Section 109.774 – Definitions for ORS 109.774 to 109.827.
As used in ORS 109.774 to 109.827: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Respondent” means a person against whom a proceeding has been commenced for […]
Section 109.777 – Enforcement under Hague Convention.
Under ORS 109.774 to 109.827, a court of this state may also enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if the order were a child custody determination. [1999 c.649 §24] Note: See note under 109.701.
Section 109.781 – Duty to enforce.
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with ORS 109.701 to 109.834 or the determination was made under factual circumstances meeting the jurisdictional standards of ORS 109.701 to 109.834 and the determination has […]
Section 109.784 – Temporary order for parenting time or visitation.
In a child custody enforcement proceeding authorized by law: (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A parenting time or visitation schedule made by a court of another state; or (b) The visitation or parenting time provisions of […]
Section 109.787 – Registration of child custody determination; notice; fee; hearing.
(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to any circuit court in this state: (a) A letter or other document requesting registration; (b) The filing fee established under ORS 21.145; (c) Two copies, including […]
Section 109.791 – Enforcement of registered determination.
(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with ORS 109.741 to 109.771, a […]
Section 109.794 – Simultaneous proceedings.
If a proceeding for enforcement under ORS 109.774 to 109.827 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ORS 109.741 to 109.771, the enforcing court shall immediately communicate with […]
Section 109.797 – Expedited enforcement of child custody determination.
(1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A petition for enforcement of a […]
Section 109.801 – Service of petition and order.
Except as otherwise provided in ORS 109.807, the petition and order for enforcement of a child custody determination must be served by the petitioner, by any method authorized for service of process within this state, upon the respondent and any person who has physical custody of the child. [1999 c.649 §31] Note: See note under […]
Section 109.804 – Immediate physical custody of child; exceptions; spousal privilege in certain proceedings.
(1) Unless the court issues a temporary emergency order under ORS 109.751, upon a finding that a petitioner is entitled to immediate physical custody of the child under the controlling child custody determination, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (a) The […]