Title 11, Domestic Relations

As used in ORS 109.774 to 109.827: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Respondent” means a pe…

Under ORS 109.774 to 109.827, a court of this state may also enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if the order were a child custody determination. [1999 c.649 §24] Note: See note unde…

(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with ORS 109.701 to 109.834 or the determination was made under factual circumstances meeting the j…

In a child custody enforcement proceeding authorized by law: (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A parenting time or visitation schedule made by a court of another state; or (…

(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) The filing fee …

(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with…

If a proceeding for enforcement under ORS 109.774 to 109.827 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ORS 109.741 to 10…

(1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A peti…

Except as otherwise provided in ORS 109.807, the petition and order for enforcement of a child custody determination must be served by the petitioner, by any method authorized for service of process within this state, upon the respondent and any person who has physical custody of…

(1) Unless the court issues a temporary emergency order under ORS 109.751, upon a finding that a petitioner is entitled to immediate physical custody of the child under the controlling child custody determination, the court shall order that the petitioner may take immediate physi…

(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remo…

(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care expenses …

A court of this state shall accord full faith and credit to an order issued by another state and consistent with ORS 109.701 to 109.834 that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having …

An appeal may be taken from a final order in a proceeding under ORS 109.774 to 109.827 in accordance with ORS chapter 19. Unless the court enters a temporary emergency order under ORS 109.751, the enforcing court may not stay an order enforcing a child custody determination pendi…

(1) In a case arising under ORS 109.701 to 109.834 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under ORS 109.774 to 109.827 or any other available civil…

At the request of a district attorney acting under ORS 109.821, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under ORS 109.821. [1999 c.649 §38] Note: See note under 109…

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney and law enforcement officers under ORS 109.821 or 109.824. [1999 c.649 §39] Note: See note under 109.701.

In applying and construing ORS 109.701 to 109.834, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [1999 c.649 §40] Note: See note under 109.701.

If any provision of ORS 109.701 to 109.834 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of ORS 109.701 to 109.834 that can be given effect without the invalid provision or application, and to thi…

(1) A person who violates ORS 109.281 (3) or who submits a false statement under ORS 109.281 (1) commits a Class C felony. (2) A person who violates any provision of ORS 109.281 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. […

This chapter may be cited as the Uniform Interstate Family Support Act. [2015 c.298 §2]

As used in this chapter: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) “Child su…

(1) The tribunals of this state are the circuit court, the administrator as defined in ORS 25.010, the Department of Justice or an administrative law judge of the Employment Department, as appropriate. (2) The Division of Child Support of the Department of Justice is the support …

(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (2) This chapter does not: (a) Provide the exclusive method of establishing or enforcing a sup…

(1) A tribunal of this state shall apply ORS 110.500 to 110.641 and, as applicable, ORS 110.645 to 110.669 to a support proceeding involving: (a) A foreign support order; (b) A foreign tribunal; or (c) An obligee, obligor or child residing in a foreign country. (2) A tribunal of …

(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (a) The individual is personally served with…

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. [2015 c.298 §9]

(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (a) The petition or comparable pleading in this state is filed before the e…

(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (a) At the time of the filing of a reque…

(1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (a) The order if the order is the controlling order and has not been modified by a tribu…

(1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (2) If a proceeding is brought under this chapter and two or more child support orders have been issued by tribuna…

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state or …

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this state pursuant to ORS 110.584, …

(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) A tribunal of this state may not modify a spousal …

(1) Except as otherwise provided in this chapter, ORS 110.542 to 110.591 apply to all proceedings under this chapter. (2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribuna…

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. [2015 c.298 §19]

Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proc…

(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) To the responding tribunal or appropriate support enforcement agency in the responding state; or (b) If the identity o…

(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to ORS 110.542 (2), the responding tribunal shall cause the petition or pleading to be filed and notify the petitioner where and when it was fi…

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…

(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (2) A support enforcement agency of this state that is providing services to the petitioner shall: (a) Take all steps necessary to enable an ap…

(1) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual. …

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. [2015 c.298 §26]

(1) The Attorney General’s office is the state information agency under this chapter. (2) The state information agency shall: (a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enf…

(1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under ORS 110.…

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. Af…

(1) The petitioner may not be required to pay a filing fee or other costs. (2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred …

(1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedin…