Chapter 107 —
Marital Dissolution, Annulment and Separation;
Mediation and
Conciliation Services; Family Abuse Prevention
2007 EDITION
DISSOLUTION, ANNULMENT AND SEPARATION
DOMESTIC RELATIONS
DISSOLUTION, ANNULMENT AND SEPARATION
107.005 Annulment
of void marriage; declaration of validity; effect of declaration
107.015 Grounds
for annulment or dissolution of marriage
107.025 Irreconcilable
differences as grounds for dissolution or separation
107.036 Doctrines
of fault and in pari delicto abolished; evidence and consideration of fault
107.046 Appearance
by public official
107.055 Appearance
by respondent; affirmative defenses abolished
107.065 Waiting
period in dissolution suit; waiver
107.075 Residence
requirements
107.085 Petition;
title; content
107.086 Where
to file petition
107.087 When
petition to be served on Division of Child Support
107.088 Clerk
of court to furnish certain information when petition is filed
107.089 Documents
parties must furnish to each other; effect of failure to furnish
107.092 Notice
that spouse may continue health insurance coverage; liability of clerk
107.093 Restraining
order; request for hearing
107.094 Forms
for restraining order and request for hearing
107.095 Provisions
court may make after commencement of suit and before judgment
107.097 Ex
parte temporary custody or parenting time orders; temporary protective order of
restraint; hearing
107.101 Policy
regarding parenting
107.102 Parenting
plan; content
107.104 Policy
regarding settlement; enforcement of settlement terms; remedies
107.105 Provisions
of judgment
107.106 Provisions
of order or judgment providing for custody, parenting time, visitation or
support of child
107.108 Support
or maintenance for child attending school; rules
107.111 When
parents equally responsible for funeral expenses of child
107.115 Effect
of judgment; effective date; appeal pending upon death of party
107.118 Definitions
for ORS 107.118 to 107.131
107.121 Revocation
of designation of beneficiary upon entry of judgment
107.124 Effect
of revocation
107.127 Notice
of revocation; payments made under governing instrument
107.131 Conveyance
or release of contingent or expectant interests
107.135 Vacation
or modification of judgment; policy regarding settlement; enforcement of
settlement terms; remedies
107.136 Reinstatement
of terminated spousal support
107.137 Factors
considered in determining custody of child
107.138 Temporary
status quo order regarding child custody
107.139 Post-judgment
ex parte temporary custody or parenting time order; hearing
107.149 Policy
regarding parents and their children
107.154 Authority
of parent when other parent granted sole custody of child
107.159 Notice
of change of residence
107.164 Parents’
duty to provide information to each other
107.169 Joint
custody of child; modification
107.174 Modification
of order for parenting time; stipulation; exception for nonresident child
107.179 Request
for joint custody of children; mediation
107.400 Amendment
of pleadings in dissolution, annulment or separation proceedings to change
relief sought
107.405 Powers
of court in dissolution, annulment or separation proceedings
107.406 Finding;
policy regarding spousal support
107.407 Petition
to set aside spousal support provisions of judgment
107.412 Procedure
applicable to ORS 107.407; matters considered; attorney fees
107.415 Notice
of change of status of child; effect of failure to give notice
107.425 Investigation
of parties in domestic relations suit involving children; physical, psychological,
psychiatric or mental health examinations; parenting plan services; counsel for
children
107.431 Modification
of portion of judgment regarding parenting time or child support; procedure
107.434 Expedited
parenting time enforcement procedure; fees; remedies
107.437 Order
of assistance to obtain custody of child held in violation of custody order
107.445 Attorney
fees in certain domestic relations proceedings
107.449 Transfer
of proceeding under ORS 107.135 to auxiliary circuit court
107.452 Reopening
case if assets discovered after entry of judgment
SEPARATION
107.455 Effect
of separation statutes or judgments on subsequent dissolution proceedings
107.465 Conversion
of judgment of separation into judgment of dissolution
107.475 Court
to determine duration of separation; modification or vacation of judgment
SUMMARY DISSOLUTION PROCEDURE
107.485 Conditions
for summary dissolution procedure
107.490 Commencement
of proceeding; petition content; court authority
107.500 Forms
CONCILIATION SERVICES
107.510 Definitions
for ORS 107.510 to 107.610
107.520 Establishment
of conciliation jurisdiction
107.530 Source
of conciliation services; county to pay expenses
107.540 Conciliation
jurisdiction by court; effect
107.550 Petition
for conciliation jurisdiction; content; rules
107.560 Effect
of petition; waiver
107.570 Notice;
attendance at hearings
107.580 Restriction
of services; priority when children involved; rules
107.590 Court
orders; reconciliation agreements
107.600 Privacy
of proceedings; confidentiality of communications; records
107.610 Qualifications
of conciliation counselors
107.615 Fees
to support services; contracts for service; eligibility rules
FAMILY ABUSE PREVENTION ACT
107.700 Short
title
107.705 Definitions
for ORS 107.700 to 107.735
107.707 Application
of Uniform Child Custody Jurisdiction and Enforcement Act
107.710 Petition
to circuit court for relief; burden of proof
107.716 Hearing;
order; certificate of compliance; effect on title to real property; no undertaking
required
107.718 Restraining
order; service of order; request for hearing
107.719 Removal
of personal effects; party accompanied by peace officer
107.720 Enforcement
of restraining orders; sheriff’s proceedings; security; termination order
107.721 Petitioner’s
change of residence
107.722 Effect
of dissolution, annulment or separation judgment or modification order on abuse
prevention order; modification of preexisting order or judgment
107.723 Service
of restraining order; facsimile by sheriff
107.725 Renewal
of order entered under ORS 107.716 or 107.718
107.726 Standing
to petition for relief of person under 18 years of age
107.728 Where
to file petition; contempt proceedings
107.730 Modification
of custody and parenting time provisions of order entered under ORS 107.700 to
107.735; attorney fees
107.732 Recovering
custody of child
107.735 Duties
of State Court Administrator
MEDIATION PROCEDURES
107.755 Court-ordered
mediation; rules
107.765 When
referral to mediation permitted; scope of mediation; report to court of outcome
of mediation
107.775 Methods
of providing mediation services; qualifications; costs
107.785 Privacy
of proceedings; confidentiality of communications; records
107.795 Availability
of other remedies
LIFE INSURANCE ON OBLIGOR
107.810 Policy
107.820 Support
order as insurable interest; order to obtain, renew or continue insurance;
right of beneficiary to purchase insurance or pay premiums
107.830 Physical
examination may be ordered; responsibility for premiums
MISCELLANEOUS
107.835 Waiver
of personal service in subsequent contempt proceeding
107.837 Attorney
fees; effect of authorization to party
107.840 Confidentiality
of Social Security numbers
107.843 Supplemental
judgments
Note: Definitions in 25.010 and 25.011 apply to
ORS chapter 107.
DISSOLUTION,
ANNULMENT AND SEPARATION
107.005
Annulment of void marriage; declaration of validity; effect of declaration. (1) A marriage may be declared void from the
beginning for any of the causes specified in ORS 106.020; and, whether so
declared or not, shall be deemed and held to be void in any action, suit or
proceeding in which it may come into question.
(2) When either husband or wife claims or
pretends that the marriage is void or voidable under the provisions of ORS
106.020, it may at the suit of the other be declared valid or that it was void
from the beginning or that it is void from the time of the judgment.
(3) A marriage once declared valid by the
judgment of a court having jurisdiction thereof, in a suit for that purpose,
cannot afterward be questioned for the same cause directly or otherwise. [1971
c.280 §7; 2003 c.576 §102]
107.010 [Repealed by 1971 c.280 §28]
107.015
Grounds for annulment or dissolution of marriage. (1) Except as provided in subsection (2) of
this section, a judgment for the annulment or dissolution of a marriage may be
rendered:
(a) When either party to the marriage was
incapable of making the marriage contract or consenting to the marriage for
want of legal age or sufficient understanding; or
(b) When the consent of either party was
obtained by force or fraud.
(2) A judgment for the annulment or
dissolution of a marriage may not be rendered for a reason described in
subsection (1) of this section if the marriage contract was afterward ratified.
[1971 c.280 §8; 2003 c.576 §103; 2007 c.22 §2]
107.020 [Repealed by 1971 c.280 §28]
107.025
Irreconcilable differences as grounds for dissolution or separation. (1) A judgment for the dissolution of a
marriage or a permanent or unlimited separation may be rendered when
irreconcilable differences between the parties have caused the irremediable
breakdown of the marriage.
(2) A judgment for separation may be
rendered when:
(a) Irreconcilable differences between the
parties have caused a temporary or unlimited breakdown of the marriage;
(b) The parties make and file with the
court an agreement suspending for a period not less than one year their
obligation to live together as husband and wife, and the court finds such
agreement to be just and equitable; or
(c) Irreconcilable differences exist
between the parties and the continuation of their status as married persons
preserves or protects legal, financial, social or religious interest. [1971
c.280 §9; 1973 c.502 §1; 2003 c.576 §104]
107.030 [Amended by 1953 c.439 §2; 1965 c.311 §1;
repealed by 1971 c.280 §28]
107.035 [1969 c.264 §2; repealed by 1971 c.280 §28]
107.036
Doctrines of fault and in pari delicto abolished; evidence and consideration of
fault. (1) The doctrines of
fault and of in pari delicto are abolished in suits for the annulment or
dissolution of a marriage or for separation.
(2) The court shall not receive evidence
of specific acts of misconduct, excepting where child custody is an issue and
such evidence is relevant to that issue, or excepting at a hearing when the
court finds such evidence necessary to prove irreconcilable differences.
(3) In dividing, awarding and distributing
the real and personal property (or both) of the parties (or either of them)
between the parties, or in making such property or any of it subject to a
trust, and in fixing the amount and duration of the contribution one party is
to make to the support of the other, the court shall not consider the fault, if
any, of either of the parties in causing grounds for the annulment or
dissolution of the marriage or for separation.
(4) Where satisfactory proof of grounds
for the annulment or dissolution of a marriage or for separation has been made,
the court shall render a judgment for the annulment or dissolution of the
marriage or for separation. A judgment of separation shall state the duration
of the separation. [1971 c.280 §10; 1973 c.502 §2; 2003 c.576 §105]
107.040 [Amended by 1965 c.388 §1; repealed by 1971
c.280 §28]
107.045 [1957 c.444 §1; 1965 c.603 §1; repealed by
1971 c.280 §28]
107.046
Appearance by public official.
The district attorney, or in appropriate cases the Division of Child Support,
shall appear in any suit for the annulment or dissolution of a marriage or for
separation when requested by the court. [1971 c.280 §4; 1973 c.502 §3; 1979
c.482 §1]
107.050 [Amended by 1965 c.603 §2; repealed by 1971
c.280 §28]
107.055
Appearance by respondent; affirmative defenses abolished. The respondent shall not be required to
answer a petition for annulment or dissolution of a marriage or for separation
except by filing a general appearance or a general appearance with
counterclaims relating to matters other than the grounds for annulment,
dissolution or separation. Affirmative defenses are abolished. [1971 c.280 §11;
1973 c.502 §4]
107.060 [Amended by 1965 c.603 §3; repealed by 1971
c.280 §28]
107.065
Waiting period in dissolution suit; waiver. (1) Except as provided in ORS 107.095 and in subsection (2) of this
section, no trial or hearing on the merits in a suit for the dissolution of a
marriage shall be had until after the expiration of 90 days from the date of:
(a) The service of the summons and
petition upon the respondent; or
(b) The first publication of summons.
(2)(a) Upon written motion, the court may
in its discretion grant a judgment dissolving the marriage prior to the
expiration of the waiting period. The written motion must be supported by an
affidavit setting forth grounds of emergency or necessity and facts that satisfy
the court that immediate action is warranted to protect the rights or interest
of any party or person who might be affected by a judgment in the proceedings.
(b) An affidavit stating that a stipulated
judgment has been signed by the parties is adequate grounds of necessity for
immediate action under this subsection.
(c) If the court grants a judgment before
the expiration of the waiting period, the court shall find and recite in the
judgment the grounds of emergency or necessity and the facts with respect
thereto. [1971 c.280 §6; 1979 c.284 §99; 1999 c.569 §1; 2003 c.576 §243]
107.070 [Repealed by 1971 c.280 §28]
107.075
Residence requirements. (1)
If the marriage was solemnized in this state and either party is a resident of
or domiciled in the state at the time the suit is commenced, a suit for its
annulment or dissolution may be maintained where the ground alleged is one set
forth in ORS 106.020 or 107.015.
(2) When the marriage was not solemnized
in this state or when any ground other than set forth in ORS 106.020 or 107.015
is alleged, at least one party must be a resident of or be domiciled in this
state at the time the suit is commenced and continuously for a period of six
months prior thereto.
(3) In a suit for separation, one of the
parties must be a resident of or domiciled in this state at the time the suit
is commenced.
(4) Residence or domicile under subsection
(2) or (3) of this section is sufficient to give the court jurisdiction without
regard to the place where the marriage was solemnized or where the cause of
suit arose. [1971 c.280 §5; 1973 c.502 §5]
107.080 [Repealed by 1971 c.280 §28]
107.085
Petition; title; content.
(1) A suit for marital annulment, dissolution or separation shall be entitled: “IN
THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief
sought).” The moving party shall be designated as the “Petitioner” and the
other party the “Respondent.” Nothing in this section shall preclude both
parties from acting as “Copetitioners.”
(2) The petitioner shall state the
following in the petition:
(a) The names and dates of birth of all of
the children born or adopted during the marriage, and a reference to and
expected date of birth of any children conceived during the marriage but not
yet born;
(b) The names and dates of birth of all
children born to the parties prior to the marriage;
(c) To the extent known:
(A) Whether there is pending in this state
or any other jurisdiction a domestic relations suit, as defined in ORS 107.510;
(B) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving dependents
of the same marriage, including one brought under this section or ORS 108.110,
109.100, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110;
and
(C) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
dependents of the same marriage; and
(d) That the petitioner acknowledges that
by filing the petition the petitioner is bound by the terms of the restraining
order issued under ORS 107.093.
(3) The petitioner shall include with the
petition a certificate regarding any pending support proceeding and any
existing support order. The petitioner shall use a certificate that is in a
form established by court rule and include information required by court rule
and subsection (2)(c)(B) and (C) of this section.
(4) At or prior to the hearing of a suit
for marital annulment, dissolution or separation, the moving party or the party
attending the hearing shall file with the court a written statement setting
forth the full names and any former names of the parties, the residence,
mailing or contact addresses of the parties, the ages of both parties, the date
and place of the marriage of the parties, and the names and ages of the
children born to or adopted by the parties. This information shall be
incorporated in and made a part of the judgment.
(5) If real property is involved, the
petitioner may have a notice of pendency of the action recorded at the time the
petition is filed, as provided in ORS 93.740.
(6) The Social Security numbers of the
parties and of the children born or adopted during the marriage and children
born to the parties prior to the marriage shall be provided as established in
ORS 107.840. [1971 c.280 §2; 1973 c.502 §6; 1979 c.144 §1; 1979 c.421 §14; 1983
c.728 §1; 1987 c.586 §25; 1993 c.448 §4; 2003 c.116 §3; 2003 c.380 §3; 2003
c.414 §4; 2003 c.576 §106]
107.086
Where to file petition. A
petition for marital annulment, dissolution or separation may be filed only in
a county in which the petitioner or respondent resides. [2003 c.289 §6]
107.087
When petition to be served on Division of Child Support. Whenever a suit for dissolution, separation
or annulment is initiated under ORS 107.085 and the child support rights of one
of the parties or of a child of both of the parties have been assigned to the
state, a true copy of the petition shall be served by mail or personal delivery
on the Administrator of the Division of Child Support of the Department of
Justice or on the branch office providing support services to the county in
which the suit is filed. [1979 c.90 §6; 2001 c.334 §3]
107.088
Clerk of court to furnish certain information when petition is filed. (1) At the time a suit for legal separation
or for dissolution is filed, the clerk of the court shall furnish to the
petitioner a copy of ORS 107.089. The petitioner may serve a copy of ORS
107.089 upon the respondent and shall provide proof of service to the court in
accordance with ORCP 9.
(2) Regardless of whether the petitioner
serves the respondent with a copy of ORS 107.089, the respondent may serve the
petitioner with a copy of ORS 107.089 at any time and provide proof of service
in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]
107.089
Documents parties must furnish to each other; effect of failure to furnish. (1) If served with a copy of this section as
provided in ORS 107.088, each party in a suit for legal separation or for
dissolution shall provide to the other party copies of the following documents
in their possession or control:
(a) All federal and state income tax
returns filed by either party for the last three calendar years;
(b) If income tax returns for the last
calendar year have not been filed, all W-2 statements, year-end payroll
statements, interest and dividend statements and all other records of income
earned or received by either party during the last calendar year;
(c) All records showing any income earned
or received by either party for the current calendar year;
(d) All financial statements, statements
of net worth and credit card and loan applications prepared by or for either
party during the last two calendar years;
(e) All documents such as deeds, real
estate contracts, appraisals and most recent statements of assessed value
relating to real property in which either party has any interest;
(f) All documents showing debts of either
party, including the most recent statement of any loan, credit line or charge
card balance due;
(g) Certificates of title or registrations
of all automobiles, motor vehicles, boats or other personal property registered
in either party’s name or in which either party has any interest;
(h) Documents showing stocks, bonds,
secured notes, mutual funds and other investments in which either party has any
interest;
(i) The most recent statement describing
any retirement plan, IRA pension plan, profit-sharing plan, stock option plan
or deferred compensation plan in which either party has any interest; and
(j) All financial institution or brokerage
account records on any account in which either party has had any interest or
signing privileges in the past year, whether or not the account is currently
open or closed.
(2)(a) Except as otherwise provided in
paragraph (b) of this subsection, the party shall provide the information
listed in subsection (1) of this section to the other party no later than 30
days after service of a copy of this section.
(b) If a support hearing is pending fewer
than 30 days after service of a copy of this section on either party, the party
upon whom a copy of this section is served shall provide the information listed
in subsection (1)(a) to (d) of this section no later than three judicial days
before the hearing.
(3)(a) If a party does not provide
information as required by subsections (1) and (2) of this section, the other
party may apply for a motion to compel as provided in ORCP 46.
(b) Notwithstanding ORCP 46 A(4), if the
motion is granted and the court finds that there was willful noncompliance with
the requirements of subsections (1) and (2) of this section, the court shall
require the party whose conduct necessitated the motion or the party or
attorney advising the action, or both, to pay to the moving party the reasonable
expenses incurred in obtaining the order, including attorney fees.
(4) If a date for a support hearing has
been set and the information listed in subsection (1)(a) to (d) of this section
has not been provided as required by subsection (2) of this section:
(a) By the obligor, the judge shall
postpone the hearing, if requested to do so by the obligee, and provide in any
future order for support that the support obligation is retroactive to the date
of the original hearing; or
(b) By the obligee, the judge shall
postpone the hearing, if requested to do so by the obligor, and provide that
any support ordered in a future hearing may be prospective only.
(5) The provisions of this section do not
limit in any way the discovery provisions of the Oregon Rules of Civil
Procedure or any other discovery provision of Oregon law. [1995 c.800 §5; 1997 c.631 §402;
1997 c.707 §33]
107.090 [Amended by 1953 c.602 §2; 1955 c.648 §4;
1959 c.572 §1; 1969 c.221 §1; repealed by 1971 c.280 §28]
107.092
Notice that spouse may continue health insurance coverage; liability of clerk. (1) The clerk of the court shall furnish to
both parties in a suit for legal separation or for dissolution, at the time the
suit is filed, a notice of ORS 743.600, 743.601, 743.602 and 743.610 entitling
a spouse to continue health insurance coverage.
(2) The notice shall be prepared by the
Director of the Department of Consumer and Business Services and also shall
include a summary of the provisions of ORS 743.600.
(3) A clerk of the court is not liable for
damages arising from information contained in or omitted from a notice
furnished under this section. [1981 c.752 §16; 1987 c.505 §6; 1995 c.603 §31]
107.093
Restraining order; request for hearing. (1) After a petition for marital annulment, separation or dissolution
is filed and upon service of summons and petition upon the respondent as
provided in ORCP 7, a restraining order is in effect against the petitioner and
the respondent until a final judgment is issued, until the petition for marital
annulment, separation or dissolution is dismissed, or until further order of
the court.
