Marital Dissolution, Annulment and Separation

ORS 107.174
Modification of order for parenting time

  • stipulation
  • exception for nonresident child


Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 (Vacation or modification of judgment) of so much of a judgment as relates to the parenting time with a minor child, if the parents submit to the court a notarized stipulation signed by both of the parents and requesting such modification together with a form of order. The content and form of such 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.


This section shall not apply when the child to whom a duty of support is owed is in another state which has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights. [1987 c.795 §12; 1997 c.707 §12; 1999 c.649 §48; 2003 c.576 §115]

Notes of Decisions

Because this section provides exclusive form of stipulated modification of child visitation, oral stipulation was not sufficient. Wylde and Alpert, 110 Or App 401, 823 P2d 429 (1991), Sup Ct review denied

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Last accessed
Jun. 26, 2021