US Laws, Codes, Statutes & Cases

Chapter 107 — Marital Dissolution, Annulment and Separation;

Mediation and Conciliation Services; Family Abuse Prevention

 

2007 EDITION

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

DOMESTIC RELATIONS

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

107.005     Annulment of void marriage; declaration of validity; effect of declaration

 

107.015     Grounds for annulment or dissolution of marriage

 

107.025     Irreconcilable differences as grounds for dissolution or separation

 

107.036     Doctrines of fault and in pari delicto abolished; evidence and consideration of fault

 

107.046     Appearance by public official

 

107.055     Appearance by respondent; affirmative defenses abolished

 

107.065     Waiting period in dissolution suit; waiver

 

107.075     Residence requirements

 

107.085     Petition; title; content

 

107.086     Where to file petition

 

107.087     When petition to be served on Division of Child Support

 

107.088     Clerk of court to furnish certain information when petition is filed

 

107.089     Documents parties must furnish to each other; effect of failure to furnish

 

107.092     Notice that spouse may continue health insurance coverage; liability of clerk

 

107.093     Restraining order; request for hearing

 

107.094     Forms for restraining order and request for hearing

 

107.095     Provisions court may make after commencement of suit and before judgment

 

107.097     Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing

 

107.101     Policy regarding parenting

 

107.102     Parenting plan; content

 

107.104     Policy regarding settlement; enforcement of settlement terms; remedies

 

107.105     Provisions of judgment

 

107.106     Provisions of order or judgment providing for custody, parenting time, visitation or support of child

 

107.108     Support or maintenance for child attending school; rules

 

107.111     When parents equally responsible for funeral expenses of child

 

107.115     Effect of judgment; effective date; appeal pending upon death of party

 

107.118     Definitions for ORS 107.118 to 107.131

 

107.121     Revocation of designation of beneficiary upon entry of judgment

 

107.124     Effect of revocation

 

107.127     Notice of revocation; payments made under governing instrument

 

107.131     Conveyance or release of contingent or expectant interests

 

107.135     Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies

 

107.136     Reinstatement of terminated spousal support

 

107.137     Factors considered in determining custody of child

 

107.138     Temporary status quo order regarding child custody

 

107.139     Post-judgment ex parte temporary custody or parenting time order; hearing

 

107.149     Policy regarding parents and their children

 

107.154     Authority of parent when other parent granted sole custody of child

 

107.159     Notice of change of residence

 

107.164     Parents’ duty to provide information to each other

 

107.169     Joint custody of child; modification

 

107.174     Modification of order for parenting time; stipulation; exception for nonresident child

 

107.179     Request for joint custody of children; mediation

 

107.400     Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought

 

107.405     Powers of court in dissolution, annulment or separation proceedings

 

107.406     Finding; policy regarding spousal support

 

107.407     Petition to set aside spousal support provisions of judgment

 

107.412     Procedure applicable to ORS 107.407; matters considered; attorney fees

 

107.415     Notice of change of status of child; effect of failure to give notice

 

107.425     Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children

 

107.431     Modification of portion of judgment regarding parenting time or child support; procedure

 

107.434     Expedited parenting time enforcement procedure; fees; remedies

 

107.437     Order of assistance to obtain custody of child held in violation of custody order

 

107.445     Attorney fees in certain domestic relations proceedings

 

107.449     Transfer of proceeding under ORS 107.135 to auxiliary circuit court

 

107.452     Reopening case if assets discovered after entry of judgment

 

SEPARATION

 

107.455     Effect of separation statutes or judgments on subsequent dissolution proceedings

 

107.465     Conversion of judgment of separation into judgment of dissolution

 

107.475     Court to determine duration of separation; modification or vacation of judgment

 

SUMMARY DISSOLUTION PROCEDURE

 

107.485     Conditions for summary dissolution procedure

 

107.490     Commencement of proceeding; petition content; court authority

 

107.500     Forms

 

CONCILIATION SERVICES

 

107.510     Definitions for ORS 107.510 to 107.610

 

107.520     Establishment of conciliation jurisdiction

 

107.530     Source of conciliation services; county to pay expenses

 

107.540     Conciliation jurisdiction by court; effect

 

107.550     Petition for conciliation jurisdiction; content; rules

 

107.560     Effect of petition; waiver

 

107.570     Notice; attendance at hearings

 

107.580     Restriction of services; priority when children involved; rules

 

107.590     Court orders; reconciliation agreements

 

107.600     Privacy of proceedings; confidentiality of communications; records

 

107.610     Qualifications of conciliation counselors

 