(2) The restraining order issued under
this section shall restrain the petitioner and respondent from:
(a) Canceling, modifying, terminating or
allowing to lapse for nonpayment of premiums any policy of health insurance,
homeowner or renter insurance or automobile insurance that one party maintains
to provide coverage for the other party or a minor child of the parties, or any
life insurance policy that names either of the parties or a minor child of the
parties as a beneficiary.
(b) Changing beneficiaries or covered
parties under any policy of health insurance, homeowner or renter insurance or
automobile insurance that one party maintains to provide coverage for the other
party or a minor child of the parties, or any life insurance policy.
(c) Transferring, encumbering, concealing
or disposing of property in which the other party has an interest, in any
manner, without written consent of the other party or an order of the court,
except in the usual course of business or for necessities of life. This
paragraph does not apply to payment by either party of:
(A) Attorney fees in the existing action;
(B) Real estate and income taxes;
(C) Mental health therapy expenses for
either party or a minor child of the parties; or
(D) Expenses necessary to provide for the
safety and welfare of a party or a minor child of the parties.
(d) Making extraordinary expenditures
without providing written notice and an accounting of the extraordinary
expenditures to the other party. This paragraph does not apply to payment by
either party of expenses necessary to provide for the safety and welfare of a
party or a minor child of the parties.
(3) Either party restrained under this
section may apply to the court for further temporary orders, including
modification or revocation of the restraining order issued under this section.
(4) The restraining order issued under
this section shall also include a notice that either party may request a hearing
on the restraining order by filing a request for hearing with the court.
(5) A copy of the restraining order issued
under this section shall be attached to the summons.
(6) A party who violates a term of a
restraining order issued under this section is subject to imposition of
remedial sanctions under ORS 33.055 based on the violation, but is not subject
to:
(a) Criminal prosecution based on the
violation; or
(b) Imposition of punitive sanctions under
ORS 33.065 based on the violation. [2003 c.414 §2; 2007 c.22 §3]
107.094
Forms for restraining order and request for hearing. (1) Forms shall be established by court rule
for:
(a) The restraining order issued under ORS
107.093; and
(b) The request for hearing under ORS
107.093.
(2) The forms established under subsection
(1) of this section must include the terms of the restraining order described
in ORS 107.093. [2003 c.414 §3]
107.095
Provisions court may make after commencement of suit and before judgment. (1) After the commencement of a suit for
marital annulment, dissolution or separation and until a general judgment
therein, the court may provide as follows:
(a) That a party pay to the clerk of the
court such amount of money as may be necessary to enable the other party to
prosecute or defend the suit, including costs of expert witnesses, and also
such amount of money to the Department of Justice, court clerk or court
administrator, whichever is appropriate, as may be necessary to support and
maintain the other party.
(b) For the care, custody, support and
maintenance, by one party or jointly, of the minor children as described in ORS
107.105 (1)(a) and for the parenting time rights as described in ORS 107.105
(1)(b) of the parent not having custody of such children.
(c) For the restraint of a party from
molesting or interfering in any manner with the other party or the minor
children.
(d) That if minor children reside in the
family home and the court considers it necessary for their best interest to do
so, the court may require either party to move out of the home for such period
of time and under such conditions as the court may determine, whether the home
is rented, owned or being purchased by one party or both parties.
(e) Restraining and enjoining either party
or both from encumbering or disposing of any of the real or personal property
of either or both of the parties, except as ordered by the court.
(f) For the temporary use, possession and
control of the real or personal property of the parties or either of them and
the payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside
in the family home, the court may require one party to move out of the home for
such period of time and under such conditions as the court determines, whether
the home is rented, owned or being purchased by one party or both parties if
that party assaults or threatens to assault the other.
(2) A limited judgment under ORS chapter
18 may be entered in an action for dissolution or annulment of a marriage
providing for a support award, as defined by ORS 18.005, or other money award,
as defined by ORS 18.005. Notwithstanding ORS 19.255, a limited judgment
entered under this subsection may not be appealed. Any decision of the court in
a limited judgment subject to this subsection may be appealed as otherwise
provided by law upon entry of a general judgment.
(3) The court shall not require an
undertaking in case of the issuance of an order under subsection (1)(c), (d),
(e), (f) or (g) of this section.
(4) In a suit for annulment or dissolution
of marriage or for separation, wherein the parties are copetitioners or the
respondent is found by the court to be in default or the respondent having
appeared has waived further appearance or the parties stipulate to the entry of
a judgment, the court may, when the cause is otherwise ready for hearing on the
merits, in lieu of such hearing, enter a judgment of annulment or dissolution
or for separation based upon a current affidavit of the petitioner or
copetitioners, setting forth a prima facie case, and covering such additional
matters as the court may require. If child support or custody of minor children
is involved, then the affidavit also shall include:
(a) The gross monthly income of each
party, to the best of the affiant’s knowledge; and
(b) The name of the party with whom the
children currently reside and the length of time they have so resided.
(5) When a court orders relief under
subsection (1)(c) or (d) of this section, the court may include in its order an
expiration date for the order to allow entry of the order into the Law
Enforcement Data System and the databases of the National Crime Information
Center of the United States Department of Justice as provided in ORS 107.720.
If the person being restrained was provided notice and an opportunity to be
heard, the court shall also include in the order, when appropriate, terms and
findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person’s
ability to possess firearms and ammunition or engage in activities involving
firearms. [1971 c.280 §12; 1973 c.502 §7; 1977 c.205 §1; 1977 c.847 §1; 1977
c.878 §1a; 1979 c.86 §1; 1981 c.668 §1; 1987 c.873 §27; 1987 c.885 §1; 1991
c.82 §1; 1993 c.223 §4; 1993 c.716 §2; 1997 c.704 §41; 1997 c.707 §5; 1999
c.569 §2; 1999 c.1052 §5; 2001 c.286 §1; 2003 c.576 §107]
107.097
Ex parte temporary custody or parenting time orders; temporary protective order
of restraint; hearing. (1)
Except as otherwise provided in subsection (3) of this section, a court may not
enter ex parte a temporary order under ORS 107.095, 109.103 or 109.119
providing for the custody of, or parenting time with, a child.
(2)(a) A party may apply to a court for a
temporary protective order of restraint by filing with the court an affidavit
conforming to the requirements of ORS 109.767.
(b) Upon receipt of an application under
this subsection, the court may issue a temporary protective order of restraint
restraining and enjoining each party from:
(A) Changing the child’s usual place of
residence;
(B) Interfering with the present placement
and daily schedule of the child;
(C) Hiding or secreting the child from the
other party;
(D) Interfering with the other party’s
usual contact and parenting time with the child;
(E) Leaving the state with the child
without the written permission of the other party or the permission of the
court; or
(F) In any manner disturbing the current
schedule and daily routine of the child until custody or parenting time has
been determined.
(c) A copy of the order and the supporting
affidavit must be served on the other party in the manner of service of a
summons under ORCP 7. The order must include the following statement:
______________________________________________________________________________
Notice: You may request a hearing on this
order as long as it remains in effect by filing with the court a request for a
hearing. In the request you must tell the court and the other party that you
object to the order and specifically why you disagree with the representation
of the status quo described in the order. In the request you must also inform
the court of your telephone number or contact number and your current
residence, mailing or contact address.
______________________________________________________________________________
(3)(a) A court may enter ex parte a
temporary order providing for the custody of, or parenting time with, a child
if:
(A) The party requesting an order is
present in court and presents an affidavit alleging that the child is in
immediate danger; and
(B) The court finds, based on the facts
presented in the party’s testimony and affidavit and in the testimony of the
other party, if the other party is present, that the child is in immediate
danger.
(b) The party requesting an order under
this subsection shall provide the court with telephone numbers where the party
can be reached at any time during the day and a contact address.
(c) A copy of the order and the supporting
affidavit must be served on the other party in the manner of service of a
summons under ORCP 7. The order must include the following statement:
______________________________________________________________________________
Notice: You may request a hearing on this
order as long as it remains in effect by filing with the court a request for a hearing.
In the request you must tell the court and the other party that you object to
the order on the ground that the child was not in immediate danger at the time
the order was issued. In the request you must also inform the court of your
telephone number or contact number and your current residence, mailing or
contact address.
______________________________________________________________________________
(4)(a) A party against whom an order is
entered under subsection (2) or (3) of this section may request a hearing by
filing with the court a hearing request described in subsection (2) or (3) of
this section at any time while the order is in effect.
(b) The court shall make reasonable
efforts to hold a hearing within 14 days and shall hold a hearing no later than
21 days after receipt of the request for the hearing. The court shall notify
each party of the time, date and place of the hearing.
(c) An order issued under subsection (2)
or (3) of this section remains in effect through the date of the hearing. If
the party against whom the order was entered fails to appear at the hearing
without good cause, the court shall continue the order in effect. If the party
who obtained the order fails to appear at the hearing without good cause, the
court shall vacate the order.
(d) The issue at a hearing to contest:
(A) A temporary protective order of
restraint is limited to a determination of the status quo at the time the order
was issued. If the child’s usual place of residence cannot be determined, the
court may make any further order the court finds appropriate in the best
interests of the child.
(B) A temporary order for the custody of,
or parenting time with, a child is limited to whether the child was in
immediate danger at the time the order was issued.
(5) The State Court Administrator shall
prescribe the content and form of a request for a hearing described in
subsections (2) and (3) of this section.
(6) As used in this section:
(a) “Child’s usual place of residence” has
the meaning given that term in ORS 107.138.
(b) “Party’s usual contact and parenting
time,” “present placement and daily schedule of the child” and “current
schedule and daily routine of the child” have the meanings given “parent’s
usual contact and parenting time,” “present placement and daily schedule of the
child” and “current schedule and daily routine of the child” in ORS 107.138. [1995
c.792 §1; 1997 c.136 §1; 1997 c.386 §3; 1997 c.707 §6; 1999 c.59 §19; 1999
c.649 §44; 2007 c.11 §1]
107.100 [Amended by 1953 c.553 §2; 1953 c.635 §2;
1961 c.540 §1; 1963 c.476 §1; 1965 c.603 §6; 1969 c.198 §53; 1969 c.591 §283;
repealed by 1971 c.280 §28]
107.101
Policy regarding parenting.
It is the policy of this state to:
(1) Assure minor children of frequent and
continuing contact with parents who have shown the ability to act in the best
interests of the child;
(2) Encourage such parents to share in the
rights and responsibilities of raising their children after the parents have
separated or dissolved their marriage;
(3) Encourage parents to develop their own
parenting plan with the assistance of legal and mediation professionals, if
necessary;
(4) Grant parents and courts the widest
discretion in developing a parenting plan; and
(5) Consider the best interests of the
child and the safety of the parties in developing a parenting plan. [1997 c.707
§1]
107.102
Parenting plan; content. (1)
In any proceeding to establish or modify a judgment providing for parenting
time with a child, except for matters filed under ORS 107.700 to 107.735, there
shall be developed and filed with the court a parenting plan to be included in
the judgment. A parenting plan may be either general or detailed.
(2) A general parenting plan may include a
general outline of how parental responsibilities and parenting time will be
shared and may allow the parents to develop a more detailed agreement on an
informal basis. However, a general parenting plan must set forth the minimum
amount of parenting time and access a noncustodial parent is entitled to have.
(3) A detailed parenting plan may include,
but need not be limited to, provisions relating to:
(a) Residential schedule;
(b) Holiday,
birthday and vacation planning;
(c) Weekends, including holidays, and
school in-service days preceding or following weekends;
(d) Decision-making and responsibility;
(e) Information sharing and access;
(f) Relocation of parents;
(g) Telephone access;
(h) Transportation; and
(i) Methods for resolving disputes.
(4)(a) The court shall develop a detailed
parenting plan when:
(A) So requested by either parent; or
(B) The parent or parents are unable to
develop a parenting plan.
(b) In developing a parenting plan under
this subsection, the court may consider only the best interests of the child
and the safety of the parties. [1997 c.707 §2]
107.104
Policy regarding settlement; enforcement of settlement terms; remedies. (1) It is the policy of this state:
(a) To encourage the settlement of suits
for marital annulment, dissolution or separation; and
(b) For courts to enforce the terms of
settlements described in subsection (2) of this section to the fullest extent
possible, except when to do so would violate the law or would clearly
contravene public policy.
(2) In a suit for marital annulment,
dissolution or separation, the court may enforce the terms set forth in a
stipulated judgment signed by the parties, a judgment resulting from a
settlement on the record or a judgment incorporating a marital settlement
agreement:
(a) As contract terms using contract
remedies;
(b) By imposing any remedy available to
enforce a judgment, including but not limited to contempt; or
(c) By any combination of the provisions
of paragraphs (a) and (b) of this subsection.
(3) A party may seek to enforce an
agreement and obtain remedies described in subsection (2) of this section by
filing a motion, serving notice on the other party in the manner provided by
ORCP 7 and, if a remedy under subsection (2)(b) of this section is sought,
complying with the statutory requirements for that remedy. All claims for
relief arising out of the same acts or omissions must be joined in the same
proceeding.
(4) Nothing in subsection (2) or (3) of
this section limits a party’s ability, in a separate proceeding, to file a
motion to set aside, alter or modify a judgment under ORS 107.135 or to seek
enforcement of an ancillary agreement to the judgment. [2001 c.203 §2; 2003
c.576 §108]
107.105
Provisions of judgment. (1)
Whenever the court renders a judgment of marital annulment, dissolution or
separation, the court may provide in the judgment:
(a) For the future care and custody, by
one party or jointly, of all minor children of the parties born, adopted or
conceived during the marriage and for minor children born to the parties prior
to the marriage, as the court may deem just and proper under ORS 107.137. The
court may hold a hearing to decide the custody issue prior to any other issues.
When appropriate, the court shall recognize the value of close contact with
both parents and encourage joint parental custody and joint responsibility for
the welfare of the children.
(b) For parenting time rights of the
parent not having custody of such children and for visitation rights pursuant
to a petition filed under ORS 109.119. When a parenting plan has been developed
as required by ORS 107.102, the court shall review the parenting plan and, if
approved, incorporate the parenting plan into the court’s final order. When
incorporated into a final order, the parenting plan is determinative of
parenting time rights. If the parents have been unable to develop a parenting
plan or if either of the parents requests the court to develop a detailed
parenting plan, the court shall develop the parenting plan in the best interest
of the child, ensuring the noncustodial parent sufficient access to the child
to provide for appropriate quality parenting time and ensuring the safety of
the parties, if implicated. The court may deny parenting time to the
noncustodial parent under this subsection only if the court finds that
parenting time would endanger the health or safety of the child. The court
shall recognize the value of close contact with both parents and encourage,
when practicable, joint responsibility for the welfare of such children and
extensive contact between the minor children of the divided marriage and the
parties. If the court awards parenting time to a noncustodial parent who has
committed abuse, the court shall make adequate provision for the safety of the
child and the other parent in accordance with the provisions of ORS 107.718
(6).
(c) For the support of the children of the
marriage by the parties. In ordering child support, the formula established
under ORS 25.275 shall apply. The court may at any time require an accounting
from the custodial parent with reference to the use of the money received as
child support. The court is not required to order support for any minor child
who has become self-supporting, emancipated or married or who has ceased to
attend school after becoming 18 years of age.
(d) For spousal support, an amount of
money for a period of time as may be just and equitable for one party to
contribute to the other, in gross or in installments or both. The court may
approve an agreement for the entry of an order for the support of a party. In
making the spousal support order, the court shall designate one or more
categories of spousal support and shall make findings of the relevant factors
in the decision. The court may order:
(A) Transitional spousal support as needed
for a party to attain education and training necessary to allow the party to
prepare for reentry into the job market or for advancement therein. The factors
to be considered by the court in awarding transitional spousal support include
but are not limited to:
(i) The duration of the marriage;
(ii) A party’s training and employment
skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of
each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support
responsibilities; and
(vii) Any other factors the court deems
just and equitable.
(B) Compensatory spousal support when
there has been a significant financial or other contribution by one party to
the education, training, vocational skills, career or earning capacity of the
other party and when an order for compensatory spousal support is otherwise
just and equitable in all of the circumstances. The factors to be considered by
the court in awarding compensatory spousal support include but are not limited
to:
(i) The amount, duration and nature of the
contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the
parties;
(iv) The extent to which the marital
estate has already benefited from the contribution;
(v) The tax consequences to each party;
and
(vi) Any other factors the court deems
just and equitable.
(C) Spousal maintenance as a contribution
by one spouse to the support of the other for either a specified or an
indefinite period. The factors to be considered by the court in awarding
spousal maintenance include but are not limited to:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including
their physical, mental and emotional condition;
(iv) The standard of living established
during the marriage;
(v) The relative income and earning
capacity of the parties, recognizing that the wage earner’s continuing income
may be a basis for support distinct from the income that the supported spouse
may receive from the distribution of marital property;
(vi) A party’s training and employment
skills;
(vii) A party’s work experience;
(viii) The financial needs and resources
of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support
responsibilities; and
(xi) Any other factors the court deems
just and equitable.
(e) For the delivery to one party of such
party’s personal property in the possession or control of the other at the time
of the giving of the judgment.
(f) For the division or other disposition
between the parties of the real or personal property, or both, of either or
both of the parties as may be just and proper in all the circumstances. A
retirement plan or pension or an interest therein shall be considered as
property. The court shall consider the contribution of a spouse as a homemaker
as a contribution to the acquisition of marital assets. There is a rebuttable
presumption that both spouses have contributed equally to the acquisition of
property during the marriage, whether such property is jointly or separately
held. Subsequent to the filing of a petition for annulment or dissolution of
marriage or separation, the rights of the parties in the marital assets shall
be considered a species of coownership, and a transfer of marital assets under
a judgment of annulment or dissolution of marriage or of separation entered on
or after October 4, 1977, shall be considered a partitioning of jointly owned
property. The court shall require full disclosure of all assets by the parties
in arriving at a just property division. In arriving at a just and proper
division of property, the court shall consider reasonable costs of sale of
assets, taxes and any other costs reasonably anticipated by the parties. If a
spouse has been awarded spousal support in lieu of a share of property, the
court shall so state on the record and shall order the obligor to provide for
and maintain life insurance in an amount commensurate with the obligation and
designating the obligee as beneficiary for the duration of the obligation. If
the obligor dies prior to the termination of such support and such insurance is
not in force, the court may modify the method of payment of spousal support
under the judgment or order of support from installments to a lump sum payment
to the obligee from the estate of the obligor in an amount commensurate with
the present value of the spousal support at the time of death. The obligee or
attorney of the obligee shall cause a certified copy of the judgment to be
delivered to the life insurance company or companies. If the obligee or the
attorney of the obligee delivers a true copy of the judgment to the life
insurance company or companies, identifying the policies involved and
requesting such notification under this section, the company or companies shall
notify the obligee, as beneficiary of the insurance policy, whenever the
policyholder takes any action that will change the beneficiary or reduce the
benefits of the policy. Either party may request notification by the insurer
when premium payments have not been made. If the obligor is ordered to provide
for and maintain life insurance, the obligor shall provide to the obligee a
true copy of the policy. The obligor shall also provide to the obligee written
notice of any action that will reduce the benefits or change the designation of
the beneficiaries under the policy.
(g) For the creation of trusts as follows:
(A) For the appointment of one or more
trustees to hold, control and manage for the benefit of the children of the
parties, of the marriage or otherwise such of the real or personal property of
either or both of the parties, as the court may order to be allocated or
appropriated to their support and welfare, and to collect, receive, expend,
manage or invest any sum of money awarded for the support and welfare of minor
children of the parties.
(B) For the appointment of one or more
trustees to hold, manage and control such amount of money or such real or
personal property of either or both of the parties, as may be set aside,
allocated or appropriated for the support of a party.
(C) For the establishment of the terms of
the trust and provisions for the disposition or distribution of such money or
property to or between the parties, their successors, heirs and assigns after
the purpose of the trust has been accomplished. Upon petition of a party or a
person having an interest in the trust showing a change of circumstances
warranting a change in the terms of the trust, the court may make and direct
reasonable modifications in its terms.
(h) To change the name of either spouse to
a name the spouse held before the marriage. The court shall order a change if
it is requested by the affected party.
(i) For a money award for any sums of
money found to be then remaining unpaid upon any order or limited judgment
entered under ORS 107.095. If a limited judgment was entered under ORS 107.095,
the limited judgment shall continue to be enforceable for any amounts not paid
under the limited judgment unless those amounts are included in the money award
made by the general judgment.
