The status quo in family law is often used in custody cases. When a couple separates or files for divorce, there are often conflicts over who the children will live with and when they will visit the other parent. If both parents claim primary physical custody, the court will likely make a standstill order until the custody and access issues can be resolved by the court. This means that children must continue to live in their familiar homes, attend their familiar schools, and pursue other activities of family life. According to the Black Book Dictionary, Definition of the Status Quo The status quo is a Latin expression abbreviated from its original “in status quo res errant ante beullm”, which translates as “in the state in which things were before the war”. The status quo refers to an existing state that is most commonly used in relation to social, legal or political situations. In a legal context, a judge may make a standstill order to protect the parties to a dispute from changes that could affect the outcome. If this order is made, the situation will remain exactly as it was before the trial began, until a judge issues a permanent judicial decision. A standstill order can almost serve as an effective and inexpensive “light” detention order. “Status quo.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/status%20quo. Retrieved 14 January 2022. The status quo ante is the abbreviated version of the “status quo ante bellum”. If the status quo implies the maintenance of a situation in its current state, the status quo ante returns the situation to its previous state.
In family court, a judge can make a standstill order to restore things to their normal state before filing for divorce or other proceedings. (1) (a) A court may, on the application of a party, make an interim order of standstill to either party in a proceeding to vary a judgment conferring custody of a child after (A) the other party has been notified; and (B) give the other party an opportunity to challenge the issuance of the order. (b) The application for a standstill order must be supported by an affidavit or affidavit in the form required by ORCP 1 E, detailing the information required by ORS 109.767 and the person with whom the child has lived in the previous year and the child`s current schedule. Daily routine and habitual residence. (c) Notice to the party against whom the application for an order is directed must be served at least 21 days before the date fixed for the hearing. For example, under family law, a standstill order can be issued to prevent one parent from removing a child from the residence or territory without the consent of the other parent, the other parent can apply for a standstill order. These orders are intended to protect the child during a custody dispute until the parties can make a parenting plan or until the court has sufficient evidence to make a decision on interim custody. Some divorces and separations begin with one parent taking the children from the other parent, removing them from school, hiding them, etc. If you are trying to maintain a child`s living situation and routine, a standstill order may be appropriate. There is explicit concern about parents` attempts to take advantage of status quo relationships by artificially creating them to the detriment of the other party. The courts have responded to this concern by stating that a party who leaves the home with a child without sufficient reason should not be able to benefit from or invoke the newly created “status quo” arrangements. When the parties have recently separated, the courts often view the status quo as the time when the family was still together and the foster relationships that existed at that time.
For this reason, parents who attempt to artificially create a new status quo with self-help tactics and manipulative behaviour despite the best interests of the child are viewed unfavourably by the courts when decisions are made regarding custody arrangements. As with most legal matters, you will need to prove your claims. You will need to provide your own version to solidify your claim in this area. Document as much evidence as possible and have reliable witnesses you can call to back up your side of the story. For example, Sally and Steve file for divorce, and Steve took the couple`s three children and left home. A battle for custody has begun, in which both sides are already hurling accusations and insults. The judge is likely to issue a standstill order that will return the children to their family home with their mother, as this is where they can attend their current schools, have regular contact with friends and maintain their normal routine.