ORS 109.751: Temporary emergency jurisdiction.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (2) If there is no previous child custody determination that is entitled to be enforced under ORS 109.701 to 109.834 and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.741 to 109.747. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, a child custody determination made under this section becomes a final determination if the determination so provides and this state becomes the home state of the child. (3) If there is a previous child custody determination that is entitled to be enforced under ORS 109.701 to 109.834, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ORS 109.741 to 109.747. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ORS 109.741 to 109.747, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ORS 109.741 to 109.747, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order. [1999 c.649 §16]
Official history and status
History: Note: See note under 109.701.
Administrative rules citing this section
- OAR 413-140-0030: Required Documentation — implements
This rule cites
- ORS 109.701 — resolved
- 109.834 — resolved
- ORS 109.741 — resolved
- 109.747 — resolved
Cited by
- ORS 109.741: Initial child custody jurisdiction.
- ORS 109.744: Exclusive, continuing jurisdiction.
- ORS 109.747: Jurisdiction to modify determination.
- ORS 109.757: Simultaneous proceedings.
- ORS 109.764: Jurisdiction declined by reason of conduct.
- ORS 109.804: Immediate physical custody of child; exceptions; spousal privilege in certain proceedings.
- ORS 109.817: Appeals.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors109.html