My ex wife has threatened to gain emergency relief to protect my children against me for reasons not necessarily relevant here, and I am curious to know whether I am given an opportunity to respond in this instance, and if not what likely appeal do I have if I am presented with unreasonable restrictions based on an emergency protection order of some sort?
A parent who is involved in a divorce or child custody proceeding can ask the Court for something called an 'immediate danger' child custody order. To apply for such an order, the parent has to file a motion and affidavit alleging that their children would be in immediate danger of imminent physical or mental harm if left in the other parent's custody. If they make a 'prima faice' case ("on the face of it" - that is, if we assume the allegations are true, granting them the benefit of the doubt), then the Court approves the order on an initial basis, and they can remove the children from the other parent's care. That other parent - you, in this case - then has the right to request a hearing to review the order. That hearing must be held within 14 days of the request, if at all possible. At the hearing, the burden is on the parent who sought the order, to prove, by clear and convincing evidence, that the children really were in immediate danger at the time the order was issued.
In practice, this is a fairly heavy burden to bear. Parents in custody cases ask for these orders fairly often, but despite that - or, perhaps, because of that - courts uphold them relatively rarely. It's worth mentioning that it is very common for parents in child custody cases to see their co-parents as these horrible, evil, monstrous people - but this is not a perception that courts want to encourage. Judges want to find a way for people's families to rub along, somehow, without having to come back to court all the time. So they're very reluctant to make big changes in the ways families work, or to cut one parent out of a child's life. Oregon law presumes that it is in the best interests of children to have an ongoing relationship with both of their parents. Even parents who are accused of doing Very Bad Things get to see their children (though under supervised conditions, sometimes, if the allegations are proved).
We don't have any information here about just what the 'emergency' would be that your wife wants to claim, so it's hard to say how likely she'd be to win her motion. But in any case, yes, you would have the right to request review, though the process can feel slow and laborious. You should consult with an attorney in private if you're going through a divorce.
If your ex wife has an attorney you will likely be given notice of when they will appear to request emergency relief and you should appear then to present your argument. If you don't get notice and your ex wife obtains an emergency order, request a hearing right away. Probably you need an attorney to help you request and attend a hearing. Good luck.