(j) For an award of reasonable attorney
fees and costs and expenses reasonably incurred in the action in favor of a
party or in favor of a party’s attorney.
(2) In determining the proper amount of
support and the proper division of property under subsection (1)(c), (d) and
(f) of this section, the court may consider evidence of the tax consequences on
the parties of its proposed judgment.
(3) Upon the filing of the judgment, the
property division ordered shall be deemed effective for all purposes. This transfer
by judgment, which shall affect solely owned property transferred to the other
spouse as well as commonly owned property in the same manner as would a
declaration of a resulting trust in favor of the spouse to whom the property is
awarded, is not a taxable sale or exchange.
(4) If an appeal is taken from a judgment
of annulment or dissolution of marriage or of separation or from any part of a
judgment rendered in pursuance of the provisions of ORS 107.005 to 107.086,
107.095, 107.105, 107.115 to 107.174, 107.405, 107.425, 107.445 to 107.520,
107.540 and 107.610, the court rendering the judgment may provide in a
supplemental judgment for any relief provided for in ORS 107.095 and shall
provide that the relief granted in the judgment is to be in effect only during
the pendency of the appeal. A supplemental judgment under this subsection may
be enforced as provided in ORS 33.015 to 33.155 and ORS chapter 18. A
supplemental judgment under this subsection may be appealed in the same manner
as provided for supplemental judgments modifying a domestic relations judgment
under ORS 19.275.
(5) If an appeal is taken from the
judgment or other appealable order in a suit for annulment or dissolution of a
marriage or for separation and the appellate court awards costs and
disbursements to a party, the court may also award to that party, as part of
the costs, such additional sum of money as it may adjudge reasonable as an
attorney fee on the appeal.
(6) If, as a result of a suit for the
annulment or dissolution of a marriage or for separation, the parties to such
suit become owners of an undivided interest in any real or personal property,
or both, either party may maintain supplemental proceedings by filing a
petition in such suit for the partition of such real or personal property, or
both, within two years from the entry of the judgment, showing among other
things that the original parties to the judgment and their joint or several
creditors having a lien upon any such real or personal property, if any there
be, constitute the sole and only necessary parties to such supplemental
proceedings. The procedure in the supplemental proceedings, so far as
applicable, shall be the procedure provided in ORS 105.405 for the partition of
real property, and the court granting the judgment shall have in the first
instance and retain jurisdiction in equity therefor. [1971 c.280 §13; 1973
c.502 §8; 1975 c.722 §1; 1975 c.733 §2; 1977 c.205 §2; 1977 c.847 §2; 1977
c.878 §2a; 1979 c.144 §2; 1981 c.775 §1; 1983 c.728 §2; 1987 c.795 §9; 1987
c.885 §2; 1989 c.811 §6; 1993 c.315 §1; 1993 c.716 §3; 1995 c.22 §1; 1995 c.608
§3; 1997 c.22 §1; 1997 c.71 §19; 1997 c.707 §7; 1999 c.587 §1; 1999 c.762 §1;
2001 c.873 §5; 2003 c.576 §109; 2005 c.536 §7; 2005 c.568 §29; 2007 c.71 §27]
107.106
Provisions of order or judgment providing for custody, parenting time, visitation
or support of child. (1) An
order or judgment providing for the custody, parenting time, visitation or
support of a child under ORS chapter 25, 107, 108, 109 or 110 or ORS 419B.400 or
419C.590 shall include:
(a) Provisions addressing the issues of:
(A) Payment of uninsured medical expenses
of the child;
(B) Maintenance of insurance or other
security for support; and
(C) Maintenance of a health benefit plan
for the child under ORS 25.321 to 25.343.
(b) A statement in substantially the
following form:
______________________________________________________________________________
The terms of child support and parenting
time (visitation) are designed for the child’s benefit and not the parents’
benefit. You must pay support even if you are not receiving visitation. You
must comply with visitation orders even if you are not receiving child support.
Violation of child support orders and
visitation orders is punishable by fine, imprisonment or other penalties.
Publicly funded help is available to
establish, enforce and modify child support orders. Paternity establishment
services are also available. Contact your local district attorney or the
Department of Justice at (503) 373-7300 for information.
Publicly funded help may be available to
establish, enforce and modify visitation orders. Forms are available to enforce
visitation orders. Contact the domestic relations court clerk or civil court
clerk for information.
______________________________________________________________________________
(2) The court or administrative law judge
shall ensure the creation and filing of an order or judgment that complies with
this section.
(3) This section does not apply to an
action undertaken by the Division of Child Support of the Department of Justice
or a district attorney under ORS 25.080. [1995 c.800 §9; 1997 c.249 §36; 1997
c.707 §8; 2003 c.73 §49a; 2003 c.75 §83; 2003 c.637 §17]
107.107 [1981 c.775 §4; repealed by 1983 c.728 §9]
107.108
Support or maintenance for child attending school; rules. (1) As used in this section:
(a) “Child attending school” means a child
of the parties who:
(A) Is unmarried;
(B) Is 18 years of age or older and under
21 years of age;
(C) Is making satisfactory academic
progress as defined by the school that the child attends; and
(D) Has a course load that is no less than
one-half of the load that is determined by the school to constitute full-time
enrollment.
(b) “Regularly scheduled break” means:
(A) A summer semester or term;
(B) A period of time not exceeding four
months between graduation from or completion of school and the beginning of the
next regularly scheduled term, semester or course of study at school;
(C) A period of time between the end and
beginning of regularly scheduled consecutive school semesters, terms or courses
of study; or
(D) Any other scheduled break between
courses of study that is defined by the school as a regularly scheduled break.
(c) “School” means:
(A) An educational facility such as a high
school, community college, four-year college or university;
(B) A course of professional, vocational
or technical training, including the Job Corps, designed to fit the child for
gainful employment; or
(C) A high school equivalency course,
including but not limited to a General Educational Development (GED) program,
an educational program for grade 12 or below and home schooling.
(2) A support order entered or modified
under this chapter or under ORS chapter 25, 108, 109, 110, 125, 416, 419B or
419C may require either parent, or both of them, to provide for the support or
maintenance of a child attending school.
(3) Notwithstanding ORS 416.407, a child
attending school is a party to any legal proceeding related to the support order.
A child attending school may:
(a) Apply for services under ORS 25.080:
(A) If a support order provides for the
support or maintenance of the child attending school; or
(B) In accordance with rules adopted by
the Department of Justice;
(b) Request a judicial or administrative
modification of the child support amount or may receive notice of and
participate in any modification proceeding; and
(c) Agree, in the same manner as an
obligee under ORS 25.020 (12), that payments not made to the Department of
Justice should be credited for amounts that would have been paid to the child
attending school if the payments had been made to the department.
(4) Regardless of whether the child is a
child attending school, an unmarried child who is 18 years of age or older and
under 21 years of age:
(a) Is a necessary party to a judicial
proceeding under ORS 107.085, 107.135, 107.431, 108.110, 109.103 or 109.165 in
which the child’s parents are parties and the court has authority to order or
modify support for a child attending school; and
(b) May request notice of any proceeding
initiated by the administrator to modify a support order that may affect the
child’s rights as a child attending school. To receive notice, the child shall
provide an address to the administrator, and the administrator shall notify the
child of any modification proceeding by first class mail. To be a party to a
proceeding, the child must send a written request to the administrator within
30 days after the date of the notice of the proceeding.
(5)(a) If a support order provides for the
support or maintenance of a child attending school and the child qualifies as a
child attending school, unless good cause is found for the distribution of the
payment to be made in some other manner, support shall be distributed to the
child if services are being provided under ORS 25.080 or shall be paid directly
to the child if those services are not being provided.
(b) Unless otherwise ordered by the court,
administrator or administrative law judge, when there are multiple children for
whom support is ordered, the amount distributed or paid directly to a child
attending school is a prorated share based on the number of children for whom
support is ordered. However, if, due to a parenting time or split custody arrangement,
support was not paid to the parent having primary physical custody of the child
before the child turned 18 years of age, support may not be distributed or paid
directly to the child attending school unless the support order is modified.
(c) The Department of Justice shall adopt
rules to define good cause and circumstances under which the administrator or
administrative law judge may allocate support by other than a prorated share
and to determine how support is to be allocated in those circumstances.
(6)(a) For support payments to continue to
be distributed or paid directly to the child attending school, the child shall
provide to each parent ordered to pay support and, if services are being
provided under ORS 25.080, to the department:
(A) Written notice of the child’s intent
to attend or continue to attend school. The child shall provide the notice
before reaching 18 years of age. The notice must include the name of the school
and the expected graduation date or date when the child will stop attending
classes. If the child changes schools, the child shall provide the information
required by this subsection concerning the subsequent school before the
expected graduation date or date when the child will stop attending classes at
the previous school.
(B) Written consent that:
(i) Is directed to the child’s school and
is in a form consistent with state and federal requirements that restrict
disclosure of student records;
(ii) Gives the school authority to
disclose to each parent ordered to pay support the child’s enrollment status,
whether the child is maintaining satisfactory academic progress, a list of
courses in which the child is enrolled and the child’s grades; and
(iii) States that the disclosure is for
the purpose of permitting each parent to verify the child’s compliance with the
requirements of this section.
(b) The child shall provide the written
consent form described in paragraph (a)(B) of this subsection within 30 days
after the beginning of the first term or semester after the child reaches 18
years of age, at the beginning of each academic year thereafter and as
otherwise required by the school to disclose the information under this
section.
(c) If an order of nondisclosure of
information has been entered concerning the child under ORS 25.020, the child
may provide the information described in paragraph (a)(B) of this subsection in
the manner established by the department by rule.
(7) Each parent ordered to pay support
shall continue to make support payments, to be distributed or paid directly, to
the child during regularly scheduled breaks as long as the child intends to
continue attending school the next scheduled term or semester.
(8) A parent’s obligation to pay support
to a child attending school is suspended when:
(a) The child has reached 18 years of age
and has not provided written notice of the child’s intent to attend or continue
to attend school, or the child has graduated or reached the date to stop
attending classes, as provided under subsection (6)(a)(A) of this section;
(b)(A) Services are not being provided
under ORS 25.080;
(B) The parent has provided the child with
a written notice of the parent’s intent to stop paying support directly to the
child because the child is no longer a child attending school or the child has
not provided the written consent required by subsection (6)(a)(B) of this
section; and
(C) Thirty days have passed since the
parent provided the notice to the child and the parent has not received:
(i) Written confirmation from the school
that the child is enrolled in the school and is a child attending school; or
(ii) The written consent from the child as
required by subsection (6)(a)(B) of this section;
(c)(A) Services are being provided under
ORS 25.080;
(B) A parent ordered to pay support has
provided the department with written notice that the child is no longer a child
attending school or that the child has not provided the written consent
required by subsection (6)(a)(B) of this section;
(C) The department has provided written
notice to the child requiring:
(i) Written confirmation, on a form
developed by the department, from the school that the child is enrolled in the
school and is a child attending school; and
(ii) Proof that the written consent
required by subsection (6)(a)(B) of this section has been provided to the
parent ordered to pay support; and
(D) Thirty days have passed since the
department provided the notice to the child and the department has not
received:
(i) Written confirmation from the school
that the child is enrolled in the school and is a child attending school; or
(ii) Proof that the written consent
required by subsection (6)(a)(B) of this section has been provided to the
parent ordered to pay support.
(9) When a parent’s support obligation has
been suspended under subsection (8) of this section, the obligation is
reinstated:
(a) If services are not being provided
under ORS 25.080, effective on the date the parent receives written
confirmation from the school that the child is enrolled in the school and is a child
attending school and receives the written consent from the child as required by
subsection (6)(a)(B) of this section; or
(b) If services are being provided under
ORS 25.080, effective on the date the department receives written confirmation
from the school that the child is enrolled in the school and is a child
attending school and receives proof that the written consent required by
subsection (6)(a)(B) of this section has been provided to the parent ordered to
pay support.
(10) If a parent ordered to pay support is
paying a prorated share under subsection (5) of this section and that
obligation is suspended under subsection (8) of this section, the parent shall
pay to the obligee the amount previously paid to the child attending school
until such time as the support order is modified. The suspension of a parent’s
obligation to pay support to a child attending school is a substantial change
of circumstances for purposes of modifying a support order. In a proceeding to
modify a support order, the court, administrator or administrative law judge
may order a modified amount of support and may order an amount of support to be
paid in the event that a support obligation is reinstated under subsection (9)
of this section.
(11)(a) If services are being provided
under ORS 25.080 and the department has suspended a support obligation under
subsection (8) of this section or reinstated a support obligation under
subsection (9) of this section, a party may request administrative review of
the action within 30 days after the date of the notice that the department has
suspended or reinstated the support obligation.
(b) The department may adopt rules
specifying the issues that may be considered on review.
(c) A party may appeal the department’s
decision on review under ORS 183.484.
(12)(a) Notwithstanding any other
provision of this section, if a parent who is required to provide for the
support or maintenance of a child attending school has established a higher
education savings plan for the child’s continued education, the court may order
payment in accordance with the plan instead of ordering support that would
otherwise be distributed or paid directly to the child under this section.
(b) If the court orders payment in
accordance with the plan, the court may not order compliance with or payment of
that provision of the order through the department.
(c) As used in this subsection, “higher
education savings plan” means a tax-advantaged account established by a parent
on behalf of a child for the purpose of paying qualified higher education
expenses of the child at eligible educational institutions.
(13) A support order that provides for the
support or maintenance of a child attending school is subject to this section
regardless of when the support order was entered.
(14) A support order that provides for the
support or maintenance of a child attending school is intended to recognize the
importance of continuing education for a child over 18 years of age who does
not benefit from an intact family or who has been removed from the household.
While support may serve to supplement the resources available to the child
attending school, it is not intended to replace other resources or meet all of
the financial needs of a child attending school. [1973 c.827 §12b; 1981 c.669 §1;
1989 c.518 §1; 1995 c.343 §21; 1997 c.704 §51; 2003 c.73 §50a; 2003 c.75 §84;
2003 c.576 §110; 2005 c.591 §1]
107.110 [Amended by 1965 c.603 §4; 1969 c.179 §1;
1969 c.198 §54; 1969 c.591 §284; repealed by 1971 c.280 §28]
107.111
When parents equally responsible for funeral expenses of child. Whenever a court imposes upon the parents of
a person under 18 years of age a shared obligation to support the person
financially, the parents, unless the order creating the obligation of support
specifically provides otherwise, shall be equally responsible financially for
funeral expenses resulting from the death of the person before reaching the age
of 18 years. [1983 c.728 §8]
107.115
Effect of judgment; effective date; appeal pending upon death of party. (1) A judgment of annulment or dissolution
of a marriage restores the parties to the status of unmarried persons, unless a
party is married to another person. The judgment gives the court jurisdiction
to award, to be effective immediately, the relief provided by ORS 107.105. The
judgment shall revoke a will pursuant to the provisions of ORS 112.315.
(2) The marriage relationship is
terminated when the court signs the judgment of dissolution of marriage.
(3)(a) The Court of Appeals or Supreme
Court shall continue to have jurisdiction of an appeal pending at the time of
the death of either party. The appeal may be continued by the personal
representative of the deceased party. The attorney of record on the appeal, for
the deceased party, may be allowed a reasonable attorney fee, to be paid from
the decedent’s estate. However, costs on appeal may not be awarded to either
party.
(b) The Court of Appeals or Supreme Court
shall have the power to determine finally all matters presented on such appeal.
Before making final disposition, the Court of Appeals or Supreme Court may
refer the proceeding back to the trial court for such additional findings of
fact as are required. [1971 c.280 §14; 1981 c.537 §2; 1987 c.586 §26; 1993
c.149 §1; 1999 c.569 §3; 2003 c.576 §111]
107.118
Definitions for ORS 107.118 to 107.131. As used in ORS 107.118 to 107.131:
(1) “Designation of beneficiary” means the
naming of a person in a governing instrument for the purpose of a transfer of
moneys or other benefits upon the death of the principal.
(2) “Governing instrument” means a policy
of life insurance executed by a principal before a suit for marital
dissolution, separation or annulment or a document executed by the principal
before a suit for marital dissolution, separation or annulment for the purpose
of designating a beneficiary under:
(a) An employee pension benefit plan, as
defined in 29 U.S.C. 1002 (2) for the purposes of the Employee Retirement
Income Security Act of 1974;
(b) A public retirement system of a public
body, as defined in ORS 174.109, or of any other state or local government;
(c) A federal retirement system created by
the federal government for any officer or employee of the United States,
including any person retired from service in the United States Civil Service,
the Armed Forces of the United States or any agency or subdivision thereof;
(d) A deferred compensation plan under
section 457 of the Internal Revenue Code;
(e) An individual retirement account,
annuity or trust or simplified employee pension under section 408 or 408A of
the Internal Revenue Code;
(f) An employee annuity, including
custodial accounts treated as annuities, under section 403(a) or (b) of the
Internal Revenue Code; or
(g) A retirement account, stock
certificate, mutual fund account, bank account or other financial account that
is not jointly owned by the principal and the principal’s spouse and that is
payable or transferable upon the death of the principal.
(3) “Principal” means the person who
designates a beneficiary in a governing instrument and who is a party to a suit
for marital dissolution, separation or annulment.
(4) “Relative of the spouse” means a
person who is related to a spouse by blood, adoption or marriage and who is not
related to the principal by blood, adoption or marriage.
(5) “Spouse” means a person who is or was
married to the principal. [2005 c.285 §2]
Note: 107.118 to 107.131 were added to and made a
part of ORS chapter 107 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
107.120 [Repealed by 1971 c.280 §28]
107.121
Revocation of designation of beneficiary upon entry of judgment. (1) A judgment of dissolution, separation or
annulment may revoke a designation of beneficiary made by a principal in favor
of a spouse or a relative of the spouse if the designation of beneficiary is
revocable as described in subsection (2) of this section.
(2) A designation of beneficiary is
revocable for the purposes of this section if the principal at the time of the
judgment may, by law or under the terms of the instrument, cancel or change the
designation of beneficiary.
(3) A designation of beneficiary is
revocable for the purposes of this section without regard to whether the
principal is:
(a) Competent at the time of the entry of
judgment; or
(b) Able to designate the principal in
place of the spouse or in place of the relative of the spouse.
(4) The revocation of a designation of
beneficiary under this section becomes effective upon entry of the judgment. [2005
c.285 §3]
Note: See note under 107.118.
107.124
Effect of revocation. If a
designation of beneficiary is revoked under ORS 107.121, the designation of
beneficiary must be given effect as if the spouse or the relative of the spouse
had predeceased the principal. [2005 c.285 §4]
Note: See note under 107.118.
107.125 [1965 c.386 §3; repealed by 1971 c.280 §28]
107.126 [1971 c.280 §15; 1993 c.716 §4; 1993 c.763 §7;
1997 c.801 §148; repealed by 2003 c.576 §580]
107.127
Notice of revocation; payments made under governing instrument. (1) A person is not liable for having made a
payment to a beneficiary designated in a governing instrument, or for having
taken any other action in good-faith reliance on the governing instrument,
unless the person has received written notice of the revocation of designation
of beneficiary under ORS 107.121.
(2) Written notice of the revocation under
this section shall be mailed to the home or office of the person by regular United States
mail or be given by a means designed to provide the person with notice of the
revocation.
(3) Upon receipt of written notice of the
revocation under this section, a person may pay the amount owed under a
governing instrument to any court in which probate proceedings for the estate
of the principal are pending. If probate proceedings for the estate of the
principal have not been commenced, the person may pay the amount to the circuit
court for the county in which the principal resided at the time of death. The court
shall hold the funds and shall order disbursement in accordance with the court’s
determination of the effect on the judgment of dissolution, separation or
annulment. Payments made to the court under this section discharge the person
making the payment from all claims for the amount paid to the court. [2005
c.285 §5]
Note: See note under 107.118.
107.130 [Amended by 1961 c.429 §1; repealed by 1971
c.280 §28]
107.131
Conveyance or release of contingent or expectant interests. In addition to the revocation of designation
of beneficiary under ORS 107.121, a judgment of dissolution, separation or
annulment may require conveyance or release of contingent or expectant
interests, including right of survivorship, that are necessary to effectuate a
division of assets between the principal and the spouse in the marital
dissolution, separation or annulment. [2005 c.285 §6]
Note: See note under 107.118.