107.615     Fees to support services; contracts for service; eligibility rules

 

FAMILY ABUSE PREVENTION ACT

 

107.700     Short title

 

107.705     Definitions for ORS 107.700 to 107.735

 

107.707     Application of Uniform Child Custody Jurisdiction and Enforcement Act

 

107.710     Petition to circuit court for relief; burden of proof

 

107.716     Hearing; order; certificate of compliance; effect on title to real property; no undertaking required

 

107.718     Restraining order; service of order; request for hearing

 

107.719     Removal of personal effects; party accompanied by peace officer

 

107.720     Enforcement of restraining orders; sheriff’s proceedings; security; termination order

 

107.721     Petitioner’s change of residence

 

107.722     Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment

 

107.723     Service of restraining order; facsimile by sheriff

 

107.725     Renewal of order entered under ORS 107.716 or 107.718

 

107.726     Standing to petition for relief of person under 18 years of age

 

107.728     Where to file petition; contempt proceedings

 

107.730     Modification of custody and parenting time provisions of order entered under ORS 107.700 to 107.735; attorney fees

 

107.732     Recovering custody of child

 

107.735     Duties of State Court Administrator

 

MEDIATION PROCEDURES

 

107.755     Court-ordered mediation; rules

 

107.765     When referral to mediation permitted; scope of mediation; report to court of outcome of mediation

 

107.775     Methods of providing mediation services; qualifications; costs

 

107.785     Privacy of proceedings; confidentiality of communications; records

 

107.795     Availability of other remedies

 

LIFE INSURANCE ON OBLIGOR

 

107.810     Policy

 

107.820     Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums

 

107.830     Physical examination may be ordered; responsibility for premiums

 

MISCELLANEOUS

 

107.835     Waiver of personal service in subsequent contempt proceeding

 

107.837     Attorney fees; effect of authorization to party

 

107.840     Confidentiality of Social Security numbers

 

107.843     Supplemental judgments

 

      Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107.

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

      107.005 Annulment of void marriage; declaration of validity; effect of declaration. (1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which it may come into question.

      (2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the judgment.

      (3) A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise. [1971 c.280 §7; 2003 c.576 §102]

 

      107.010 [Repealed by 1971 c.280 §28]

 

      107.015 Grounds for annulment or dissolution of marriage. (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:

      (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

      (b) When the consent of either party was obtained by force or fraud.

      (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified. [1971 c.280 §8; 2003 c.576 §103; 2007 c.22 §2]

 

      107.020 [Repealed by 1971 c.280 §28]

 

      107.025 Irreconcilable differences as grounds for dissolution or separation. (1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

      (2) A judgment for separation may be rendered when:

      (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;

      (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as husband and wife, and the court finds such agreement to be just and equitable; or

      (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 §9; 1973 c.502 §1; 2003 c.576 §104]

 

      107.030 [Amended by 1953 c.439 §2; 1965 c.311 §1; repealed by 1971 c.280 §28]

 

      107.035 [1969 c.264 §2; repealed by 1971 c.280 §28]

 

      107.036 Doctrines of fault and in pari delicto abolished; evidence and consideration of fault. (1) The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.

      (2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

      (3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

      (4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall render a judgment for the annulment or dissolution of the marriage or for separation. A judgment of separation shall state the duration of the separation. [1971 c.280 §10; 1973 c.502 §2; 2003 c.576 §105]

 

      107.040 [Amended by 1965 c.388 §1; repealed by 1971 c.280 §28]

 

      107.045 [1957 c.444 §1; 1965 c.603 §1; repealed by 1971 c.280 §28]

 

      107.046 Appearance by public official. The district attorney, or in appropriate cases the Division of Child Support, shall appear in any suit for the annulment or dissolution of a marriage or for separation when requested by the court. [1971 c.280 §4; 1973 c.502 §3; 1979 c.482 §1]

 

      107.050 [Amended by 1965 c.603 §2; repealed by 1971 c.280 §28]

 

      107.055 Appearance by respondent; affirmative defenses abolished. The respondent shall not be required to answer a petition for annulment or dissolution of a marriage or for separation except by filing a general appearance or a general appearance with counterclaims relating to matters other than the grounds for annulment, dissolution or separation. Affirmative defenses are abolished. [1971 c.280 §11; 1973 c.502 §4]

 

      107.060 [Amended by 1965 c.603 §3; repealed by 1971 c.280 §28]

 

      107.065 Waiting period in dissolution suit; waiver. (1) Except as provided in ORS 107.095 and in subsection (2) of this section, no trial or hearing on the merits in a suit for the dissolution of a marriage shall be had until after the expiration of 90 days from the date of:

      (a) The service of the summons and petition upon the respondent; or

      (b) The first publication of summons.

