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Can I file an interim contact order while await my custody going to court?

Roseburg, OR |

If mother will not let me have contact with my child. Can I apply for an interim contact order form C100 to ensure my relationship with my child is not disrupted, pending a custodial court case?

Attorney Answers 2

  1. There are a couple of things you can do to get parenting time if you've filed a custody case but no judgment yet exists and you're waiting for a court date. If you've been seeing the child regularly for the majority of the previous three months, you can ask the court to issue a 'temporary protective order of restraint' that requires both parents to continue to follow the same schedule that the child has observed in that time. (I don't know if this is called a "form C100" by some courts; I've never heard that term. It's called a 'TPOR,' but many laypeople and lawyers incorrectly refer to these as 'status quo orders.' A status quo order is a real thing in child custody cases, and it's something else. Status quo orders are for when a judgment already exists.)

    If you haven't been seeing the child regularly, you can still file a motion seeking a temporary order pending a final hearing. Depending on your court's schedule, it can still take a couple of months to get to that hearing, but it's better than nothing.

    Note also that a major factor in custody decisions is the willingness of each parent to foster and encourage an ongoing relationship between the child and the other parent. If your co-parent has been refusing to allow you contact with the child, the court should take that into account, and make it clear to them that this can't continue.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>

  2. I have no idea what you mean by form C100 - I would guess the AG's office that put forms online may have given the form a number. We lawyers make our own forms so we don't use numbers. What Mr. Bodzin mention, and TPOR (Temporary protective order of restraint) will keep a current pattern of visitation in place. But you also can seek an order for temporary parenting time pending the trial. You will need to contact the court and ask them what you need to do to get a short hearing - like 30 minutes - so you can ask for temporary visitation pending the final trial. The best thing to do when you are representing yourself and trying to save money is go down to the courthouse in person, talk to the family law clerk, tell them what you are trying to do, and see if they will give you some guidance. The next best thing is to spend a little money and talk to an attorney. (Talking to an attorney however is highly recommended. Please realize that you can pay an attorney just for an hour or two to advise you how to navigate the court system. It doesn't have to involve paying an expensive retainer.)

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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