ORS 109.737¹
Cooperation between courts
  • preservation of records

(1) A court of this state may request the appropriate court of another state to:

(a) Hold an evidentiary hearing;

(b) Order a person to produce or give evidence pursuant to procedures of that state;

(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and

(e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1) of this section.

(3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) of this section may be assessed against the parties according to the law of this state.

(4) A court of this state shall preserve the pleadings, orders, judgments, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding for the time required by the retention schedule adopted under ORS 8.125 (Duties to assist Chief Justice and other courts) (11). The retention schedule shall require retention at least until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [1999 c.649 §12; 2003 c.576 §160]

Note: See note under 109.701 (Short title).

Note

Subject sec­tions all sub­se­quently repealed

Notes of Decisions

Habeas corpus is permissible pro­ce­dure to enforce custody decrees in conjunc­tion with these sec­tions. State ex rel Butler v. Morgan, 34 Or App 393, 578 P2d 814 (1978)

Long-term abduc­tion of child can result in jurisdic­tion vesting in state where child is located. Grubs v. Ross, 291 Or 263, 630 P2d 353 (1981)

In abduc­tion cases, jurisdic­tion of decree state continues for reasonable period of time following abduc­tion. Grubs v. Ross, 291 Or 263, 630 P2d 353 (1981)

Where Oregon court rendered original decree and had continuing jurisdic­tion, court was not re­quired to defer to court of an­oth­er state where modifica­tion was already pending. Fenn and Fenn, 63 Or App 506, 664 P2d 1143 (1983)

Uniform Child Custody Jurisdic­tion Act did not apply to paternity ac­tion, because ac­tion was not "custody determina­tion" for purposes of UCCJA. State ex rel Baldwin v. Hale, 86 Or App 361, 738 P2d 1016 (1987)

Filing of peti­tion under Revised Uniform Reciprocal Enforce­ment of Support Act that included request for determina­tion of custody and visita­tion could not confer jurisdic­tion by con­sent where Uniform Child Custody Jurisdic­tion Act jurisdic­tional require­ments were not met. State ex rel State of Washington v. Bue, 117 Or App 477, 844 P2d 278 (1992)

Uniform Child Custody Jurisdic­tion Act applies to adop­tion pro­ceed­ings. State ex rel Torres v. Mason, 315 Or 386, 848 P2d 592 (1993)

Where supple­mental pleading alleges con­duct that could not have been alleged in initial peti­tion, other than new jurisdic­tional basis, jurisdic­tion is measured from time filing of supple­mental pleading commences ac­tion. Stubbs v. Weathersby, 320 Or 620, 892 P2d 991 (1995)

Except in unusual circumstances, Oregon law applies to issues arising out of adop­tion peti­tion properly filed in Oregon, including ques­tions of con­sent signed in an­oth­er state. Stubbs v. Weathersby, 320 Or 620, 892 P2d 991 (1995)

Federal Parental Kidnaping Preven­tion Act preempts state law with regard to modifica­tion of foreign state decrees. Henry and Keppel, 326 Or 166, 951 P2d 135 (1997)

Law Review Cita­tions

12 WLJ 629-641 (1976)

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/­109.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.
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