107.135
Vacation or modification of judgment; policy regarding settlement; enforcement
of settlement terms; remedies.
(1) The court may at any time after a judgment of annulment or dissolution of
marriage or of separation is granted, upon the motion of either party and after
service of notice on the other party in the manner provided by ORCP 7, and
after notice to the Division of Child Support when required under subsection
(9) of this section:
(a) Set aside, alter or modify any portion
of the judgment that provides for the appointment and duties of trustees, for
the custody, parenting time, visitation, support and welfare of the minor
children and the children attending school, as defined in ORS 107.108,
including any health or life insurance provisions, for the support of a party
or for life insurance under ORS 107.820 or 107.830;
(b) Make an order, after service of notice
to the other party, providing for the future custody, support and welfare of
minor children residing in the state, who, at the time the judgment was given,
were not residents of the state, or were unknown to the court or were
erroneously omitted from the judgment;
(c) Terminate a duty of support toward any
minor child who has become self-supporting, emancipated or married;
(d) After service of notice on the child
in the manner provided by law for service of a summons, suspend future support
for any child who has ceased to be a child attending school as defined in ORS
107.108; and
(e) Set aside, alter or modify any portion
of the judgment that provides for a property award based on the enhanced
earning capacity of a party that was awarded before October 23, 1999. A
property award may be set aside, altered or modified under this paragraph:
(A) When the person with the enhanced
earning capacity makes a good faith career change that results in less income;
(B) When the income of the person with the
enhanced earning capacity decreases due to circumstances beyond the person’s
control; or
(C) Under such other circumstances as the
court deems just and proper.
(2) When a party moves to set aside, alter
or modify the child support provisions of the judgment:
(a) The party shall state in the motion,
to the extent known:
(A) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving children of
the marriage, including one brought under ORS 25.287, 107.431, 109.100,
125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
children of the marriage, other than the judgment the party is moving to set
aside, alter or modify.
(b) The party shall include with the
motion a certificate regarding any pending support proceeding and any existing
support order other than the judgment the party is moving to set aside, alter
or modify. The party shall use a certificate that is in a form established by
court rule and include information required by court rule and paragraph (a) of
this subsection.
(3) In a proceeding under this section to
reconsider the spousal or child support provisions of the judgment, the
following provisions apply:
(a) A substantial change in economic
circumstances of a party, which may include, but is not limited to, a
substantial change in the cost of reasonable and necessary expenses to either
party, is sufficient for the court to reconsider its order of support, except
that an order of compensatory spousal support may only be modified upon a
showing of an involuntary, extraordinary and unanticipated change in
circumstances that reduces the earning capacity of the paying spouse.
(b) If the judgment provided for a
termination or reduction of spousal support at a designated age in anticipation
of the commencement of pension, Social Security or other entitlement payments,
and if the obligee is unable to obtain the anticipated entitlement payments,
that inability is sufficient change in circumstances for the court to
reconsider its order of support.
(c) If Social Security is considered in
lieu of spousal support or partial spousal support, the court shall determine the
amount of Social Security the party is eligible to collect. The court shall
take into consideration any pension, retirement or other funds available to
either party to effect an equitable distribution between the parties and shall
also take into consideration any reduction of entitlement caused by taking
early retirement.
(4) In considering under this section
whether a change in circumstances exists sufficient for the court to reconsider
spousal or child support provisions of a judgment, the following provisions
apply:
(a) The court or administrator, as defined
in ORS 25.010, shall consider income opportunities and benefits of the
respective parties from all sources, including but not limited to:
(A) The reasonable opportunity of each
party, the obligor and obligee respectively, to acquire future income and
assets.
(B) Retirement benefits available to the
obligor and to the obligee.
(C) Other benefits to which the obligor is
entitled, such as travel benefits, recreational benefits and medical benefits,
contrasted with benefits to which the obligee is similarly entitled.
(D) Social Security benefits paid to a
child, or to a representative payee administering the funds for the child’s use
and benefit, as a result of the obligor’s disability or retirement if the
benefits:
(i) Were not previously considered in the
child support order; or
(ii) Were considered in an action
initiated before May 12, 2003.
(E) Apportioned Veterans’ benefits or
Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35
paid to a child, or to a representative payee administering the funds for the
child’s use and benefit, as a result of the obligor’s disability or retirement
if the benefits:
(i) Were not previously considered in the
child support order; or
(ii) Were considered in an action
initiated before May 12, 2003.
(b) If the motion for modification is one
made by the obligor to reduce or terminate support, and if the obligee opposes
the motion, the court shall not find a change in circumstances sufficient for
reconsideration of support provisions, if the motion is based upon a reduction
of the obligor’s financial status resulting from the obligor’s taking voluntary
retirement, partial voluntary retirement or any other voluntary reduction of
income or self-imposed curtailment of earning capacity, if it is shown that
such action of the obligor was not taken in good faith but was for the primary
purpose of avoiding the support obligation. In any subsequent motion for
modification, the court shall deny the motion if the sole basis of the motion
for modification is the termination of voluntarily taken retirement benefits
and the obligor previously has been found not to have acted in good faith.
(c) The court shall consider the following
factors in deciding whether the actions of the obligor were not in “good faith”:
(A) Timing of the voluntary retirement or
other reduction in financial status to coincide with court action in which the
obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income
producing assets and property were awarded to the obligor, and spousal support
in lieu of such property was awarded to the obligee.
(C) Extent of the obligor’s dissipation of
funds and assets prior to the voluntary retirement or soon after filing for the
change of circumstances based on retirement.
(D) If earned income is reduced and absent
dissipation of funds or large gifts, whether the obligor has funds and assets
from which the spousal support could have been paid.
(E) Whether the obligor has given gifts of
substantial value to others, including a current spouse, to the detriment of
the obligor’s ability to meet the preexisting obligation of spousal support.
(5) Upon terminating a duty of spousal
support, a court shall make specific findings of the basis for the termination
and shall include the findings in the judgment order.
(6) Any modification of child or spousal
support granted because of a change of circumstances may be ordered effective
retroactive to the date the motion for modification was served or to any date
thereafter.
(7) The judgment is final as to any
installment or payment of money that has accrued up to the time the nonmoving
party, other than the state, is served with a motion to set aside, alter or
modify the judgment. The court may not set aside, alter or modify any portion
of the judgment that provides for any payment of money, either for minor
children or for the support of a party, that has accrued before the motion is
served. However:
(a) The court may allow a credit against
child support arrearages for periods of time, excluding reasonable parenting
time unless otherwise provided by order or judgment, during which the obligor,
with the knowledge and consent of the obligee or pursuant to court order, has
physical custody of the child; and
(b) The court may allow, as provided in
the rules of the Child Support Program, a dollar-for-dollar credit against
child support arrearages for any lump sum Social Security or Veterans’ benefits
paid retroactively to the child, or to a representative payee administering the
funds for the child’s use and benefit, as a result of an obligor’s disability
or retirement.
(8) In a proceeding under subsection (1)
of this section, the court may assess against either party a reasonable
attorney fee and costs for the benefit of the other party. If a party is found
to have acted in bad faith, the court shall order that party to pay a
reasonable attorney fee and costs of the defending party.
(9) Whenever a motion to establish, modify
or terminate child support or satisfy or alter support arrearages is filed and
the child support rights of one of the parties or of a child of both of the
parties have been assigned to the state, a true copy of the motion shall be
served by mail or personal delivery on the Administrator of the Division of
Child Support of the Department of Justice or on the branch office providing
support services to the county in which the motion is filed.
(10)(a) Except as provided in ORS 109.701
to 109.834, the courts of Oregon, having once acquired personal and subject
matter jurisdiction in a domestic relations action, retain such jurisdiction
regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding
to establish, enforce or modify a child support order, shall recognize the
provisions of the federal Full Faith and Credit for Child Support Orders Act
(28 U.S.C. 1738B).
(11) In a proceeding under this section to
reconsider provisions in a judgment relating to custody or parenting time, the
court may consider repeated and unreasonable denial of, or interference with,
parenting time to be a substantial change of circumstances.
(12) In a proceeding under this section to
reconsider provisions in a judgment relating to parenting time, the court may
suspend or terminate a parent’s parenting time with a child if the court finds
that the parent has abused a controlled substance and that the parenting time
is not in the best interests of the child. If a court has suspended or
terminated a parent’s parenting time with a child for reasons described in this
subsection, the court may not grant the parent future parenting time until the
parent has shown that the reasons for the suspension or termination are
resolved and that reinstated parenting time is in the best interests of the
child. Nothing in this subsection limits the court’s authority under subsection
(1)(a) of this section.
(13) In a proceeding under this section to
reconsider provisions in a judgment relating to custody, temporary placement of
the child by the custodial parent pursuant to ORS 109.056 (3) with the
noncustodial parent as a result of military deployment of the custodial parent
is not, by itself, a change of circumstances. Any fact relating to the child
and the parties occurring subsequent to the last custody judgment, other than
the custodial parent’s temporary placement of the child pursuant to ORS 109.056
(3) with the noncustodial parent, may be considered by the court when making a
change of circumstances determination.
(14) Within 30 days after service of
notice under subsection (1) of this section, the party served shall file a
written response with the court.
(15)(a) It is the policy of this state:
(A) To encourage the settlement of cases
brought under this section; and
(B) For courts to enforce the terms of
settlements described in paragraph (b) of this subsection to the fullest extent
possible, except when to do so would violate the law or would clearly
contravene public policy.
(b) In a proceeding under subsection (1)
of this section, the court may enforce the terms set forth in a stipulated
order or judgment signed by the parties, an order or judgment resulting from a
settlement on the record or an order or judgment incorporating a settlement
agreement:
(A) As contract terms using contract
remedies;
(B) By imposing any remedy available to
enforce an order or judgment, including but not limited to contempt; or
(C) By any combination of the provisions
of subparagraphs (A) and (B) of this paragraph.
(c) A party may seek to enforce an
agreement and obtain remedies described in paragraph (b) of this subsection by
filing a motion, serving notice on the other party in the manner provided by
ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought,
complying with the statutory requirements for that remedy. All claims for
relief arising out of the same acts or omissions must be joined in the same
proceeding.
(d) Nothing in paragraph (b) or (c) of
this subsection limits a party’s ability, in a separate proceeding, to file a
motion to modify an order or judgment under subsection (1) of this section or
to seek enforcement of an ancillary agreement to the order or judgment. [1971
c.280 §16; 1973 c.502 §9; 1981 c.775 §2a; 1981 c.855 §1; 1983 c.728 §3; 1983
c.761 §9; 1987 c.795 §10; 1987 c.885 §3; 1989 c.545 §1; 1991 c.888 §2; 1993
c.315 §2; 1995 c.22 §2; 1997 c.91 §1; 1997 c.475 §6; 1997 c.704 §52; 1997 c.707
§9; 1999 c.80 §65; 1999 c.587 §2; 1999 c.1030 §2; 2001 c.104 §32; 2001 c.203 §4;
2001 c.334 §4; 2003 c.14 §41; 2003 c.116 §4; 2003 c.419 §1; 2003 c.572 §13a;
2003 c.576 §§112,112a,112b; 2005 c.708 §6; 2007 c.611 §11]
107.136
Reinstatement of terminated spousal support. (1) When a court has terminated the duty of spousal support under ORS
107.135, the court may reinstate the remaining duration and remaining amount of
the support award if the moving party alleges and proves that:
(a) The basis for the termination has
ceased to exist; and
(b) The reinstatement is just and
equitable under all the circumstances.
(2) For the purposes of this section:
(a) The remaining duration of a support
award is the term of the award remaining as if the award had not been
terminated and support had been paid from the date of termination to the date
of reinstatement. For example, if the applicable judgment required payment of
spousal support for 10 years, the award was terminated in year three and
reinstatement of the award was sought at the end of year seven, the maximum
remaining duration of the support award that could be reinstated would be three
years.
(b) The remaining amount of a support
award is the amount of support owed as if the award had not been terminated and
support had been paid from the date of termination to the date of
reinstatement. For example, if the applicable judgment required support
payments of $1,000 per month for five years and $500 per month for the next
five years, the award was terminated in year three and reinstatement of the
award was sought at the end of year seven, the maximum remaining amount of the support
award that could be reinstated would be $500 per month.
(3) A motion for reinstatement of a
spousal support award under this section must be brought within the remaining
duration of the award or within 10 years after the entry of the judgment terminating
the award, whichever is sooner.
(4) In exercising the discretion granted
under subsection (1) of this section, the court shall consider the basis for
the spousal support award, the basis for the termination of the award and the
totality of the circumstances of each party existing since the termination of
the award.
(5) Either party may file a motion to
modify spousal support under ORS 107.135 in a proceeding to reinstate the
spousal support award. In addition to considering the factors under ORS 107.135
(3) and (4), the court shall consider the factors described in subsection (4)
of this section.
(6) At any time, the parties may waive
their rights under this section in writing, signed by both parties and
referencing this section.
(7) Any reinstatement of a spousal support
award may be ordered effective retroactive to the date the motion was served or
to any date thereafter. [1991 c.888 §1; 2007 c.430 §1]
107.137
Factors considered in determining custody of child. (1) In determining custody of a minor child
under ORS 107.105 or 107.135, the court shall give primary consideration to the
best interests and welfare of the child. In determining the best interests and
welfare of the child, the court shall consider the following relevant factors:
(a) The emotional ties between the child
and other family members;
(b) The interest of the parties in and
attitude toward the child;
(c) The desirability of continuing an
existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary
caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each
parent to facilitate and encourage a close and continuing relationship between
the other parent and the child. However, the court may not consider such
willingness and ability if one parent shows that the other parent has sexually
assaulted or engaged in a pattern of behavior of abuse against the parent or a
child and that a continuing relationship with the other parent will endanger
the health or safety of either parent or the child.
(2) The best interests and welfare of the
child in a custody matter shall not be determined by isolating any one of the
relevant factors referred to in subsection (1) of this section, or any other
relevant factor, and relying on it to the exclusion of other factors. However,
if a parent has committed abuse, as defined in ORS 107.705, there is a
rebuttable presumption that it is not in the best interests and welfare of the
child to award sole or joint custody of the child to the parent who committed
the abuse.
(3) In determining custody of a minor
child under ORS 107.105 or 107.135, the court shall consider the conduct,
marital status, income, social environment or life style of either party only
if it is shown that any of these factors are causing or may cause emotional or
physical damage to the child.
(4) No preference in custody shall be
given to the mother over the father for the sole reason that she is the mother,
nor shall any preference be given to the father over the mother for the sole
reason that he is the father. [1975 c.722 §2; 1987 c.795 §14; 1997 c.707 §35;
1999 c.762 §2]
107.138
Temporary status quo order regarding child custody. (1)(a) A court, upon the motion of a party,
may enter a temporary status quo order to either party in a proceeding to
modify a judgment that awards custody of a child after:
(A) Notifying the other party; and
(B) Giving the other party an opportunity
to contest issuance of the order.
(b) The motion for a temporary status quo
order must be supported by an affidavit setting forth with specificity the
information required by ORS 109.767 and the person with whom the child has
lived during the preceding year and the child’s current schedule, daily routine
and usual place of residence.
(c) Notice to the party against whom the
motion for the order is sought must be served at least 21 days before the date
set for the hearing. The issue at the hearing is limited to a determination of
the status quo at the time the motion for the order was filed.
(2) A temporary status quo order restrains
and enjoins each parent from:
(a) Changing the child’s usual place of
residence;
(b) Interfering with the present placement
and daily schedule of the child;
(c) Hiding or secreting the child from the
other parent;
(d) Interfering with the other parent’s
usual contact and parenting time with the child;
(e) Leaving the state with the child
without the written permission of the other parent or the permission of the
court; or
(f) In any manner disturbing the current
schedule and daily routine of the child until the motion for modification has
been granted or denied.
(3) For purposes of this section:
(a) “Child’s usual place of residence”
means the place where the child is living at the time the motion for the
temporary order is filed and has lived continuously for a period of three
consecutive months, excluding any periods of time during which the noncustodial
parent did exercise, or would otherwise have exercised, parenting time.
(b) “Parent’s usual contact and parenting
time,” “present placement and daily schedule of the child” and “current
schedule and daily routine of the child” mean the contact, parenting time,
placement, schedule and routine at the time the motion for the temporary order
is filed. [1995 c.792 §2; 1997 c.136 §2; 1997 c.386 §1; 1997 c.707 §§10,10a;
1999 c.649 §47]
107.139
Post-judgment ex parte temporary custody or parenting time order; hearing. (1)(a) Following entry of a judgment, a
court may enter ex parte a temporary order providing for the custody of, or
parenting time with, a child if:
(A) A parent of the child is present in
court and presents an affidavit alleging that the child is in immediate danger;
(B) The parent has made a good faith
effort to confer with the other party regarding the purpose and time of this
court appearance; and
(C) The court finds by clear and
convincing evidence, based on the facts presented in the parent’s testimony and
affidavit and in the testimony of the other party, if the other party is
present, that the child is in immediate danger.
(b) The party requesting an order under
this subsection shall provide the court with telephone numbers where the party
can be reached at any time during the day and a contact address.
(c) A copy of the order and the supporting
affidavit must be served on the other party in the manner of service of a
summons under ORCP 7. The order must include the following statement:
______________________________________________________________________________
Notice: You may request a hearing on this
order as long as it remains in effect by filing with the court a request for a
hearing. In the request you must tell the court and the other party that you
object to the order on the ground that the child was not in immediate danger at
the time the order was issued. In the request you must also inform the court of
your telephone number or contact number and your current residence, mailing or
contact address.
______________________________________________________________________________
(2)(a) A party against whom an order is
entered under subsection (1) of this section may request a hearing by filing
with the court a hearing request described in subsection (1) of this section at
any time while the order is in effect.
(b) The court shall hold a hearing within
14 days after receipt of the request for the hearing. The court shall notify
each party of the time, date and place of the hearing.
(c) An order issued under subsection (1)
of this section remains in effect through the date of the hearing. If the party
against whom the order was entered fails to appear at the hearing without good
cause, the court shall continue the order in effect. If the party who obtained
the order fails to appear at the hearing without good cause, the court shall
vacate the order.
(d) The issue at a hearing to contest a
temporary order for the custody of, or parenting time with, a child is limited
to whether the child was in immediate danger at the time the order was issued.
(3) The State Court Administrator shall
prescribe the content and form of a request for a hearing described in this
section. [1997 c.386 §2; 1997 c.707 §6a; 2007 c.11 §2]
107.140 [Paragraph (f) of subsection (1) of 1959
Replacement Part enacted as 1955 c.72 §1; repealed by 1961 c.551 §2]
107.141 [1961 c.551 §1; repealed by 1971 c.280 §28]
107.142 [1971 c.280 §17; 1973 c.530 §1; 1981 c.537 §1;
repealed by 2003 c.576 §580]
107.149
Policy regarding parents and their children. It is the policy of this state to assure minor children of frequent
and continuing contact with parents who have shown the ability to act in the
best interest of the child and to encourage parents to share in the rights and
responsibilities of raising their children after the parents have separated or
dissolved their marriage. [1987 c.795 §2]
107.150 [Subsection (5) enacted as 1953 c.491 §1;
1959 c.228 §1; subsection (6) enacted as 1965 c.603 §7; subsection (7) enacted
as 1965 c.386 §4; repealed by 1971 c.280 §28]
107.154
Authority of parent when other parent granted sole custody of child. Unless otherwise ordered by the court, an
order of sole custody to one parent shall not deprive the other parent of the
following authority:
(1) To inspect and receive school records
and to consult with school staff concerning the child’s welfare and education,
to the same extent as the custodial parent may inspect and receive such records
and consult with such staff;
(2) To inspect and receive governmental
agency and law enforcement records concerning the child to the same extent as
the custodial parent may inspect and receive such records;
(3) To consult with any person who may
provide care or treatment for the child and to inspect and receive the child’s
medical, dental and psychological records, to the same extent as the custodial
parent may consult with such person and inspect and receive such records;
(4) To authorize emergency medical,
dental, psychological, psychiatric or other health care for the child if the
custodial parent is, for practical purposes, unavailable; or
(5) To apply to be the child’s
conservator, guardian ad litem or both. [1987 c.795 §3]
107.159
Notice of change of residence.
(1) In any court order or judgment granting custody of a minor child and
parenting time or visitation rights relating to the child, except for an order
under ORS 107.700 to 107.735, the court shall include in its order a provision
requiring that neither parent may move to a residence more than 60 miles
further distant from the other parent without giving the other parent
reasonable notice of the change of residence and providing a copy of such
notice to the court.
