Chapter 107 — Chapter 107

ORS 107.133 Remedy following conviction for attempted murder or conspiracy to commit murder. (1) In addition to any other remedy authorized by law, when a party is convicted of the attempted murder or conspiracy to commit the murder of the other party, the court may, upon a petition for dissolution of marriage or the motion of the injured party, modify or terminate any duty of the injured party to provide spousal support or any insurance benefit, including through a beneficiary designation on a life insurance policy, to the other party under ORS 107.135

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ORS 107.135 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies. (1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section

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ORS 107.136 Reinstatement of terminated spousal support. (1) When a court has terminated the duty of spousal support under ORS 107.135, the court may reinstate the remaining duration and remaining amount of the support award if the moving party alleges and proves that

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ORS 107.137 Factors considered in determining custody of child. (1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors

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ORS 107.138 Temporary status quo order regarding child custody. (1)(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after

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ORS 107.139 Post-judgment ex parte temporary custody or parenting time order; hearing. (1)(a) Following entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if

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ORS 107.140 [Paragraph (f) of subsection (1) of 1959 Replacement Part enacted as 1955 c.72 §1; repealed by 1961 c.551 §2]

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ORS 107.141 [1961 c.551 §1; repealed by 1971 c.280 §28]

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ORS 107.142 [1971 c.280 §17; 1973 c.530 §1; 1981 c.537 §1; repealed by 2003 c.576 §580]

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ORS 107.145 Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state. (1) The Legislative Assembly finds and declares that

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ORS 107.146 Expedited hearing upon motion by deployed parent; provision for alternate testimony when deployed parent cannot personally appear. (1) Upon motion filed by a deployed parent or a parent whose deployment is imminent, the court shall hold an expedited hearing in

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ORS 107.149 Policy regarding parents and their children. It is the policy of this state to assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage. [1987 c.795 §2]

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ORS 107.150 [Subsection (5) enacted as 1953 c.491 §1; 1959 c.228 §1; subsection (6) enacted as 1965 c.603 §7; subsection (7) enacted as 1965 c.386 §4; repealed by 1971 c.280 §28]

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ORS 107.154 Authority of parent when other parent granted sole custody of child. Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority

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ORS 107.159 Notice of change of residence. (1) In any court order or judgment granting custody of a minor child and parenting time or visitation rights relating to the child, except for an order under ORS 107.700 to 107.735, the court shall include in its order a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of such notice to the court

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ORS 107.160 [Amended by 1963 c.497 §4; repealed by 1971 c.280 §28]

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ORS 107.164 Parents’ duty to provide information to each other. Unless otherwise ordered by the court, both parents shall have a continuing responsibility, once a custody or protective order concerning the child is issued, to provide addresses and contact telephone numbers to the other parent and to immediately notify the other parent of any emergency circumstances or substantial changes in the health of the child. [1987 c.795 §5]

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ORS 107.169 Joint custody of child; modification. (1) As used in this chapter, “joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions

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ORS 107.170 [1955 c.648 §1; repealed by 1961 c.210 §6]

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ORS 107.174 Modification of order for parenting time; stipulation; exception for nonresident child. (1) Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 of so much of a judgment as relates to the parenting time with a minor child, if the parents submit to the court a stipulation signed by both of the parents and requesting such modification together with a form of order. The stipulation must be declared under penalty of perjury or made under oath or affirmation. The content and form of the stipulation and order shall be as prescribed by the State Court Administrator. At its discretion, the court may order the matter set for a hearing and require the parties to appear personally before the court

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ORS 107.179 Request for joint custody of children; mediation. (1) When either party to a child custody issue, other than one involving temporary custody, whether the issue arises from a case of marital annulment, dissolution or separation, or from an adjudication of parentage, requests the court to grant joint custody of the minor children of the parties under ORS 107.105, the court, if the other party objects to the request for joint custody, shall proceed under this section. The request under this subsection must be made, in the petition or the response, or otherwise not less than 30 days before the date of trial in the case, except for good cause shown. The court in such circumstances, except as provided in subsection (3) of this section, shall direct the parties to participate in mediation in an effort to resolve their differences concerning custody. The court may order such participation in mediation within a mediation program established by the court or as conducted by any mediator approved by the court. Unless the court or the county provides a mediation service available to the parties, the court may order that the costs of the mediation be paid by one or both of the parties, as the court finds equitable upon consideration of the relative ability of the parties to pay those costs. If, after 90 days, the parties do not arrive at a resolution of their differences, the court shall proceed to determine custody

