ORS 109.787¹
Registration of child custody determination
  • notice
  • 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) 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

(c) 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)(c) 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. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(a) The issuing court did not have jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.771 (Appearance of parties and child);

(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]

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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