(2) Notwithstanding subsection (1) of this
section, a parent is not required to give notice of a change of residence if
the court, upon ex parte or other motion of the parent and for good cause,
enters an order suspending the requirement. [1987 c.795 §4; 1997 c.707 §11;
2003 c.576 §113]
107.160 [Amended by 1963 c.497 §4; repealed by 1971
c.280 §28]
107.164
Parents’ duty to provide information to each other. Unless otherwise ordered by the court, both
parents shall have a continuing responsibility, once a custody or protective
order concerning the child is issued, to provide addresses and contact
telephone numbers to the other parent and to immediately notify the other
parent of any emergency circumstances or substantial changes in the health of
the child. [1987 c.795 §5]
107.169
Joint custody of child; modification. (1) As used in this chapter, “joint custody” means an arrangement by
which parents share rights and responsibilities for major decisions concerning
the child, including, but not limited to, the child’s residence, education,
health care and religious training. An order providing for joint custody may
specify one home as the primary residence of the child and designate one parent
to have sole power to make decisions about specific matters while both parents
retain equal rights and responsibilities for other decisions.
(2) The existence of an order of joint
custody shall not, by itself, determine the responsibility of each parent to
provide for the support of the child.
(3) The court shall not order joint
custody, unless both parents agree to the terms and conditions of the order.
(4) When parents have agreed to joint
custody in an order or a judgment, the court may not overrule that agreement by
ordering sole custody to one parent.
(5) Modification of a joint custody order
shall require showing of changed circumstances and a showing that the
modification is in the best interests of the child such as would support
modification of a sole custody order. Inability or unwillingness to continue to
cooperate shall constitute a change of circumstances sufficient to modify a
joint custody order.
(6)(a) The inability of a parent to comply
with the terms and conditions of a joint custody order due to the parent’s
temporary absence does not constitute a change of circumstances if the parent’s
temporary absence is caused by the parent being:
(A) Called into active state duty as
defined in ORS 398.002; or
(B) Called into active federal service
under Title 10 of the United States Code as a member of the Oregon National
Guard.
(b) As used in this subsection, “temporary
absence” means a period not exceeding 30 consecutive months. [1987 c.795 §6;
2003 c.576 §114; 2005 c.79 §3]
107.170 [1955 c.648 §1; repealed by 1961 c.210 §6]
107.174
Modification of order for parenting time; stipulation; exception for
nonresident child. (1)
Except as otherwise provided in this subsection, the court shall order modification
under ORS 107.135 of so much of a judgment as relates to the parenting time
with a minor child, if the parents submit to the court a notarized stipulation
signed by both of the parents and requesting such modification together with a
form of order. The content and form of such stipulation and order shall be as
prescribed by the State Court Administrator. At its discretion, the court may
order the matter set for a hearing and require the parties to appear personally
before the court.
(2) This section shall not apply when the
child to whom a duty of support is owed is in another state which has enacted
the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody
Jurisdiction and Enforcement Act and a court in that state would have subject matter
and personal jurisdiction under that Act to determine custody and parenting
time rights. [1987 c.795 §12; 1997 c.707 §12; 1999 c.649 §48; 2003 c.576 §115]
107.179
Request for joint custody of children; mediation. (1) When either party to a child custody
issue, other than one involving temporary custody, whether the issue arises
from a case of marital annulment, dissolution or separation, or from a
determination of paternity, requests the court to grant joint custody of the
minor children of the parties under ORS 107.105, the court, if the other party
objects to the request for joint custody, shall proceed under this section. The
request under this subsection must be made, in the petition or the response, or
otherwise not less than 30 days before the date of trial in the case, except
for good cause shown. The court in such circumstances, except as provided in
subsection (3) of this section, shall direct the parties to participate in
mediation in an effort to resolve their differences concerning custody. The
court may order such participation in mediation within a mediation program
established by the court or as conducted by any mediator approved by the court.
Unless the court or the county provides a mediation service available to the
parties, the court may order that the costs of the mediation be paid by one or
both of the parties, as the court finds equitable upon consideration of the
relative ability of the parties to pay those costs. If, after 90 days, the
parties do not arrive at a resolution of their differences, the court shall
proceed to determine custody.
(2) At its discretion, the court may:
(a) Order mediation under this section
prior to trial and postpone trial of the case pending the outcome of the
mediation, in which case the issue of custody shall be tried only upon failure
to resolve the issue of custody by mediation;
(b) Order mediation under this section
prior to trial and proceed to try the case as to issues other than custody
while the parties are at the same time engaged in the mediation, in which case
the issue of custody shall be tried separately upon failure to resolve the
issue of custody by mediation; or
(c) Complete the trial of the case on all
issues and order mediation under this section upon the conclusion of the trial,
postponing entry of the judgment pending outcome of the mediation, in which
case the court may enter a limited judgment as to issues other than custody
upon completion of the trial or may postpone entry of any judgment until the
expiration of the mediation period or agreement of the parties as to custody.
(3) If either party objects to mediation
on the grounds that to participate in mediation would subject the party to
severe emotional distress and moves the court to waive mediation, the court
shall hold a hearing on the motion. If the court finds it likely that
participation in mediation will subject the party to severe emotional distress,
the court may waive the requirement of mediation.
(4) Communications made by or to a
mediator or between parties as a part of mediation ordered under this section
are privileged and are not admissible as evidence in any civil or criminal
proceeding. [1987 c.795 §13; 2003 c.576 §116]
107.180 [1959 c.534 §1; renumbered 107.430]
107.210 [Repealed by 1973 c.502 §18]
107.220 [Repealed by 1973 c.502 §18]
107.230 [Repealed by 1973 c.502 §18]
107.240 [Repealed by 1973 c.502 §18]
107.250 [Amended by 1955 c.648 §5; 1959 c.572 §2;
1969 c.221 §2; 1969 c.313 §1; repealed by 1973 c.502 §18]
107.260 [Repealed by 1973 c.502 §18]
107.270 [Amended by 1969 c.198 §55; repealed by 1973
c.502 §18]
107.280 [Amended by 1959 c.572 §3; 1969 c.591 §285;
repealed by 1973 c.502 §18]
107.290 [Amended by 1971 c.314 §2; repealed by 1973
c.502 §18]
107.300 [Amended by 1971 c.280 §23; repealed by 1973
c.502 §18]
107.310 [Amended by 1973 c.502 §10; renumbered
107.455]
107.320 [Repealed by 1973 c.502 §18]
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to
change relief sought. At any
time prior to the entry of a judgment, upon motion of a party and due notice to
the other party in the manner provided by law for service of summons, the court
may allow an amendment of pleadings to change the relief sought from annulment
to dissolution or separation, from dissolution to annulment or separation, or
from separation to annulment or dissolution. [1973 c.502 §15(2); 2003 c.576 §117]
107.405
Powers of court in dissolution, annulment or separation proceedings. When a court is sitting in proceedings for
annulment or dissolution of a marriage, or for separation, it shall have full
equity powers. [1971 c.280 §1]
107.406
Finding; policy regarding spousal support. (1) The Legislative Assembly finds that it is in the best interests of
a former spouse for whom a court has awarded spousal support, as well as the
people of this state, that the spousal support obligations be fulfilled.
(2) It is the policy of this state that a
former spouse for whom a court has awarded spousal support must be supported by
the other former spouse in accordance with the court’s judgment. [2005 c.265 §3]
Note: 107.406 was added to and made a part of ORS
chapter 107 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
107.407
Petition to set aside spousal support provisions of judgment. If an individual has paid an amount of money
in installments for more than 10 years for the support of a former spouse under
a judgment of annulment or dissolution of marriage that ordered such payment,
and when the former spouse has not made a reasonable effort during that period
of time to become financially self-supporting and independent of the support
provided under the judgment, the individual paying the support may petition the
court that issued the judgment to set aside so much of the judgment as may
provide for the support of the former spouse. The petition shall not be granted
if spousal support was granted in the judgment in lieu of a share of property
in order to provide the other spouse with a tax benefit. [1975 c.500 §2; 1983
c.728 §7; 2003 c.576 §118]
107.410 [1961 c.418 §1; repealed by 1971 c.280 §28]
107.412
Procedure applicable to ORS 107.407; matters considered; attorney fees. (1) Upon petition of an individual and after
service of notice on the other party in the manner provided by law for service
of a summons, the court shall conduct a proceeding to determine whether so much
of its judgment as provides for the support of a party shall be set aside.
(2) Except as provided in subsections (3)
and (4) of this section, if the court finds that the party receiving support
has not made a reasonable effort during the previous 10 years to become
financially self-supporting and independent of the support provided under the
judgment, the court shall order that support terminated. In making its finding
under this subsection, the court shall consider the following matters:
(a) The age of the party receiving
support;
(b) The health, work experience and
earning capacity of the party;
(c) The ages, health and dependency
conditions of the minor children of the party; and
(d) Efforts made by the party during the
previous 10 years to improve opportunities for gainful or improved employment
including, but not limited to, attendance at any school, community college or
university or attendance at courses of professional or technical training.
(3) A court does not have power under ORS
107.407 and this section to set aside any payment of money for the support of a
party that has accrued prior to the filing of the petition under subsection (1)
of this section.
(4) ORS 107.407 and this section do not
affect a judgment, or any portion of it, that provides for the payment of money
for the support of minor children or for the support of a party who is 60 years
of age or older when the proceeding under subsection (1) of this section is
held.
(5) In a proceeding held under subsection
(1) of this section, the court may assess against either party a reasonable
attorney fee for the benefit of the other party. [1975 c.500 §3; 1995 c.343 §22;
2003 c.576 §119]
107.415
Notice of change of status of child; effect of failure to give notice. (1) If a party is required by a judgment of
a court in a domestic relations suit, as defined in ORS 107.510, to contribute
to the support, nurture or education of a minor child while the other party has
custody thereof, the custodial parent shall notify the party contributing such
money when the minor child receives income from the gainful employment of the
child, or is married or enters the military service.
(2) Any custodial parent who does not
provide notice, as required by subsection (1) of this section may be required
by the court to make restitution to the contributing party of any money paid,
as required by the judgment. The court may enter a supplemental judgment or
satisfy all or part of the support award to accomplish the restitution. [1971
c.314 §1; 2003 c.576 §120]
107.420 [1961 c.340 §1; repealed by 1971 c.280 §28]
107.425
Investigation of parties in domestic relations suit involving children;
physical, psychological, psychiatric or mental health examinations; parenting
plan services; counsel for children. (1) In suits or proceedings described in subsection (4) of this
section in which there are minor children involved, the court may cause an
investigation to be made as to the character, family relations, past conduct,
earning ability and financial worth of the parties for the purpose of
protecting the children’s future interest. The court may defer the entry of a
general judgment until the court is satisfied that its judgment in such suit or
proceeding will properly protect the welfare of such children. The
investigative findings shall be offered as and subject to all rules of
evidence. Costs of the investigation may be charged against one or more of the
parties or as a cost in the proceedings but shall not be charged against funds
appropriated for public defense services.
(2) The court, on its own motion or on the
motion of a party, may order an independent physical, psychological,
psychiatric or mental health examination of a party or the children and may
require any party and the children to be interviewed, evaluated and tested by
an expert or panel of experts. The court may also authorize the expert or panel
of experts to interview other persons and to request other persons to make
available to the expert or panel of experts records deemed by the court or the
expert or panel of experts to be relevant to the evaluation. The court may order
the parties to authorize the disclosure of such records. In the event the
parties are unable to stipulate to the selection of an expert or panel of
experts to conduct the examination or evaluation, the court shall appoint a
qualified expert or panel of experts. The court shall direct one or more of the
parties to pay for the examination or evaluation in the absence of an agreement
between the parties as to the responsibility for payment but shall not direct
that the expenses be charged against funds appropriated for public defense
services. If more than one party is directed to pay, the court may determine
the amount that each party will pay based on financial ability.
(3)(a) In addition to an investigation,
examination or evaluation under subsections (1) and (2) of this section, the
court may appoint an individual or a panel or may designate a program to assist
the court in creating parenting plans or resolving disputes regarding parenting
time and to assist parents in creating and implementing parenting plans. The
services provided to the court and to parents under this section may include:
(A) Gathering information;
(B) Monitoring compliance with court
orders;
(C) Providing the parents, their
attorneys, if any, and the court with recommendations for new or modified
parenting time provisions; and
(D) Providing parents with problem
solving, conflict management and parenting time coordination services or other
services approved by the court.
(b) Services provided under this section
may require the provider to possess and utilize mediation skills, but the
services are not comprised exclusively of mediation services under ORS 107.755
to 107.795. If only mediation services are provided, the provisions of ORS
107.755 to 107.795 apply.
(c) The court may order one or more of the
parties to pay for services provided under this subsection, if the parties are
unable to agree on their respective responsibilities for payment. The court may
not order that expenses be charged against funds appropriated for public defense
services.
(d) The presiding judge of each judicial
district shall establish qualifications for the appointment and training of
individuals and panels and the designation of programs under this section. In
establishing qualifications, a presiding judge shall take into consideration
any guidelines recommended by the statewide family law advisory committee.
(4) The provisions of this section apply
when:
(a) A person files a domestic relations
suit, as defined in ORS 107.510;
(b) A motion to modify an existing
judgment in a domestic relations suit is before the court;
(c) A parent of a child born to an
unmarried woman initiates a civil proceeding to determine custody or support
under ORS 109.103;
(d) A person petitions or files a motion
for intervention under ORS 109.119;
(e) A person or the administrator files a
petition under ORS 109.125 to establish paternity and paternity is established;
or
(f) A habeas corpus proceeding is before
the court.
(5) Application of the provisions of
subsection (1), (2) or (3) of this section to the proceedings under subsection
(4) of this section does not prevent initiation, entry or enforcement of an
order of support.
(6) The court, on its own motion or on the
motion of a party, may appoint counsel for the children. However, if requested
to do so by one or more of the children, the court shall appoint counsel for
the child or children. A reasonable fee for an attorney so appointed may be
charged against one or more of the parties or as a cost in the proceedings but
shall not be charged against funds appropriated for public defense services.
(7) Prior to the entry of an order, the
court on its own motion or on the motion of a party may take testimony from or
confer with the child or children of the marriage and may exclude from the
conference the parents and other persons if the court finds that such action
would be likely to be in the best interests of the child or children. However,
the court shall permit an attorney for each party to attend the conference and
question the child, and the conference shall be reported. [1971 c.280 §3; 1973
c.502 §11; 1981 c.775 §5; 1981 s.s. c.3 §34; 1983 c.369 §1; 1983 c.386 §1; 1989
c.188 §1; 1989 c.1084 §1; 1999 c.569 §4; 2001 c.873 §§6,6a,6c; 2003 c.73 §§51,52;
2003 c.576 §§121,122; 2007 c.454 §12]
107.430 [Formerly 107.180; 1963 c.223 §1; repealed
by 1971 c.280 §28]
107.431
Modification of portion of judgment regarding parenting time or child support;
procedure. (1) At any time
after a judgment of annulment or dissolution of a marriage or a separation is
granted, the court may set aside, alter or modify so much of the judgment
relating to parenting time with a minor child as it deems just and proper or
may terminate or modify that part of the order or judgment requiring payment of
money for the support of the minor child with whom parenting time is being
denied after:
(a) Motion to set aside, alter or modify
is made by the parent having parenting time rights;
(b) Service of notice on the parent or
other person having custody of the minor child is made in the manner provided
by law for service of a summons;
(c) Service of notice on the Administrator
of the Division of Child Support of the Department of Justice when the child
support rights of one of the parties or of a child of both of the parties have
been assigned to the state. As an alternative to the service of notice on the
administrator, service may be made upon the branch office of the division which
provides service to the county in which the motion was filed. Service may be
accomplished by personal delivery or first class mail; and
(d) A showing that the parent or other
person having custody of the child or a person acting in that parent or other
person’s behalf has interfered with or denied without good cause the exercise of
the parent’s parenting time rights.
(2) When a party moves to set aside, alter
or modify the child support provisions of the judgment:
(a) The party shall state in the motion,
to the extent known:
(A) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the child,
including a proceeding brought under ORS 25.287, 107.135, 109.100, 125.025,
416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
the child, other than the judgment the party is moving to set aside, alter or
modify.
(b) The party shall include with the
motion a certificate regarding any pending support proceeding and any existing
support order other than the judgment the party is moving to set aside, alter
or modify. The party shall use a certificate that is in a form established by
court rule and include information required by court rule and paragraph (a) of
this subsection.
(3) The court may request the appearance
of the administrator in any proceeding under this section in which it finds
that the child support rights of one of the parties or of a child of both of
the parties have been assigned to the state.
(4) This section does not apply when the
child to whom a duty of support is owed is in another state that has enacted
the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody
Jurisdiction and Enforcement Act and a court in that state would have subject
matter and personal jurisdiction under that Act to determine custody and
parenting time rights. [1977 c.878 §4; 1979 c.482 §2; 1997 c.707 §13; 1999
c.649 §49; 2001 c.334 §5; 2003 c.116 §5; 2003 c.576 §123]
107.434
Expedited parenting time enforcement procedure; fees; remedies. (1) The presiding judge of each judicial
district shall establish an expedited parenting time enforcement procedure that
may or may not include a requirement for mediation. The procedure must be easy
to understand and initiate. Unless the parties otherwise agree, the court shall
conduct a hearing no later than 45 days after the filing of a motion seeking
enforcement of a parenting time order. The court shall charge a filing fee of
$50, subject to waiver or deferral of the fee under ORS 21.680 to 21.698. The
court shall provide forms for:
(a) A motion filed by either party
alleging a violation of parenting time or substantial violations of the
parenting plan. When a person files this form, the person must include a copy of
the order establishing the parenting time.
(b) An order requiring the parties to
appear and show cause why parenting time should not be enforced in a specified
manner. The party filing the motion shall serve a copy of the motion and the
order on the other party. The order must include:
(A) A notice of the remedies imposable
under subsection (2) of this section and the availability of a waiver of any
mediation requirement; and
(B) A notice in substantially the
following form:
______________________________________________________________________________
When pleaded and shown in a separate legal
action, violation of court orders, including visitation and parenting time
orders, may also result in a finding of contempt, which can lead to fines,
imprisonment or other penalties, including compulsory community service.
______________________________________________________________________________
(c) A motion, affidavit and order that may
be filed by either party and providing for waiver of any mediation requirement
on a showing of good cause.
(2) In addition to any other remedy the
court may impose to enforce the provisions of a judgment relating to the
parenting plan, the court may:
(a) Modify the provisions relating to the
parenting plan by:
(A) Specifying a detailed parenting time
schedule;
(B) Imposing additional terms and
conditions on the existing parenting time schedule; or
(C) Ordering additional parenting time, in
the best interests of the child, to compensate for wrongful deprivation of
parenting time;
(b) Order the party who is violating the
parenting plan provisions to post bond or security;
(c) Order either or both parties to attend
counseling or educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses,
including, but not limited to, attorney fees, filing fees and court costs,
incurred in enforcing the party’s parenting plan;
(e) Terminate, suspend or modify spousal
support;
(f) Terminate, suspend or modify child
support as provided in ORS 107.431; or
(g) Schedule a hearing for modification of
custody as provided in ORS 107.135 (11). [1997 c.707 §3; 2003 c.116 §6; 2003
c.737 §§50,51; 2005 c.702 §§57,58,59; 2007 c.493 §14]
Note: Section 15 (17), chapter 860, Oregon Laws
2007, provides:
Sec.
15. (17) In addition to the
fee provided for in ORS 107.434 (1), for the period commencing September 1,
2007, and ending June 30, 2009, the clerk of the court shall collect a
surcharge of $3 upon the filing of a motion seeking enforcement of a parenting
time order or a substantial violation of a parenting plan. [2007 c.860 §15(17)]
107.435 [1971 c.280 §19; repealed by 1973 c.502 §18]
107.437
Order of assistance to obtain custody of child held in violation of custody
order. (1) A person entitled
to physical custody of a child may make an ex parte application for an order of
assistance to a court of any county:
(a) In which a child is located if the
person is entitled to the physical custody of the child under a valid and current
order issued in this state; or
(b) In which a valid and current foreign
custody order has been filed with a petition as provided in subsection (3) of
this section.