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ORS 107.180 [1959 c.534 §1; renumbered 107.430]

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ORS 107.210 [Repealed by 1973 c.502 §18]

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ORS 107.220 [Repealed by 1973 c.502 §18]

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ORS 107.230 [Repealed by 1973 c.502 §18]

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ORS 107.240 [Repealed by 1973 c.502 §18]

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ORS 107.250 [Amended by 1955 c.648 §5; 1959 c.572 §2; 1969 c.221 §2; 1969 c.313 §1; repealed by 1973 c.502 §18]

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ORS 107.260 [Repealed by 1973 c.502 §18]

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ORS 107.270 [Amended by 1969 c.198 §55; repealed by 1973 c.502 §18]

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ORS 107.280 [Amended by 1959 c.572 §3; 1969 c.591 §285; repealed by 1973 c.502 §18]

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ORS 107.290 [Amended by 1971 c.314 §2; repealed by 1973 c.502 §18]

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ORS 107.300 [Amended by 1971 c.280 §23; repealed by 1973 c.502 §18]

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ORS 107.310 [Amended by 1973 c.502 §10; renumbered 107.455]

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ORS 107.320 [Repealed by 1973 c.502 §18]

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ORS 107.400 Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought. At any time prior to the entry of a judgment, upon motion of a party and due notice to the other party in the manner provided by law for service of summons, the court may allow an amendment of pleadings to change the relief sought from annulment to dissolution or separation, from dissolution to annulment or separation, or from separation to annulment or dissolution. [1973 c.502 §15(2); 2003 c.576 §117]

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ORS 107.405 Powers of court in dissolution, annulment or separation proceedings. When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers. [1971 c.280 §1]

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ORS 107.406 Legislative findings; policy regarding spousal support. (1) The Legislative Assembly finds that it is in the best interests of a former spouse for whom a court has awarded spousal support, as well as the people of this state, that the spousal support obligations be fulfilled

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ORS 107.407 Petition to set aside spousal support provisions of judgment. If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the support provided under the judgment, the individual paying the support may petition the court that issued the judgment to set aside so much of the judgment as may provide for the support of the former spouse. The petition shall not be granted if spousal support was granted in the judgment in lieu of a share of property in order to provide the other spouse with a tax benefit. [1975 c.500 §2; 1983 c.728 §7; 2003 c.576 §118]

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ORS 107.408 Duty to provide income tax information. (1) Except as provided in subsection (5) of this section, if a judgment of marital annulment, dissolution or separation includes an award of spousal support for which any portion of the obligation remains due and owing, upon written request received by one party from the other party, a party shall provide copies of the following documents to the requesting party

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ORS 107.410 [1961 c.418 §1; repealed by 1971 c.280 §28]

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ORS 107.412 Procedure applicable to ORS 107.407; matters considered; attorney fees. (1) Upon petition of an individual and after service of notice on the other party in the manner provided by law for service of a summons, the court shall conduct a proceeding to determine whether so much of its judgment as provides for the support of a party shall be set aside

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ORS 107.415 Notice of change of status of child; effect of failure to give notice. (1) If a party is required by a judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing such money when the minor child receives income from the gainful employment of the child, or is married or enters the military service

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ORS 107.420 [1961 c.340 §1; repealed by 1971 c.280 §28]

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ORS 107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children. (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children’s future interest. The court may defer the entry of a general judgment until the court is satisfied that its judgment in such suit or proceeding will properly protect the welfare of such children. The investigative findings shall be offered as and subject to all rules of evidence. Costs of the investigation may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services

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ORS 107.430 [Formerly 107.180; 1963 c.223 §1; repealed by 1971 c.280 §28]

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ORS 107.431 Modification of portion of judgment regarding parenting time or child support; procedure. (1) At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part of the order or judgment requiring payment of money for the support of the minor child with whom parenting time is being denied after

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ORS 107.434 Expedited parenting time enforcement procedure; remedies. (1) The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation or participation in an alternative dispute resolution conference under ORS 107.103. The procedure must be easy to understand and initiate. Unless the parties otherwise agree or an alternative dispute resolution conference under ORS 107.103 is scheduled, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall provide forms for

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ORS 107.435 [1971 c.280 §19; repealed by 1973 c.502 §18]

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ORS 107.437 Order of assistance to obtain custody of child held in violation of custody order. (1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of any county

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ORS 107.440 [1963 c.434 §14; 1965 c.386 §1; repealed by 1971 c.280 §28]

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