Motion & Declaration 226 Immediate Danger Page 1 of 2 (Sep 2018) THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF Case No: Petitioner EX PARTE MOTION FOR ORDER OF and IMMEDIATE DANGER & TEMPORARY CUSTODY AND PARENTING TIME Respondent & DECLARATION IN SUPPORT pre - judgment post - judgment and Unmarried children 18, 19, or 20 years old (per ORS 107.108) (full names) Pre-judgment: A Petition has been filed requesting custody and/or parenting time. No Judgment has been issued. Post-judgment: Date of most recent Judgment awarding custody and/or parenting time: Note: a motion for modification of your judgment must be filed before (or along with) this motion IMPORTANT (for post-judgment motions): You MUST make a good faith effort to contact the other parent about the reason you want an Immediate Danger Order. This includes telling the other parent when and where you are going to court. Motion I, (name) , request an emergency order regarding the children named below. This order should stay in effect until otherwise ordered by the court. My children are in immediate danger as explained in the Declaration below Name and Age Name and Age Additional children on attached page A. CUSTODY I request custody of the following children: The other parent should have parenting time as specified in Section B, below B. PARENTING TIME No parenting time The other parent should have parenting time with the children as follows (include names of affected children): American LegalNet, Inc. www.FormsWorkFlow.com Motion & Declaration 226 Immediate Danger Page 2 of 2 (Sep 2018) Parenting time should be supervised by Any cost of supervision should be paid by Petitioner Respondent Statement of Points and Authorities ORS 107.097(3) permits the court to enter ex parte a temporary order providing for custody of or parenting time with a child if the court finds that the child is in immediate danger. ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required. Declaration 1.The children named above are in immediate danger because of the following facts (explain): Additional page attached titled 223Section 1224 2.UCCJEA Information (Uniform Child Custody Jurisdiction and Enforcement Act) was included inthe Petition, Motion for Modification, or Response 3.Post-judgment only: I have made a good faith effort to confer with the other partyregarding the purpose and time of this court appearance. Describe how and when youconferred with the other party: Certificate of Document Preparation. Check all that apply: I chose this form for myself and completed it without paid help A legal help organization helped me choose or complete this form, but I did not pay money to anyone I paid (or will pay) for help choosing, completing, or reviewing this form Guide & File selected and completed this form and I did not pay anyone to review the completed form I hereby declare that the above statements are true and complete to the best of my knowledge and belief. I understand they are made for use in court and I am subject to penalty for perjury. Submitted by: Petitioner Respondent Date Signature Name (printed) Contact Address City / State / ZIP Contact Phone American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 2 Case No.: IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF Case No: CERTIFICATE OF SERVICE Petitioner (ORCP 7D(2)) and (a) Personal Service (b) Substitute Service (c) Office Service Respondent (d) Service by Mail I, (name) , declare that I am a resident of the state of . I am a competent person 18 years of age or older. I am not a party to or lawyer in this case, and not the employee of a party. I certify that the person served is the person named below. I served true copies of the original (check all that apply): Petition and Summons Information about mediation Notice of Confidential Information Form (CIF) Filing Notice of Statutory Restraining Order Preventing Dissipation of Assets Order to Show Cause re: Modification with Motion and Declaration Information about continuing insurance coverage (COBRA) Uniform Support Declaration Other information provided by the court clerk (name all forms or documents served) Other (name all forms or documents served) by (check a, b, c, or d and complete all information): (a) Personal Service on (date), at a.m./p.m., to {Petitioner Respondent} (name)in person at the following address in the County of , State of . (b) Substitute Service on (date), at a.m./p.m., by delivering them to the following address in the County of , State of . Delivered to (name) , who is a person age 14 or older and who lives there. (Complete the section below only if the server also did the follow-up mailing required by ORCP 7D(2)(b). If a person other than the server did the follow-up mailing, that person must complete a separate Certificate of Service Mailing.) On (date) , I personally deposited a true copy of the same documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage paid, addressed to the party to be served: Petitioner Respondent (name) , at the party222s home address listed above, together with a statement of the date, American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 Case No.: time and place that the documents were hand-delivered to the party222s dwelling (residence). (c) Office Service on (date) , at a.m./p.m., by delivering them to the office of the party to be served, located at: (address) , during normal working hours for that office, where I left the documents with (name) , who is a person apparently in charge, to give the documents to the party to be served. (Complete the section below only if the server also did the follow-up mailing required by ORCP 7D(2)(c). If a person other than the server did the follow-up mailing, that person must complete a separate Certificate of Service Mailing.) On (date) , I personally deposited a true copy of the same documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage paid, addressed to the party to be served: Petitioner Respondent (name) , at the party222s: home address at: , OR business address above, together with a statement of the date, time and place that the documents were hand-delivered to the party222s office. (d) Service by Mail, Return Receipt Requested on (date) , I personally deposited two true copies with the U.S. Postal Service. One by first class mail, and the other by certified or registered mail, Return Receipt Requested, or by express mail, postage paid, addressed to the party to be served: Petitioner Respondent (name), at the party222s home address located at: (address). (NOTE: If mailed Return Receipt Requested, the return receipt must be attached to this Certificate of Service.) Certificate of Document Preparation. Check all that apply: I chose this form for myself and completed it without paid help. A legal help organization helped me choose or complete this form, but I did not pay money to anyone. I paid (or will pay) for help choosing, completing, or reviewing this form. TurboCourt selected and completed this form and I did not pay anyone to review the completed form. I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and I am subject to penalty for perjury. Date Signature of Server Print Name If person serving is NOT a sheriff or sheriff222s deputy, address and phone number of server: American LegalNet, Inc. www.FormsWorkFlow.com