vided a different remedy for…”
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