2011 ORS § 109.787¹
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 (Simple proceeding filing fee);
(c) Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(d) Except as otherwise provided in ORS 109.767 (Information to be submitted to court), the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child custody determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
(3) The person seeking registration of a child custody determination shall serve notice upon the persons named under subsection (1)(d) of this section notifying them of the opportunity to contest the registration in accordance with this section.
(4) The notice required by subsection (3) of this section must state that:
(a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(b) A hearing to contest the validity of the registered determination must be requested within 21 days after service of notice; and
(c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(5) A person seeking to contest the validity of a registered order must request a hearing within 21 days after service of the notice and pay the filing fee established under ORS 21.145 (Simple proceeding filing fee). At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 (Initial child custody jurisdiction) to 109.771 (Appearance of parties and child); or
(c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724 (Notice to persons outside state), in the proceedings before the court that issued the order for which registration is sought.
(6) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(7) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [1999 c.649 §27; 2011 c.595 §34]
Note: Section 38, chapter 595, Oregon Laws 2011, provides:
Sec. 38. The amendments to ORS 24.115 (Filing of foreign judgment), 24.135 (Grounds for staying enforcement of judgment), 109.787 (Registration of child custody determination), 110.426 (Procedure to register child support order of another state for modification), 125.842 (Registration of guardianship orders) and 125.845 (Registration of conservatorship orders) by sections 32 to 37 of this 2011 Act apply only to proceedings commenced on or after October 1, 2011. [2011 c.595 §38]
Note: See note under 109.701 (Short title).