2015 ORS 109.747¹
Jurisdiction to modify determination

Except as otherwise provided in ORS 109.751 (Temporary emergency jurisdiction), a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under ORS 109.741 (Initial child custody jurisdiction) (1)(a) or (b) and:

(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under ORS 109.744 (Exclusive, continuing jurisdiction) or that a court of this state would be a more convenient forum under ORS 109.761 (Inconvenient forum); or

(2) A court of this state or a court of the other state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state. [1999 c.649 §15]

Note: See note under 109.701 (Short title).

Notes of Decisions

Jurisdic­tional require­ments are applicable to any peti­tion seeking to change, replace or supersede prior award of custody, regardless of whether peti­tion involves same pro­ceed­ing or parties. Snow v. Snow, 189 Or App 189, 74 P3d 1137 (2003)

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)


1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.