ORS 107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
- modification of preexisting order or judgment
(1)
The provisions of an order or judgment, or of a modification to an order or judgment, issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing) supersede contrary provisions of a preexisting order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), except that an order issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b) supersedes a preexisting order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) only if the party requesting temporary relief consolidates the subsequently filed matter with the preexisting matter filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) and provides the nonmoving party with notice and an opportunity for a hearing.(2)
Intentionally left blank —Ed.(a)
In a proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), the court may modify the custody or parenting time provisions of a preexisting order or judgment issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing), or a similar order or judgment issued by the tribunal of another jurisdiction, if necessary to protect the safety and welfare of the child or the petitioner.(b)
If the court, in an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), modifies the custody provisions of a preexisting order or judgment issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing), the court shall specify in the order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) a period that the court considers adequate under the circumstances within which the party seeking relief may obtain a modification of the preexisting order or judgment under controlling law. Upon the expiration of the period specified by the court, if a modification of the preexisting order or judgment has not been obtained, the custody and parenting time provisions of the order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) expire and the custody and parenting time provisions of the preexisting order or judgment become immediately effective.(c)
If the court, in an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), modifies the custody provisions of a preexisting order or judgment issued by the tribunal of another jurisdiction, ORS 109.701 (Short title) to 109.834 (Severability clause) apply. [1987 c.805 §6; 1995 c.637 §6; 2005 c.536 §3]
Source:
Section 107.722 — Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.
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