      (2)(a) Upon written motion, the court may in its discretion grant a judgment dissolving the marriage prior to the expiration of the waiting period. The written motion must be supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is warranted to protect the rights or interest of any party or person who might be affected by a judgment in the proceedings.

      (b) An affidavit stating that a stipulated judgment has been signed by the parties is adequate grounds of necessity for immediate action under this subsection.

      (c) If the court grants a judgment before the expiration of the waiting period, the court shall find and recite in the judgment the grounds of emergency or necessity and the facts with respect thereto. [1971 c.280 §6; 1979 c.284 §99; 1999 c.569 §1; 2003 c.576 §243]

 

      107.070 [Repealed by 1971 c.280 §28]

 

      107.075 Residence requirements. (1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015.

      (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

      (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced.

      (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose. [1971 c.280 §5; 1973 c.502 §5]

 

      107.080 [Repealed by 1971 c.280 §28]

 

      107.085 Petition; title; content. (1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”

      (2) The petitioner shall state the following in the petition:

      (a) The names and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;

      (b) The names and dates of birth of all children born to the parties prior to the marriage;

      (c) To the extent known:

      (A) Whether there is pending in this state or any other jurisdiction a domestic relations suit, as defined in ORS 107.510;

      (B) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving dependents of the same marriage, including one brought under this section or ORS 108.110, 109.100, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and

      (C) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving dependents of the same marriage; and

      (d) That the petitioner acknowledges that by filing the petition the petitioner is bound by the terms of the restraining order issued under ORS 107.093.

      (3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2)(c)(B) and (C) of this section.

      (4) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the judgment.

      (5) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740.

      (6) The Social Security numbers of the parties and of the children born or adopted during the marriage and children born to the parties prior to the marriage shall be provided as established in ORS 107.840. [1971 c.280 §2; 1973 c.502 §6; 1979 c.144 §1; 1979 c.421 §14; 1983 c.728 §1; 1987 c.586 §25; 1993 c.448 §4; 2003 c.116 §3; 2003 c.380 §3; 2003 c.414 §4; 2003 c.576 §106]

 

      107.086 Where to file petition. A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. [2003 c.289 §6]

 

      107.087 When petition to be served on Division of Child Support. Whenever a suit for dissolution, separation or annulment is initiated under ORS 107.085 and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. [1979 c.90 §6; 2001 c.334 §3]

 

      107.088 Clerk of court to furnish certain information when petition is filed. (1) At the time a suit for legal separation or for dissolution is filed, the clerk of the court shall furnish to the petitioner a copy of ORS 107.089. The petitioner may serve a copy of ORS 107.089 upon the respondent and shall provide proof of service to the court in accordance with ORCP 9.

      (2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]

 

      107.089 Documents parties must furnish to each other; effect of failure to furnish. (1) If served with a copy of this section as provided in ORS 107.088, each party in a suit for legal separation or for dissolution shall provide to the other party copies of the following documents in their possession or control:

      (a) All federal and state income tax returns filed by either party for the last three calendar years;

      (b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year;

      (c) All records showing any income earned or received by either party for the current calendar year;

      (d) All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years;

      (e) All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest;

      (f) All documents showing debts of either party, including the most recent statement of any loan, credit line or charge card balance due;

      (g) Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party’s name or in which either party has any interest;

      (h) Documents showing stocks, bonds, secured notes, mutual funds and other investments in which either party has any interest;

      (i) The most recent statement describing any retirement plan, IRA pension plan, profit-sharing plan, stock option plan or deferred compensation plan in which either party has any interest; and

      (j) All financial institution or brokerage account records on any account in which either party has had any interest or signing privileges in the past year, whether or not the account is currently open or closed.

      (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the party shall provide the information listed in subsection (1) of this section to the other party no later than 30 days after service of a copy of this section.

      (b) If a support hearing is pending fewer than 30 days after service of a copy of this section on either party, the party upon whom a copy of this section is served shall provide the information listed in subsection (1)(a) to (d) of this section no later than three judicial days before the hearing.

      (3)(a) If a party does not provide information as required by subsections (1) and (2) of this section, the other party may apply for a motion to compel as provided in ORCP 46.

      (b) Notwithstanding ORCP 46 A(4), if the motion is granted and the court finds that there was willful noncompliance with the requirements of subsections (1) and (2) of this section, the court shall require the party whose conduct necessitated the motion or the party or attorney advising the action, or both, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees.

