Parent and Child Rights and Relationships

ORS 109.744
Exclusive, continuing jurisdiction

(1)

Except as otherwise provided in ORS 109.751 (Temporary emergency jurisdiction), a court of this state that has made a child custody determination consistent with ORS 109.741 (Initial child custody jurisdiction) or 109.747 (Jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until:

(a)

A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training and personal relationships; or

(b)

A court of this state or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this state.

(2)

A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if the court has jurisdiction to make an initial determination under ORS 109.741 (Initial child custody jurisdiction). [1999 c.649 §14]
Note: See note under 109.701 (Short title).

Notes of Decisions

Court that no longer has jurisdiction to modify custody determination retains authority to enforce determination through contempt proceedings until determination has been superseded. Medill and Medill, 179 Or App 630, 40 P3d 1087 (2002)

Source

Last accessed
May 30, 2023

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