(2) The application must include a
certified copy of the custody order. The order of assistance may direct a law
enforcement agency having jurisdiction where the child is located to use any
reasonable means and force to deliver the child as directed by the court,
including directing forcible entry into specified premises. The court may issue
an order of assistance upon the sworn affidavit of the applicant and a finding
of the court that:
(a) The applicant is entitled to physical
custody of the child under a valid and current custody order; and
(b) The child is being held by another person
in substantial violation of the custody order.
(3) When the application for an order of
assistance is made to a court in which the custody order has been entered or
registered, the applicant shall make the application in the form of a motion.
In all other cases, the applicant shall make the application in the form of a
petition. The court may not charge a filing fee for a motion or petition filed
under this section.
(4) The law enforcement agency to which an
order of assistance is directed shall make a return to the court specifying
whether the order was executed, and if so, a statement reflecting the date on
which the order was executed and any other information required by the court in
the order of assistance.
(5) A court may not issue an order of assistance
for the purpose of enforcing parenting time or visitation rights.
(6) Except for intentional torts committed
outside the scope of the peace officer’s duties, a peace officer is not civilly
or criminally liable for any action taken in recovering the custody of a child
pursuant to an order issued under this section. [1997 c.529 §1; 1999 c.59 §20;
1999 c.1081 §6; 2007 c.255 §5]
107.440 [1963 c.434 §14; 1965 c.386 §1; repealed by
1971 c.280 §28]
107.445
Attorney fees in certain domestic relations proceedings. In any proceeding brought under ORS 107.095,
108.110 and 108.120, and in any contempt proceeding in any suit for marital
annulment, dissolution or separation, the court may render a judgment awarding
to a party, or directly to the party’s attorney, a sum of money determined to
be reasonable as an attorney fee at trial and on appeal therein. When a
district attorney initiates or prosecutes a proceeding pursuant to ORS 33.015
to 33.155 for enforcement of a restraining order issued under ORS 107.716,
107.718, 124.015 or 124.020 or for enforcement of a support order, the court
may enter a judgment for a reasonable attorney fee to be paid by the respondent
to the county in which the district attorney holds office. A judgment so
entered is enforceable by the party or attorney in whose favor the judgment is
given against property of the other party or against any property held jointly
or in common between the parties. [1971 c.280 §18; 1981 c.775 §6; 1981 c.781 §2;
1981 c.897 §32; 1983 c.728 §4; 1987 c.331 §2; 1991 c.724 §21; 1995 c.666 §16;
1997 c.18 §1; 2003 c.576 §124]
107.449
Transfer of proceeding under ORS 107.135 to auxiliary circuit court. (1) Upon motion of a party to a proceeding
under ORS 107.135 (1) that is not otherwise covered under the provisions of ORS
25.100 (1), based upon convenience of the parties, the court that has entered
the original judgment may order that the matter be transferred to an auxiliary
circuit court where either party resides for the purpose of hearing the matter.
(2) Upon entry of an order under this
section and payment by the moving party of the copying and certification costs,
the clerk of the court that ordered the transfer shall transmit certified
copies of the files, records and prepared transcripts of testimony in the
original proceeding to the clerk of the court receiving the matter. Upon
receipt of such certified copies, the circuit court of the county to which such
certified copies have been transmitted shall have jurisdiction the same as if
it were the court that made and entered the original order or judgment.
(3) The only court having jurisdiction to
modify any provision of the original order or judgment is the court having
original jurisdiction of the cause in which such order or judgment was entered
or the circuit court of the county in which either party resides if that court
has received the certified copies referred to in subsection (2) of this
section. The provisions of ORS 25.100 (2) to (4) shall apply to all records
maintained and orders issued in the auxiliary proceeding. [1993 c.548 §1; 2003
c.576 §125]
107.450 [1963 c.434 §13; 1965 c.386 §2; repealed by
1971 c.280 §28]
107.452
Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of
marital annulment, dissolution or separation shall reopen the case upon the
motion of either party if the moving party alleges that significant assets
belonging to either or both of the parties:
(a) Existed at the time of the entry of
the judgment; and
(b) Were not discovered until after the
entry of the judgment.
(2) If the court finds that the assets
were inadvertently omitted from the distribution of the marital estate, the
court shall make such distribution of the omitted assets as is just and proper
in all the circumstances.
(3) If the court finds that the assets
were intentionally concealed and thereby not included in the distribution of
the marital estate, the court may order:
(a) The division of the appreciated value
of the omitted assets;
(b) The forfeiture of the omitted assets
to the injured party;
(c) A compensatory judgment in favor of
the injured party;
(d) A judgment in favor of the injured
party as punitive damages; or
(e) Any other distribution as may be just
and proper in all the circumstances.
(4) The court may award attorney fees on
any motion filed pursuant to this section. The court shall award attorney fees
to the moving party if the court finds that assets were intentionally concealed
and thereby not included in the distribution of the marital estate.
(5)(a) A motion alleging inadvertent
omission of assets must be filed within two years after the date of discovery
of the omission but no later than three years after the entry of the judgment.
(b) A motion alleging intentional
concealment of assets must be filed within two years after the date of
discovery of the omission but no later than 10 years after the entry of the
judgment.
(6) A motion under this section may be
filed with and decided by the trial court during the time an appeal from a judgment
is pending before an appellate court. The moving party shall serve a copy of
the motion on the appellate court. The moving party shall file a copy of the
trial court’s order in the appellate court within seven days after the date of
the trial court order. Any necessary modification of the appeal required by the
trial court order shall be pursuant to rule of the appellate court. [1995 c.800
§6]
SEPARATION
107.455
Effect of separation statutes or judgments on subsequent dissolution
proceedings. The provisions
of law pertaining to separation are not intended to and shall not repeal or
affect any existing law pertaining to the granting of a judgment of dissolution
of marriage. The entry of a judgment of separation under ORS 107.475 shall not
be a bar to a suit for dissolution by either party. A decree or judgment of
dissolution of marriage granted by a court of this or any other state upon
constructive service of summons does not affect an award of support or
maintenance in a judgment of separation made pursuant to ORS 107.095 or
107.105. [Formerly 107.310; 2003 c.576 §126]
107.465
Conversion of judgment of separation into judgment of dissolution. (1) Upon motion of a party for an order to
show cause why a judgment of separation should not be converted to a judgment
of dissolution and after service of notice to the other party at least 30 days
before the scheduled hearing, the court may, within two years after the entry
of a judgment of separation, convert a judgment of separation into a judgment
of dissolution of the marriage. The other party may file a written consent to
conversion and waiver of the hearing at any time before the hearing. A
supplemental judgment of dissolution entered under this section does not set
aside, alter or modify any part of the judgment of separation that has created
or granted rights that have vested.
(2) Nothing in this section is intended to
prevent either party to a judgment of separation from commencing at any time in
the manner required by law a suit for dissolution of the marriage. [1973 c.502 §16;
1999 c.569 §5; 2003 c.576 §127]
107.475
Court to determine duration of separation; modification or vacation of
judgment. The court shall
determine and fix in its judgment the duration of the separation. At the
expiration of such time, the judgment shall have no further effect. However, no
rights created or granted in the judgment which have vested shall be affected
by its termination. Upon motion of a party and service upon the other party of
notice in the manner provided by law for service of summons, the court may
renew or extend the duration. When the judgment is for unlimited separation, a
party may by motion alleging that the cause for separation no longer exists and
after due service of notice upon the other party in the manner provided by law
for service of summons, apply for an order modifying or vacating the judgment,
subject to the provisions of ORS 107.135. [1973 c.502 §14; 2003 c.576 §128]
SUMMARY
DISSOLUTION PROCEDURE
107.485
Conditions for summary dissolution procedure. A marriage may be dissolved by the summary dissolution procedure
specified in this section and ORS 107.490 when all of the following conditions
exist at the time the proceeding is commenced:
(1) The jurisdictional requirements of ORS
107.025 and 107.075 are met.
(2)(a) There are no minor children born to
the parties or adopted by the parties during the marriage;
(b) There are no children over age 18
attending school, as described in ORS 107.108, either born to the parties or
adopted by the parties during the marriage;
(c) There are no minor children born to or
adopted by the parties prior to the marriage; and
(d) The wife is not now pregnant.
(3) The marriage is not more than 10 years
in duration.
(4) Neither party has any interest in real
property wherever situated.
(5) There are no unpaid obligations in
excess of $15,000 incurred by either or both of the parties from the date of
the marriage.
(6) The total aggregate fair market value
of personal property assets in which either of the parties has any interest,
excluding all encumbrances, is less than $30,000.
(7) The petitioner waives any right to
spousal support.
(8) The petitioner waives any rights to
pendente lite orders except those pursuant to ORS 107.700 to 107.735 or 124.005
to 124.040.
(9) The petitioner knows of no other
pending domestic relations suits involving the marriage in this or any other
state. [1983 c.692 §1; 1985 c.610 §12; 1995 c.666 §17; 1997 c.704 §53; 2007
c.11 §3; 2007 c.22 §4]
107.490
Commencement of proceeding; petition content; court authority. (1) A proceeding for summary dissolution of
the marriage shall be commenced by filing in the circuit court a petition in
the form prescribed by the State Court Administrator under ORS 107.500. The
petition shall be signed by the petitioner and shall state that as of the date
of the filing of the petition each and every condition set forth in ORS 107.485
has been met. The court, upon its own motion, may require a showing by
appearance or affidavit of the petitioner.
(2) The petitioner shall serve the
respondent with a summons and a true copy of the petition in the manner
provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F.
(3) Within 30 days after the date on which
the respondent is served with the summons or, if service is made by publication
or posting under ORCP 7 D(6), within 30 days from the date of last publication
or posting, the respondent shall file with the court a written answer to the
petition or a motion, along with the required filing fee, and proof of service
of the answer or motion on the petitioner.
(4) If the respondent fails to file a
written answer or motion as required by this section or fails to appear for a
hearing in the proceeding, the court may find the respondent in default, enter
a judgment of summary dissolution and award costs to the petitioner or the
state if fees and costs were waived or deferred. [1983 c.692 §2; 2007 c.11 §4]
107.500
Forms. (1) The State Court
Administrator shall prescribe the content of forms for use under ORS 107.485
and 107.490, including forms related to the waiver or deferral of fees and
court costs under ORS 21.680 to 21.698, and an instructional brochure
describing the procedures set forth in ORS 107.485 and 107.490.
(2) Each circuit court shall make
available the appropriate forms and the instructional brochure described in
subsection (1) of this section. [1983 c.692 §3; 1985 c.610 §13; 1993 c.448 §5;
1995 c.637 §11; 1995 c.666 §18; 1999 c.738 §6; 2003 c.264 §6; 2003 c.380 §4;
2003 c.576 §129; 2007 c.11 §5; 2007 c.493 §18c]
CONCILIATION
SERVICES
107.510
Definitions for ORS 107.510 to 107.610. As used in ORS 107.510 to 107.610:
(1) “Conciliation jurisdiction” means
domestic relations conciliation jurisdiction and authority exercised under ORS
107.510 to 107.610 by a circuit court in any controversy existing between
spouses which may, unless a reconciliation or a settlement of the controversy
is effected, result in the dissolution or annulment of the marriage or in
disruption of the household.
(2) “Conciliation services” means domestic
relations counseling and related services obtained by a circuit court
exercising conciliation jurisdiction and used by the court in exercising that
jurisdiction.
(3) “Domestic relations suit” means suit
for dissolution of the marriage contract, annulment of the marriage or
separation.
(4) “Separation” means separation from bed
and board and separate maintenance. [1963 c.434 §1; 1971 c.280 §24; 1973 c.502 §13;
1999 c.59 §21; 2001 c.104 §33]
107.520
Establishment of conciliation jurisdiction. The circuit court for any county or the circuit courts of more than
one county comprising a judicial district after making a determination that the
social conditions of the county or district make it desirable to establish
conciliation services for the full and proper consideration of domestic
relations suits filed in such county or district may exercise conciliation
jurisdiction and obtain, use and provide conciliation services under ORS
107.510 to 107.610. After conciliation jurisdiction has been established the
circuit court or courts of such county or district may at any time determine
that the need for such service does not warrant its continuance and terminate
the same. [1963 c.434 §2; 1965 c.625 §1; 1971 c.280 §25; 1999 c.59 §22]
107.530
Source of conciliation services; county to pay expenses. (1) A circuit court or the circuit courts of
a judicial district exercising conciliation jurisdiction may obtain
conciliation services, with the prior approval of the governing body of each
county involved, by:
(a) Employing or contracting for
counselors and other personnel; or
(b) Contracting or entering into
agreements with public or private agencies to provide conciliation services to
the court or courts.
(2) Subject to the provisions of the Local
Budget Law, the compensation and expenses of personnel performing conciliation
services for the circuit court or courts and other expenses of providing
conciliation services may be paid by the county or as may be agreed upon between
the counties involved. Personnel performing conciliation services are not state
employees, and their compensation and expenses shall not be paid by the state. [1963
c.434 §3; 1965 c.625 §2; 1981 s.s. c.3 §35]
107.540
Conciliation jurisdiction by court; effect. Whenever any domestic relations suit is commenced in a circuit court
exercising conciliation jurisdiction and providing conciliation services, the
court may, in its discretion, exercise conciliation jurisdiction over the
controversy and over the parties thereto and all persons having any relation to
the controversy. If, within 45 days after the court commences to exercise
conciliation jurisdiction, a reconciliation or a settlement of the controversy
has not been effected, the domestic relations suit shall proceed as if the
court had not exercised conciliation jurisdiction. [1963 c.434 §4; 1971 c.280 §26]
107.550
Petition for conciliation jurisdiction; content; rules. (1) Whenever either spouse or both spouses
file in a circuit court exercising conciliation jurisdiction and providing
conciliation services a petition requesting the court to exercise conciliation
jurisdiction with respect to a controversy existing between the spouses, the
court shall exercise conciliation jurisdiction over the controversy and over
the parties thereto and all persons having any relation to the controversy.
(2) The petition shall:
(a) Allege that a controversy exists
between the spouses and request the aid of the court to effect a reconciliation
or a settlement of the controversy;
(b) State the name, address and age of
each spouse and the date and place of marriage;
(c) State the name, address and age of
each minor child of the spouses or either spouse;
(d) State, if known, whether a domestic
relations suit involving the same marriage is pending in any other court in
this or any other state; and
(e) State such other information as the
court, by rule, may require.
(3) No fee shall be charged for filing the
petition. [1963 c.434 §5; 1965 c.625 §3]
107.560
Effect of petition; waiver.
(1) A petition may be filed under ORS 107.550 whether or not a domestic
relations suit in which the spouses are parties has been commenced. Except as
provided in subsection (2) of this section, when a petition for conciliation
jurisdiction is filed no trial or hearing on the merits of a domestic relations
suit between the parties shall be had until after the expiration of 45 days
from the filing of the petition; provided, however, that during this period the
court may use its full equity powers to protect and preserve the rights of the
spouses.
(2) Subject to the provisions of ORS
107.065, the court may, in its discretion, waive the 45-day period as
prescribed by subsection (1) of this section upon stipulation of the parties or
upon written motion supported by affidavit setting forth facts which satisfy
the court that such waiver is warranted. [1963 c.434 §6; 1965 c.625 §4; 1975
c.228 §1]
107.570
Notice; attendance at hearings.
When a circuit court undertakes to exercise conciliation jurisdiction pursuant
to ORS 107.540 or 107.550, it shall refer the matter to the conciliation
services provided by the court. The court shall cause notice to be given to the
spouses of the undertaking to exercise conciliation jurisdiction and the
authority therefor, whether under ORS 107.540 or 107.550, and of the time and
place of any hearing, conference or other proceeding scheduled pursuant to the
exercise of conciliation jurisdiction. The court may require the attendance of
the spouses and of witnesses as in other civil cases. [1963 c.434 §7]
107.580
Restriction of services; priority when children involved; rules. Whenever a circuit court determines that the
conciliation services provided by it are not adequate for the proper
disposition of all matters that may be referred to the services under ORS
107.570, the court, by rule, may restrict the services provided, but shall give
priority to controversies in which the spouses have children under 15 years of
age whose welfare is involved in the outcome of the controversy. [1963 c.434 §8]
107.590
Court orders; reconciliation agreements. (1) A circuit court undertaking to exercise conciliation jurisdiction
pursuant to ORS 107.540 or 107.550, with the consent of the spouses, may make
orders with respect to the conduct of the spouses and with respect to the
subject of the controversy as it considers necessary to preserve the marriage
or to implement the reconciliation of the spouses; but an order shall not be
effective for more than 60 days unless the spouses consent to a continuance of
the order.
(2) Any reconciliation agreement between
the spouses may be reduced to writing, and, with the consent of the spouses,
the court may make an order requiring the spouses to comply fully with the
agreement.
(3) The court may at any time terminate or
modify any order previously made. [1963 c.434 §9; 1965 c.625 §5]
107.600
Privacy of proceedings; confidentiality of communications; records. (1) All hearings, conferences and other
proceedings held pursuant to circuit court exercise of conciliation
jurisdiction pursuant to ORS 107.540 or 107.550 shall be held in private, and
all persons other than officers of the court, conciliation services personnel,
the spouses, their counsel and witnesses shall be excluded.
(2) All communications, verbal or written,
between spouses and from spouses to counselors, the court, attorneys, doctors
or others engaged in the conciliation proceedings, made in conciliation
conferences, hearings and other proceedings had pursuant to the exercise of the
court’s conciliation jurisdiction shall be confidential. A spouse or any other
individual engaged in conciliation proceedings shall not be examined in any
civil or criminal action as to such communications. Exceptions to testimonial
privilege otherwise applicable under ORS 40.225 to 40.295 do not apply to
communications made confidential under this subsection.
(3) All records of the court with respect
to exercise of conciliation jurisdiction shall be closed. However, any petition
filed under ORS 107.550, any written reconciliation agreement between the
spouses and any court order made in the matter may be opened to inspection by
either spouse or counsel upon written authorization by a judge of the court. [1963
c.434 §10; 1965 c.625 §6; 1981 c.892 §88]
107.610
Qualifications of conciliation counselors. Persons performing conciliation services under ORS 107.510 to 107.610
shall have minimum educational and experience qualifications of a master’s
degree in the behavioral sciences; or a bachelor’s degree and one year’s
graduate training, both in the behavioral sciences plus two years’ paid
casework or clinical experience; or a bachelor’s degree in the behavioral
sciences plus four years’ paid casework or clinical experience. [1963 c.434 §12;
1971 c.280 §27; 1999 c.59 §23]
107.615
Fees to support services; contracts for service; eligibility rules. (1) The governing body of any county may
impose a fee up to $10 above that prescribed in ORS 205.320 (5) for a marriage
license.
(2) In addition to any other funds used
therefor, the governing body shall use the proceeds from the fee increase
authorized by this section to pay the expenses of conciliation services under
ORS 107.510 to 107.610 and mediation services under ORS 107.755 to 107.795. If
there are none in the county, the governing body may provide such services
through other county agencies or may contract with a public or private agency
or person to provide such services.
(3) The governing body may establish rules
of eligibility for conciliation services funded under this section so long as
its rules do not conflict with rules of the court adopted under ORS 107.580.
(4) Fees collected under this section
shall be collected and deposited in the same manner as other county funds are
collected and deposited but shall be maintained in a separate account to be
used as provided in this section. [1977 c.489 §1; 1983 c.671 §7; 1991 c.230 §33]
Note: The amendments to 107.615 by section 12,
chapter 99, Oregon Laws 2007, are the subject of a referendum petition that may
be filed with the Secretary of State not later than September 26, 2007. If the
referendum petition is filed with the required number of signatures of
electors, chapter 99, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 99, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 107.615 by section 12, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 107.615, as amended by section
12, chapter 99, Oregon Laws 2007, is set forth for the user’s convenience.
107.615. (1) The governing body of any county may
impose a fee up to $10 above that prescribed in ORS 205.320 (5) for issuing a
marriage license or registering a Declaration of Domestic Partnership.
(2) In addition to any other funds used
therefor, the governing body shall use the proceeds from the fee increase
authorized by this section to pay the expenses of conciliation services under
ORS 107.510 to 107.610 and mediation services under ORS 107.755 to 107.795. If
there are none in the county, the governing body may provide conciliation and
mediation services through other county agencies or may contract with a public
or private agency or person to provide conciliation and mediation services.