      (4) If a date for a support hearing has been set and the information listed in subsection (1)(a) to (d) of this section has not been provided as required by subsection (2) of this section:

      (a) By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or

      (b) By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor, and provide that any support ordered in a future hearing may be prospective only.

      (5) The provisions of this section do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provision of Oregon law. [1995 c.800 §5; 1997 c.631 §402; 1997 c.707 §33]

 

      107.090 [Amended by 1953 c.602 §2; 1955 c.648 §4; 1959 c.572 §1; 1969 c.221 §1; repealed by 1971 c.280 §28]

 

      107.092 Notice that spouse may continue health insurance coverage; liability of clerk. (1) The clerk of the court shall furnish to both parties in a suit for legal separation or for dissolution, at the time the suit is filed, a notice of ORS 743.600, 743.601, 743.602 and 743.610 entitling a spouse to continue health insurance coverage.

      (2) The notice shall be prepared by the Director of the Department of Consumer and Business Services and also shall include a summary of the provisions of ORS 743.600.

      (3) A clerk of the court is not liable for damages arising from information contained in or omitted from a notice furnished under this section. [1981 c.752 §16; 1987 c.505 §6; 1995 c.603 §31]

 

      107.093 Restraining order; request for hearing. (1) After a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent as provided in ORCP 7, a restraining order is in effect against the petitioner and the respondent until a final judgment is issued, until the petition for marital annulment, separation or dissolution is dismissed, or until further order of the court.

      (2) The restraining order issued under this section shall restrain the petitioner and respondent from:

      (a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.

      (b) Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.

      (c) Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph does not apply to payment by either party of:

      (A) Attorney fees in the existing action;

      (B) Real estate and income taxes;

      (C) Mental health therapy expenses for either party or a minor child of the parties; or

      (D) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

      (d) Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. This paragraph does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

      (3) Either party restrained under this section may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this section.

      (4) The restraining order issued under this section shall also include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court.

      (5) A copy of the restraining order issued under this section shall be attached to the summons.

      (6) A party who violates a term of a restraining order issued under this section is subject to imposition of remedial sanctions under ORS 33.055 based on the violation, but is not subject to:

      (a) Criminal prosecution based on the violation; or

      (b) Imposition of punitive sanctions under ORS 33.065 based on the violation. [2003 c.414 §2; 2007 c.22 §3]

 

      107.094 Forms for restraining order and request for hearing. (1) Forms shall be established by court rule for:

      (a) The restraining order issued under ORS 107.093; and

      (b) The request for hearing under ORS 107.093.

      (2) The forms established under subsection (1) of this section must include the terms of the restraining order described in ORS 107.093. [2003 c.414 §3]

 

      107.095 Provisions court may make after commencement of suit and before judgment. (1) After the commencement of a suit for marital annulment, dissolution or separation and until a general judgment therein, the court may provide as follows:

      (a) That a party pay to the clerk of the court such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the Department of Justice, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.

      (b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.

      (c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.

      (d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.

      (e) Restraining and enjoining either party or both from encumbering or disposing of any of the real or personal property of either or both of the parties, except as ordered by the court.

      (f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.

      (g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.

      (2) A limited judgment under ORS chapter 18 may be entered in an action for dissolution or annulment of a marriage providing for a support award, as defined by ORS 18.005, or other money award, as defined by ORS 18.005. Notwithstanding ORS 19.255, a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law upon entry of a general judgment.

      (3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.

      (4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or the respondent having appeared has waived further appearance or the parties stipulate to the entry of a judgment, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a judgment of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:

      (a) The gross monthly income of each party, to the best of the affiant’s knowledge; and

      (b) The name of the party with whom the children currently reside and the length of time they have so resided.

      (5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720. If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person’s ability to possess firearms and ammunition or engage in activities involving firearms. [1971 c.280 §12; 1973 c.502 §7; 1977 c.205 §1; 1977 c.847 §1; 1977 c.878 §1a; 1979 c.86 §1; 1981 c.668 §1; 1987 c.873 §27; 1987 c.885 §1; 1991 c.82 §1; 1993 c.223 §4; 1993 c.716 §2; 1997 c.704 §41; 1997 c.707 §5; 1999 c.569 §2; 1999 c.1052 §5; 2001 c.286 §1; 2003 c.576 §107]

 

      107.097 Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing. (1) Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the custody of, or parenting time with, a child.

      (2)(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit conforming to the requirements of ORS 109.767.

      (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

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