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)
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Subject sections all subsequently repealed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)