(3) The governing body may establish rules
of eligibility for conciliation services funded under this section so long as
its rules do not conflict with rules of the court adopted under ORS 107.580.
(4) Fees collected under this section
shall be collected and deposited in the same manner as other county funds are
collected and deposited but shall be maintained in a separate account to be
used as provided in this section.
FAMILY ABUSE
PREVENTION ACT
107.700
Short title. ORS 107.700 to
107.735 shall be known and may be cited as the “Family Abuse Prevention Act.” [1977
c.845 §4; 1995 c.637 §1]
107.705
Definitions for ORS 107.700 to 107.735. As used in ORS 107.700 to 107.735:
(1) “Abuse” means the occurrence of one or
more of the following acts between family or household members:
(a) Attempting to cause or intentionally,
knowingly or recklessly causing bodily injury.
(b) Intentionally, knowingly or recklessly
placing another in fear of imminent bodily injury.
(c) Causing another to engage in
involuntary sexual relations by force or threat of force.
(2) “Child” means an unmarried person who
is under 18 years of age.
(3) “Family or household members” means
any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood,
marriage or adoption.
(d) Persons who are cohabiting or who have
cohabited with each other.
(e) Persons who have been involved in a
sexually intimate relationship with each other within two years immediately
preceding the filing by one of them of a petition under ORS 107.710.
(f) Unmarried parents of a child.
(4) “Interfere” means to interpose in a
manner that would reasonably be expected to hinder or impede a person in the
petitioner’s situation.
(5) “Intimidate” means to act in a manner
that would reasonably be expected to threaten a person in the petitioner’s situation,
thereby compelling or deterring conduct on the part of the person.
(6) “Menace” means to act in a manner that
would reasonably be expected to threaten a person in the petitioner’s
situation.
(7) “Molest” means to act, with hostile
intent or injurious effect, in a manner that would reasonably be expected to
annoy, disturb or persecute a person in the petitioner’s position. [1977 c.845 §5;
1979 c.161 §1; 1981 c.780 §1; 1985 c.629 §1; 1987 c.331 §3; 1987 c.805 §1; 1993
c.643 §1; 1995 c.637 §2; 1997 c.863 §8; 1999 c.617 §6; 1999 c.1052 §12]
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and
Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS
107.700 to 107.735. [2005 c.536 §5]
Note: 107.707 was added to and made a part of
107.700 to 107.735 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
107.710
Petition to circuit court for relief; burden of proof. (1) Any person who has been the victim of
abuse within the preceding 180 days may petition the circuit court for relief
under ORS 107.700 to 107.735, if the person is in imminent danger of further
abuse from the abuser. The person may seek relief by filing a petition with the
circuit court alleging that the person is in imminent danger of abuse from the
respondent, that the person has been the victim of abuse committed by the
respondent within the 180 days preceding the filing of the petition and
particularly describing the nature of the abuse and the dates thereof. The
abuse must have occurred not more than 180 days before the filing of the
petition. Allegations in the petition shall be made under oath or affirmation.
The circuit court shall have jurisdiction over all proceedings under ORS
107.700 to 107.735.
(2) The petitioner has the burden of
proving a claim under ORS 107.700 to 107.735 by a preponderance of the
evidence.
(3) A person’s right to relief under ORS
107.700 to 107.735 shall not be affected by the fact that the person left the
residence or household to avoid abuse.
(4) A petition filed under ORS 107.700 to
107.735 shall disclose the existence of any custody, Family Abuse Prevention
Act or Elderly Persons and Persons With Disabilities Abuse Prevention Act
proceedings, or any marital annulment, dissolution or separation proceedings,
or any filiation proceeding, pending between the parties, and the existence of
any other custody order affecting the children of the parties.
(5) When the petitioner requests custody
of any child, the petition shall comply with ORS 109.767 and disclose:
(a) The child’s present residence and the
length of time the child has resided at the residence;
(b) The county and state where the child
resided for the five years immediately prior to the filing of the petition;
(c) The name and address of the party or
other responsible person with whom the child is presently residing;
(d) The name and current address of any
party or other responsible person with whom the child resided for the five
years immediately prior to the filing of the petition;
(e) Whether the party participated as a
party, witness or in any other capacity, in any other litigation concerning the
custody of the child in this or any other state;
(f) Whether the party has information of
any custody proceeding concerning the child pending in a court of this or any
other state; and
(g) Whether the party knows of any person
not a party to the proceedings who has physical custody of the child or claims
to have custody, parenting time or visitation rights with respect to the child.
(6) For purposes of computing the 180-day
period in this section and ORS 107.718, any time during which the respondent is
incarcerated or has a principal residence more than 100 miles from the
principal residence of the petitioner shall not be counted as part of the
180-day period. [1977 c.845 §6; 1981 c.780 §2; 1985 c.629 §2; 1987 c.805 §2;
1993 c.375 §1; 1995 c.637 §3; 1995 c.666 §19; 1997 c.707 §14; 1999 c.617 §4;
1999 c.649 §50; 1999 c.738 §7; 1999 c.1052 §13; 2003 c.264 §7]
107.715 [1977 c.845 §7; repealed by 1981 c.780 §5
(107.716 enacted in lieu of 107.715)]
107.716
Hearing; order; certificate of compliance; effect on title to real property; no
undertaking required. (1) If
the respondent requests a hearing pursuant to ORS 107.718 (10), the court shall
hold the hearing within 21 days after the request. However, if the respondent
contests the order granting temporary child custody to the petitioner, the
court shall hold the hearing within five days after the request.
(2)(a) If the court determines under ORS
107.718 (2) that exceptional circumstances exist that affect the custody of a
child, the court shall hold a hearing within 14 days after issuance of the
restraining order. The clerk of the court shall provide a notice of the hearing
along with the petition and order to the petitioner and, in accordance with ORS
107.718 (8), to the county sheriff for service on the respondent.
(b) The respondent may request an earlier
hearing, to be held within five days after the request. The hearing request
form shall be available from the clerk of the court in the form prescribed by
the State Court Administrator under ORS 107.718 (7). If the respondent requests
an earlier hearing, the clerk of the court shall notify the parties of the
scheduled hearing date by mailing a notice of the time and place of hearing to
the addresses provided in the petition or, for the respondent, to the address
provided in the request for hearing, or as otherwise designated by a party.
(c) When the court schedules a hearing
under this subsection, the respondent may not request a hearing under ORS
107.718 (10).
(3) In a hearing held pursuant to
subsection (1) or (2) of this section, the court may cancel or change any order
issued under ORS 107.718 and may assess against either party a reasonable
attorney fee and such costs as may be incurred in the proceeding.
(4)(a) If service of a notice of hearing
is inadequate to provide a party with sufficient notice of the hearing held
pursuant to ORS 107.718 (2) or (10), the court may extend the date of the
hearing for up to five days so that the party may seek representation.
(b) If one party is represented by an
attorney at a hearing held pursuant to ORS 107.718 (2) or (10), the court may
extend the date of the hearing for up to five days at the other party’s request
so that the other party may seek representation.
(5) If the court continues the order, with
or without changes, at a hearing about which the respondent received actual
notice and the opportunity to participate, the court shall include in the order
a certificate in substantially the following form in a separate section
immediately above the signature of the judge:
______________________________________________________________________________
CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACT
This protective
order meets all full faith and credit requirements of the Violence Against
Women Act, 18 U.S.C. 2265 (1994). This court has jurisdiction over the parties
and the subject matter. The respondent was afforded notice and timely
opportunity to be heard as provided by the law of this jurisdiction. This order
is valid and entitled to enforcement in this and all other jurisdictions.
______________________________________________________________________________
(6) The court may approve any consent
agreement to bring about a cessation of abuse of the parties. However, the
court may not approve a term in a consent agreement that provides for restraint
of a party to the agreement unless the other party petitioned for and was
granted an order under ORS 107.710. An order or consent agreement made under
this section may be amended at any time and shall continue in effect for a period
of one year from the date of the order issued under ORS 107.718, or until
superseded as provided in ORS 107.722.
(7) No order or agreement made under ORS
107.705 to 107.720, 133.310 and 133.381 shall in any manner affect title to any
real property.
(8) No undertaking shall be required in
any proceeding under ORS 107.700 to 107.735.
(9) Any proceeding under ORS 107.700 to
107.735 shall be in addition to any other available civil or criminal remedies.
[1981 c.780 §6 (enacted in lieu of 107.715); 1985 c.629 §3; 1987 c.805 §3; 1995
c.637 §4; 1995 c.794 §2; 1997 c.707 §15; 1999 c.617 §5; 1999 c.1052 §14; 2005
c.536 §1; 2007 c.11 §6]
107.718
Restraining order; service of order; request for hearing. (1) When a person files a petition under ORS
107.710, the circuit court shall hold an ex parte hearing in person or by
telephone on the day the petition is filed or on the following judicial day.
Upon a showing that the petitioner has been the victim of abuse committed by
the respondent within 180 days preceding the filing of the petition, that there
is an imminent danger of further abuse to the petitioner and that the
respondent represents a credible threat to the physical safety of the
petitioner or the petitioner’s child, the court shall, if requested by the petitioner,
order:
(a) Except as provided in subsection (2)
of this section, that temporary custody of the children of the parties be
awarded to the petitioner or, at the request of the petitioner, to the
respondent, subject to reasonable parenting time rights of the noncustodial
parent, which the court shall order, unless such parenting time is not in the
best interest of the child;
(b) That the respondent be required to
move from the petitioner’s residence, if in the sole name of the petitioner or
if it is jointly owned or rented by the petitioner and the respondent, or if
the parties are married to each other;
(c) That the respondent be restrained from
entering, or attempting to enter, a reasonable area surrounding the petitioner’s
current or subsequent residence if the respondent is required to move from
petitioner’s residence;
(d) That a peace officer accompany the
party who is leaving or has left the parties’ residence to remove essential
personal effects of the party or the party’s children, or both, including but
not limited to clothing, toiletries, diapers, medications, Social Security
cards, birth certificates, identification and tools of the trade;
(e) That the respondent be restrained from
intimidating, molesting, interfering with or menacing the petitioner, or
attempting to intimidate, molest, interfere with or menace the petitioner;
(f) That the respondent be restrained from
intimidating, molesting, interfering with or menacing any children in the
custody of the petitioner, or attempting to intimidate, molest, interfere with
or menace any children in the custody of the petitioner;
(g) That the respondent be restrained from
entering, or attempting to enter, on any premises and a reasonable area
surrounding the premises when it appears to the court that such restraint is
necessary to prevent the respondent from intimidating, molesting, interfering
with or menacing the petitioner or children whose custody is awarded to the
petitioner;
(h) Other relief that the court considers
necessary to provide for the safety and welfare of the petitioner and the
children in the custody of the petitioner including, but not limited to,
emergency monetary assistance from the respondent; or
(i) That the respondent have no contact
with the petitioner in person, by telephone or by mail except as described in
parenting time ordered under this section.
(2) If the court determines that
exceptional circumstances exist that affect the custody of a child, the court
shall order the parties to appear and provide additional evidence at a hearing
to determine temporary custody and resolve other contested issues. Pending the
hearing, the court may make any orders regarding the child’s residence and the
parties’ contact with the child that the court finds appropriate to provide for
the child’s welfare and the safety of the parties. The court shall set a
hearing time and date as provided in ORS 107.716 (2) and issue a notice of the
hearing at the same time the court issues the restraining order.
(3) The court’s order under subsection (1)
of this section is effective for a period of one year or until the order is
withdrawn or amended, or until the order is superseded as provided in ORS
107.722, whichever is sooner.
(4) If respondent is restrained from
entering, or attempting to enter, an area surrounding petitioner’s residence or
any other premises, the order restraining respondent shall specifically
describe the area.
(5) Imminent danger under this section
includes but is not limited to situations in which the respondent has recently
threatened petitioner with additional bodily harm.
(6) If the court awards parenting time to
a parent who committed abuse, the court shall make adequate provision for the
safety of the child and of the petitioner. The order of the court may include,
but is not limited to, the following:
(a) That exchange of a child between
parents shall occur at a protected location.
(b) That parenting time be supervised by
another person or agency.
(c) That the perpetrator of the abuse be
required to attend and complete, to the satisfaction of the court, a program of
intervention for perpetrators or any other counseling program designated by the
court as a condition of the parenting time.
(d) That the perpetrator of the abuse not
possess or consume alcohol or controlled substances during the parenting time
and for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay
all or a portion of the cost of supervised parenting time, and any program
designated by the court as a condition of parenting time.
(f) That no overnight parenting time
occur.
(7) The State Court Administrator shall
prescribe the content and form of the petition, order and related forms for use
under ORS 107.700 to 107.735. The clerk of the court shall make available the
forms and an instructional brochure explaining the rights set forth under ORS
107.700 to 107.735.
(8) If the court orders relief:
(a) The clerk of the court shall provide
without charge the number of certified true copies of the petition and order
necessary to provide the petitioner with one copy and to effect service and
shall have a true copy of the petition and order delivered to the county
sheriff for service upon the respondent, unless the court finds that further
service is unnecessary because the respondent appeared in person before the
court. In addition and upon request by the petitioner, the clerk shall provide
the petitioner, without charge, two exemplified copies of the petition and
order.
(b) The county sheriff shall serve the
respondent personally unless the petitioner elects to have the respondent
served personally by a private party or by a peace officer who is called to the
scene of a domestic disturbance at which the respondent is present, and who is
able to obtain a copy of the order within a reasonable amount of time. Proof of
service shall be made in accordance with ORS 107.720. When the order does not
contain the respondent’s date of birth and service is effected by the sheriff
or other peace officer, the sheriff or officer shall verify the respondent’s
date of birth with the respondent and shall record that date on the order or
proof of service entered into the Law Enforcement Data System under ORS
107.720.
(c) No filing fee, service fee or hearing
fee shall be charged for proceedings seeking only the relief provided under ORS
107.700 to 107.735.
(9) If the county sheriff:
(a) Determines that the order and petition
are incomplete, the sheriff shall return the order and petition to the clerk of
the court. The clerk of the court shall notify the petitioner, at the address
provided by the petitioner, of the error or omission.
(b) After accepting the order and
petition, cannot complete service within 10 days, the sheriff shall notify the
petitioner, at the address provided by the petitioner, that the documents have
not been served. If the petitioner does not respond within 10 days, the sheriff
shall hold the order and petition for future service and file a return to the
clerk of the court showing that service was not completed.
(10)(a) Within 30 days after a restraining
order is served under this section, the respondent therein may request a court
hearing upon any relief granted. The hearing request form shall be available
from the clerk of the court in the form prescribed by the State Court
Administrator.
(b) If the respondent requests a hearing
under paragraph (a) of this subsection, the clerk of the court shall notify the
petitioner of the date and time of the hearing, and shall supply the petitioner
with a copy of the respondent’s request for a hearing. The petitioner shall
give to the clerk of the court information sufficient to allow such
notification.
(c) The hearing shall not be limited to
the issues raised in the respondent’s request for hearing form. If the
respondent seeks to raise an issue at the hearing not previously raised in the
request for hearing form, or if the petitioner seeks relief at the hearing not
granted in the original order, the other party shall be entitled to a
reasonable continuance for the purpose of preparing a response to the issue.
(11) If the respondent fails to request a
hearing within 30 days after a restraining order is served, the restraining
order is confirmed by operation of law. The provisions of this section are
sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the
respondent received actual notice of the right to request a hearing and the
opportunity to participate at the hearing but the respondent failed to exercise
those rights. [1981 c.780 §4; 1983 c.561 §2; 1985 c.629 §4; 1987 c.805 §4; 1989
c.605 §1; 1991 c.303 §2; 1991 c.382 §2; 1991 c.724 §22; 1993 c.375 §2; 1993
c.643 §2; 1995 c.637 §5; 1995 c.794 §1a; 1997 c.607 §1; 1997 c.707 §16; 1997
c.863 §4; 1999 c.617 §2; 1999 c.1052 §§9,9a; 2005 c.536 §2; 2007 c.11 §7]
107.719
Removal of personal effects; party accompanied by peace officer. (1) A peace officer who accompanies a party
removing essential personal effects pursuant to an order issued under ORS
107.718 shall remain for up to 20 minutes and may temporarily interrupt the
removal of property at any time. Nothing in this subsection shall affect a
peace officer’s duty to arrest under ORS 133.055 and 133.310.
(2) The party removing essential personal
effects from the residence pursuant to an order issued under ORS 107.718 is
entitled to be accompanied by a peace officer on one occasion only.
(3) A peace officer who accompanies a
party removing essential personal effects pursuant to an order issued under ORS
107.718 shall have immunity from any liability, civil or criminal, for any
actions of the party committed during the removal of essential personal
effects. [1989 c.605 §3]
107.720
Enforcement of restraining orders; sheriff’s proceedings; security; termination
order. (1)(a) Whenever a
restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716 or
107.718 which includes a security amount and an expiration date pursuant to ORS
107.095, 107.716 or 107.718 and this section, is issued and the person to be
restrained has actual notice thereof, the clerk of the court or any other
person serving the petition and order shall deliver forthwith to a county
sheriff a true copy of the affidavit of proof of service on which it is stated
that personal service of the petition and order was served on the respondent, a
copy of the petition and a true copy of the order. If an order entered by the
court recites that the respondent appeared in person before the court, the
necessity for further service of the order is waived and an accompanying proof
of service is not necessary. Upon receipt of a true copy of the order and
completion of any required service, the county sheriff shall forthwith enter
the order into the Law Enforcement Data System maintained by the Department of
State Police and into the databases of the National Crime
Information Center
of the United States Department of Justice. The sheriff shall also provide the
petitioner with a true copy of the proof of service. Entry into the Law
Enforcement Data System constitutes notice to all law enforcement agencies of the
existence of such order. Law enforcement agencies shall establish procedures
adequate to ensure that an officer at the scene of an alleged violation of such
order may be informed of the existence and terms of such order. Such order
shall be fully enforceable in any county or tribal land in the state. The
petitioner may elect to deliver documents personally to a county sheriff or to
have them delivered by a private person for entry into the Law Enforcement Data
System and the databases of the National
Crime Information
Center of the United
States Department of Justice.
(b) When a restraining order has been
entered into the Law Enforcement Data System and the databases of the National
Crime Information Center of the United States Department of Justice under
paragraph (a) of this subsection, a county sheriff shall cooperate with a
request from a law enforcement agency from any other jurisdiction to verify the
existence of the restraining order or to transmit a copy of the order to the
requesting jurisdiction.
(2)(a) A restraining order shall remain in
effect until the order expires or is terminated by court order.
(b) When a restraining order has been
entered under ORS 107.718, the restraining order shall not be terminated upon a
motion for dismissal by the petitioner unless the motion is notarized.
(3) In any situation where a restraining
order described in subsection (1) of this section is terminated before the
expiration date, the clerk of the court shall deliver forthwith a true copy of
the termination order to the county sheriff with whom the original order was
filed. Upon receipt of such termination order the county sheriff shall promptly
remove the original order from the Law Enforcement Data System and the
databases of the National
Crime Information
Center of the United
States Department of Justice.
(4) Pending a contempt hearing for alleged
violation of a restraining order issued pursuant to ORS 107.095 (1)(c) or (d),
107.716 or 107.718, a person arrested and taken into custody pursuant to ORS
133.310 may be released as provided in ORS 135.230 to 135.290. Whenever such
restraining order is issued, the issuing court shall set a security amount for
the violation of such order. [1977 c.845 §8; 1979 c.522 §1; 1981 c.780 §7; 1983
c.561 §3; 1991 c.382 §1; 1993 c.188 §10; 1999 c.1052 §1; 2007 c.255 §6]
107.721
Petitioner’s change of residence. If the court does not award parenting time under ORS 107.718 to the
parent who committed abuse, the petitioner may move to a residence more than 60
miles from the other parent without giving notice to the other parent of the
change of residence. However, the petitioner shall give to the clerk of the
court information sufficient to allow notification under ORS 107.718 (10). [1999
c.762 §4; 2005 c.536 §8]
107.722
Effect of dissolution, annulment or separation judgment or modification order
on abuse prevention order; modification of preexisting order or judgment. (1) The provisions of an order or judgment,
or of a modification to an order or judgment, issued under ORS 107.095 (1)(b),
107.105, 107.135, 109.103 or 109.155 supersede contrary provisions of a
preexisting order issued under ORS 107.700 to 107.735, except that an order
issued under ORS 107.095 (1)(b) supersedes a preexisting order issued under ORS
107.700 to 107.735 only if the party requesting temporary relief consolidates
the subsequently filed matter with the preexisting matter filed under ORS
107.700 to 107.735 and provides the nonmoving party with notice and an
opportunity for a hearing.
(2)(a) In a proceeding under ORS 107.700
to 107.735, the court may modify the custody or parenting time provisions of a
preexisting order or judgment issued under ORS 107.095 (1)(b), 107.105,
107.135, 109.103 or 109.155, or a similar order or judgment issued by the
tribunal of another jurisdiction, if necessary to protect the safety and
welfare of the child or the petitioner.
(b) If the court, in an order issued under
ORS 107.700 to 107.735, modifies the custody provisions of a preexisting order
or judgment issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or
109.155, the court shall specify in the order issued under ORS 107.700 to
107.735 a period that the court considers adequate under the circumstances
within which the party seeking relief may obtain a modification of the
preexisting order or judgment under controlling law. Upon the expiration of the
period specified by the court, if a modification of the preexisting order or
judgment has not been obtained, the custody and parenting time provisions of
the order issued under ORS 107.700 to 107.735 expire and the custody and
parenting time provisions of the preexisting order or judgment become
immediately effective.
(c) If the court, in an order issued under
ORS 107.700 to 107.735, modifies the custody provisions of a preexisting order
or judgment issued by the tribunal of another jurisdiction, ORS 109.701 to
109.834 apply. [1987 c.805 §6; 1995 c.637 §6; 2005 c.536 §3]
107.723
Service of restraining order; facsimile by sheriff. (1) A sheriff may serve a restraining order
under ORS 107.718 in the county in which the sheriff was elected and in any
other county that is adjacent to the county in which the sheriff was elected.
(2) A sheriff may serve and enter into the
Law Enforcement Data System a facsimile of a certified true copy of a
restraining order under ORS 107.718 that was transmitted to the sheriff by a
trial court administrator or another sheriff using a telephonic facsimile
communication device. A copy of the facsimile must be attached to the sheriff’s
return of service. Before transmitting a restraining order to a sheriff under
this subsection, the person sending the facsimile must receive confirmation by
telephone from the sheriff’s office that a telephonic facsimile communication
device is available and operating. [2003 c.304 §10; 2007 c.255 §7]
107.725
Renewal of order entered under ORS 107.716 or 107.718. The court may renew an order entered under
ORS 107.716 or 107.718 upon a finding that a person in the petitioner’s
situation would reasonably fear further acts of abuse by the respondent if the
order is not renewed. A finding that there has been a further act of abuse is
not required. A court may renew an order on the basis of a sworn, ex parte
petition alleging facts supporting the required finding. If the renewal order
is granted, the provisions of ORS 107.716 (5) and 107.718 (8) to (10) apply
except that the court may hear no issue other than the basis for renewal unless
requested in the hearing request form and thereafter agreed to by the
petitioner. The court shall hold a hearing required under this section within
21 days after the respondent’s request. [1985 c.629 §46; 1997 c.863 §7; 1999
c.1052 §15; 2003 c.14 §42; 2005 c.536 §9]
107.726
Standing to petition for relief of person under 18 years of age. A person who is under 18 years of age may
petition the circuit court for relief under ORS 107.710 if:
(1) The person is:
(a) The spouse of the respondent;
(b) The former spouse of the respondent;
or
(c) A person who has been in a sexually
intimate relationship with the respondent; and
(2) The respondent is 18 years of age or
older. [1993 c.643 §4]
107.728
Where to file petition; contempt proceedings. A petition under ORS 107.710 may be filed only in a county in which
the petitioner or respondent resides. Any contempt proceedings for violation of
a restraining order issued under ORS 107.700 to 107.735 must be conducted by
the court that issued the order, or by the circuit court for a county in which
a violation of the restraining order occurs. If contempt proceedings are
initiated in the circuit court for a county in which a violation of the
restraining order occurs, the person initiating the contempt proceedings shall
file with the court a copy of the restraining order, certified by the clerk of the
court that issued the order. Upon filing of the certified copy of the
restraining order, the court shall enforce the order as though that court had
issued the order. [2003 c.289 §2]
107.730
Modification of custody and parenting time provisions of order entered under
ORS 107.700 to 107.735; attorney fees. (1) At any time after an order has been issued under ORS 107.700 to
107.735 and after the time period set forth in ORS 107.718 (10)(a), a party may
request that the court modify terms in the order that provide for custody and
parenting time.
(2) The clerk of the court shall provide
without charge the number of certified true copies of the request for
modification of the order and notice of hearing necessary to effect service
and, at the election of the party requesting the modification, shall have a
true copy of the request and notice delivered to the county sheriff for service
upon the other party.
(3) Service shall be in the manner
provided by law for service of summons. The county sheriff shall serve the
other party personally unless the party requesting the modification elects to
have the other party served personally by a private party.
(4) The provisions of ORS 107.716 (5)
apply to a modification of an order under this section.
(5) The court may assess against either
party a reasonable attorney fee and such costs as may be incurred in the
proceeding. [1985 c.629 §6; 1995 c.637 §7; 1997 c.707 §17; 1999 c.1052 §16;
2005 c.536 §10; 2007 c.22 §5]
107.732
Recovering custody of child.
(1) An order or a modification to an order issued under ORS 107.700 to 107.735
that provides for the custody of a child shall, when requested by the party
awarded custody, contain a provision ordering a peace officer to assist in
recovering the custody of the child and authorizing the use of any reasonable
force necessary to that end, including directing forcible entry into specified
premises.
(2) An order under ORS 107.718 directing
the sheriff to use any reasonable force necessary to enforce the order
authorizes the sheriff to make a forcible entry into the premises specified in
the order.
(3) No peace officer shall be civilly or
criminally liable for any action taken in recovering the custody of a child
pursuant to an order issued under ORS 107.700 to 107.735, except for
intentional torts outside the scope of the peace officer’s duties. [1995 c.637 §9;
2007 c.255 §8]
107.735
Duties of State Court Administrator. The State Court Administrator shall:
(1) Track the number of hearings that are
scheduled or requested each year under ORS 107.716 (2) or 107.718 (2).
(2) In accordance with ORS 3.438
(4)(a)(B), develop training information and materials concerning the issues and
hearings under ORS 107.716 (2) or 107.718 (2) related to temporary custody of
children. The training information and materials are for use by courts, state
agencies, legal services providers and others as determined by the State Court
Administrator. [2005 c.536 §6]
MEDIATION
PROCEDURES
107.755
Court-ordered mediation; rules.
(1) Each judicial district shall:
(a) Provide a mediation orientation
session for all parties in cases in which child custody, parenting time or
visitation is in dispute, and in any other domestic relations case in which
mediation has been ordered. The orientation session may be structured in any
way the circuit court determines best meets the needs of the parties. The
orientation session should be designed to make the parties aware of:
(A) What mediation is;
(B) Mediation options available to them;
and
(C) The advantages and disadvantages of
each method of dispute resolution.
(b) Except in matters tried under ORS
107.097 and 107.138 or upon a finding of good cause, require parties in all
cases described in paragraph (a) of this subsection to attend a mediation
orientation session prior to any judicial determination of the issues.
(c) Provide mediation under ORS 107.755 to
107.795 in any case in which child custody, parenting time and visitation are
in dispute.
(d) Have developed a plan that addresses
domestic violence issues and other power imbalance issues in the context of
mediation orientation sessions and mediation of any issue in accordance with
the following guidelines:
(A) All mediation programs and mediators
must recognize that mediation is not an appropriate process for all cases and
that agreement is not necessarily the appropriate outcome of all mediation;
(B) Neither the existence of nor the
provisions of a restraining order issued under ORS 107.718 may be mediated;
(C) All mediation programs and mediators
must develop and implement:
(i) A screening and ongoing evaluation
process of domestic violence issues for all mediation cases;
(ii) A provision for opting out of
mediation that allows a party to decline mediation after the party has been
informed of the advantages and disadvantages of mediation or at any time during
the mediation; and
(iii) A set of safety procedures intended
to minimize the likelihood of intimidation or violence in the orientation
session, during mediation or on the way in or out of the building in which the
orientation or mediation occurs;
(D) When a mediator explains the process
to the parties, the mediator shall include in the explanation the disadvantages
of mediation and the alternatives to mediation;
(E) All mediators shall obtain continuing
education regarding domestic violence and related issues; and
(F) Mediation programs shall collect
appropriate data. Mediation programs shall be sensitive to domestic violence
issues when determining what data to collect.
(e) In developing the plan required by
paragraph (d) of this subsection, consult with one or more of the following:
(A) A statewide or local multidisciplinary
domestic violence coordinating council.
(B) A nonprofit private organization
funded under ORS 409.292.
(2) Notwithstanding any other provision of
law, mediation under ORS 107.755 to 107.795, including the mediation
orientation session described in subsection (1)(a) of this section, may not be
encouraged or provided in proceedings under ORS 30.866, 107.700 to 107.735, 124.005
to 124.040 or 163.738.
(3) The court, as provided in ORS 3.220,
may make rules consistent with ORS 107.755 to 107.795 to govern the operation
and procedure of mediation provided under this section.
(4) If a court provides mediation of
financial issues, it shall develop a list of mediators who meet the minimum
education and experience qualifications established by rules adopted under ORS
1.002. The rules must require demonstrated proficiency in mediation of
financial issues. Once the list is developed, the judicial district shall
maintain the list. Mediation of financial issues is subject to the plan
developed under subsection (1)(d) of this section and to the limitations
imposed by subsection (2) of this section.
(5) A circuit court may provide mediation
in connection with its exercise of conciliation jurisdiction under ORS 107.510
to 107.610, but a circuit court need not provide conciliation services in order
to provide mediation under ORS 107.755 to 107.795. [1983 c.671 §2; 1993 c.138 §4;
1995 c.273 §10; 1995 c.666 §21a; 1997 c.475 §1; 1997 c.707 §18a; 2001 c.394 §2;
2003 c.791 §24; 2005 c.22 §82]
107.765
When referral to mediation permitted; scope of mediation; report to court of
outcome of mediation. (1) In
a domestic relations suit, where it appears on the face of one or more
pleadings, appearances, petitions or motions, including any form of application
for the setting aside, alteration or modification of an order or judgment, that
custody, parenting time or visitation of a child is contested, the court may,
when appropriate, refer the matter for mediation of the contested issues prior
to or concurrent with the setting of the matter for hearing. The purpose of the
mediation is to assist the parties in reaching a workable settlement of the
contested issues instead of litigating those issues before the court. Unless
the court provides for the mediation of financial issues under ORS 107.755 (4),
the mediator shall not consider issues of property division or spousal or child
support, in connection with the mediation of a dispute concerning child
custody, parenting time or visitation, or otherwise, without the written
approval of both parties or their counsel.
(2) The mediator shall report to the court
and to counsel for the parties the outcome of the mediation at the conclusion
of the mediation proceeding. The mediator shall report in writing to the court
and to counsel for the parties any agreement reached by the parties as a result
of the mediation, and the agreement shall be incorporated in a proposed order
or judgment provision prepared for the court. If the parties do not reach an
agreement, the mediator shall report only that fact to the court and to counsel
for the parties, but shall not make a recommendation to the court without the
written consent of the parties or their counsel. [1983 c.671 §3; 1995 c.273 §18;
1997 c.475 §2; 1997 c.707 §19; 1999 c.59 §24; 2003 c.576 §130]
107.775
Methods of providing mediation services; qualifications; costs. (1) A circuit court may obtain mediation
services, with the prior approval of the governing body of each county
involved, by:
(a) Using personnel performing
conciliation services for the court under ORS 107.510 to 107.610;
(b) Contracting or entering into
agreements with public or private agencies to provide mediation services to the
court; or
(c) Employing or contracting for mediators
directly.
(2) Personnel performing mediation
services for the circuit court shall have the minimum educational and
experience qualifications established by rules adopted under ORS 1.002.
(3) Subject to the provisions of the Local
Budget Law, the compensation and expenses of personnel performing mediation
services for the circuit court and other expenses of mediation services
provided by the court shall be paid by the county or as may be agreed upon by
the counties involved. Personnel performing mediation services are not state
employees, and their compensation and expenses shall not be paid by the state.
(4) The parties to a child custody,
parenting time or visitation dispute that is referred by the circuit court to
mediation may use, at their option and expense, mediation services other than
those provided by the court.
(5) Two or more counties may join together
to provide services under ORS 107.510 to 107.610 and 107.755 to 107.795. [1983
c.671 §4; 1989 c.718 §25; 1997 c.475 §3; 1997 c.707 §20; 2003 c.791 §25]
107.785
Privacy of proceedings; confidentiality of communications; records. (1) All mediation proceedings under ORS
107.755 to 107.795 shall be held in private, and all persons other than
mediation services personnel, the parties, their counsel and children of the
parties shall be excluded.
(2) All communications, verbal or written,
made in mediation proceedings shall be confidential. A party or any other
individual engaged in mediation proceedings shall not be examined in any civil
or criminal action as to such communications and such communications shall not
be used in any civil or criminal action without the consent of the parties to
the mediation. Exceptions to testimonial privilege otherwise applicable under
ORS 40.225 to 40.295 do not apply to communications made confidential under
this subsection.
(3) All records of the court with respect
to mediation proceedings shall be closed except for:
(a) Records reflecting which cases have
been referred for mediation under ORS 107.765 (1);
(b) The mediator’s report to the court
made under the provisions of ORS 107.765 (2); and
(c) Information used to compile
statistical data. [1983 c.671 §5; 1995 c.273 §19]
107.795
Availability of other remedies.
Nothing in ORS 21.112, 107.615 and 107.755 to 107.795 shall preclude a party
from obtaining any orders available under ORS 107.700 to 107.735 or ORS 124.005
to 124.040 before or during mediation. [1983 c.671 §8; 1995 c.666 §22]
LIFE INSURANCE ON
OBLIGOR
107.810
Policy. It is the policy of
the State of Oregon to encourage persons obligated to support other persons as
the result of a dissolution or annulment of marriage or as the result of a
legal separation to obtain or to cooperate in the obtaining of life insurance
adequate to provide for the continued support of those persons in the event of
the obligor’s death. [1981 c.775 §9]
107.820
Support order as insurable interest; order to obtain, renew or continue
insurance; right of beneficiary to purchase insurance or pay premiums. A court order for the payment of spousal or
child support whether issued prior to, on or following November 1, 1981,
constitutes an insurable interest in the party awarded the right to receive the
support. In any case of marital annulment, dissolution or separation, the issue
of life insurance shall be determined as follows:
(1) When the judgment creates an
obligation of spousal or child support or awards a share of a pension or
retirement plan, the judgment may also require that the obligated party
maintain any existing insurance policies on the life of the obligated spouse
and in which the dependent spouse is named as beneficiary. The judgment may
require that the policies be maintained until the obligation is fulfilled. The
premiums may be paid by the obligated spouse, and the court may consider the
cost of premiums when determining the obligation. Any life insurance policies
on the life of the obligated spouse owned by parties outside of the marriage or
purchased and held for purposes clearly outside the marriage relationship are
exempt from this subsection.
(2) If the party ordered to pay support or
a share of a pension or retirement plan has no life insurance policy naming as
beneficiary the party ordered to receive either support or a share of a pension
or retirement plan, or if an existing policy is inadequate to cover the
obligation, the court in a judgment may order that the party ordered to pay
shall purchase a life insurance policy naming as beneficiary the party ordered
to receive the support or a share of a pension or retirement plan and that the
obligated party shall pay premiums on the policy and keep the policy in force
until the obligation ends. The obligated spouse has the option of obtaining a
nonreducing term life insurance policy or any other type of policy in lieu of
using existing policies.
(3) Additionally, the party awarded the
right to receive support or a share of a pension or retirement plan may
purchase a life insurance policy on the life of the obligated party. In such
case the court shall order the obligated party to undergo a physical
examination. All rights of policy ownership, including those regarding the
extent of coverage, shall be in the party purchasing the policy under this
subsection who shall also be responsible for paying the premiums. The
provisions of this subsection may be exercised at the time of annulment,
dissolution or separation, or at any later time while the obligation continues.
(4) Upon motion of either party, the court
shall order a party to renew a life insurance policy allowed to lapse for any
reason during the pendency of the suit.
(5) A party who is the beneficiary of any
policy under this section upon which the other party is obligated to pay
premiums, is entitled, in the event of default by the paying party, to pay the
premiums on the policy and to obtain a supplemental judgment for reimbursement
of any money so expended. A default in the payment of premiums by the party
obligated by the judgment or order is a contempt of the court.
(6) Life insurance retained or purchased
by an obligor under subsection (1) or (2) of this section for the purpose of
protecting the support, pension or retirement plan obligation shall not be
reduced by loans or any other means of reduction until the obligation has been
fulfilled. The obligee or the attorney of the obligee shall cause a certified
copy of the judgment to be delivered to the life insurance company or
companies. If the obligee or the attorney of the obligee delivers a true copy
of the judgment to the life insurance company or companies, identifying the
policies involved and requesting such notification under this section, the
company or companies shall notify the obligee, as beneficiary of the insurance
policy, whenever the policyholder takes any action that will change the
beneficiary or reduce the benefits of the policy. Either party may request
notification by the insurer when premium payments have not been made. If the
obligor is ordered to provide for and maintain life insurance, the obligor
shall provide to the obligee a true copy of the policy. The obligor shall also
provide to the obligee written notice of any action that will reduce the
benefits or change the designation of the beneficiaries under the policy. [1981
c.775 §11; 1983 c.728 §5; 1987 c.885 §4; 1993 c.716 §5; 2003 c.576 §131]
107.830
Physical examination may be ordered; responsibility for premiums. The court may order a party to undergo a
physical examination for the purpose of obtaining life insurance and may order
this party to pay any premiums on such policy, except in cases in which the
life insurance policy has been obtained under ORS 107.820 (3). If life
insurance is obtained by a spouse or former spouse with an insurable interest,
the person obtaining the policy is responsible for all premiums to be paid and
for the choice of policy type and amount. If either party owns life insurance
on the life of the paying spouse, and it is allowed to lapse for any reason
during the suit, upon the request of the party receiving support, the paying
spouse can be ordered to submit to a physical examination for the purpose of
renewing the policy, if such examination is a requirement for renewal. [1981
c.775 §12]
MISCELLANEOUS
107.835
Waiver of personal service in subsequent contempt proceeding. (1) When a court enters a judgment, order or
modification of a judgment or order under ORS chapter 25, 107, 108, 109, 110 or
416, the court shall allow any party to the judgment or order to include in the
judgment or order a waiver of personal service in a subsequent contempt
proceeding in order to maintain the confidentiality of the party’s residential
address. In the waiver, the party shall give a contact address for service of
process and select one of the following methods of substituted service:
(a) Mailing address;
(b) Business address; or
(c) Specified agent.
(2) Any time after a party has waived
personal service under subsection (1) of this section, the party may file an
amended waiver designating a different method of substituted service or a
different address for substituted service. The party shall give notice of the
amendment to all other parties.
(3) The State Court Administrator shall
prescribe the content and form of the waiver and amended waiver described in
this section. [1993 c.448 §6; 1995 c.608 §35; 2003 c.576 §132; 2007 c.11 §8]
Note: 107.835 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 107 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
107.837
Attorney fees; effect of authorization to party. In any proceeding brought under this
chapter, an authorization of attorney fees to a party also authorizes an award
of attorney fees to or against any person who has appeared or intervened in the
proceeding. [1997 c.90 §2; 2005 c.22 §83]
107.840
Confidentiality of Social Security numbers. (1) The State Court Administrator shall establish a procedure
applicable to every court in this state that ensures that the Social Security
numbers of parties to a proceeding under ORS 107.085 or 107.485 are kept
confidential and exempt from public inspection.
(2) The procedure established under this
section must:
(a) Require that Social Security numbers
be listed on a separate paper attached to an affidavit of the person providing
the Social Security number certifying that the Social Security number is
correct;
(b) Ensure that the Social Security
numbers are provided to or made accessible to the entities primarily
responsible for providing support enforcement services under ORS 25.080; and
(c) Comply with the requirements of 42
U.S.C. 666 relating to provision of Social Security numbers. [2003 c.380 §1]
107.843
Supplemental judgments. A
judgment entered under this chapter may be altered or modified only by the
entry of a supplemental judgment under ORS chapter 18. [2003 c.576 §101]
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