109.119. In determining the best interests of the child, the court shall consider the factors set forth in ORS 109.119 (4) and whether awarding visitation will facilitate the child�s contact with the

109.119. In determining the best interests of the child, the court shall consider the factors set forth in ORS 109.119 (4) and whether awarding visitation will facilitate the child�s contact with the deployed parent. For purposes of this subsection, a legal parent is presumed to act in the best interests of the child. In making an order under this subsection, the court shall apply a preponderance of the evidence standard.

����� (6) A true copy of a motion under subsection (4) of this section shall be served by the moving party by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed.

����� (7) Prior to reinstatement of the provisions of a preexisting judgment, a parent may request ex parte a temporary order alleging that the child will be irreparably harmed or placed in immediate danger if the provisions of the preexisting judgment are automatically reinstated upon completion of deployment.

����� (8) When a court has entered a temporary order under subsection (4) of this section, the absence of a child from this state during a deployed parent�s deployment is considered a temporary absence for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act and this state shall retain exclusive continuing jurisdiction in accordance with ORS 109.701 to 109.834.

����� (9) The court may award attorney fees and costs reasonably incurred in a proceeding under this section if the court finds that a party caused unreasonable delays, failed to provide information as required by this section or acted to unreasonably interfere with or frustrate contact between a deployed parent and a minor child. [2011 c.64 �2; 2017 c.534 �1]

����� Note: 107.145 and 107.146 were added to and made a part of 107.094 to 107.449 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 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:

����� (a) Any proceeding in a suit for marital annulment, dissolution or separation where a deployed parent or a parent whose deployment is imminent is a party;

����� (b) Any proceeding under ORS 107.103, 107.135, 107.138 and 107.139 where a deployed parent or a parent whose deployment is imminent is a party; and

����� (c) A proceeding under ORS 107.145 (4).

����� (2) In any proceeding listed under subsection (1) of this section, whether or not a motion to expedite a hearing has been filed, the court shall make reasonable accommodations to allow a deployed parent, or a parent whose deployment is imminent, to provide video, electronic or Internet testimony if the proceeding involves the custody, parenting time, visitation, support and welfare of the parent�s child and where the deployed parent or the parent whose deployment is imminent cannot personally appear. [2011 c.64 �3; 2017 c.534 �2; 2019 c.293 �3]

����� Note: See note under 107.145.

����� 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]

����� 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]

����� 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:

����� (1) To inspect and receive school records and to consult with school staff concerning the child�s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;

����� (2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records;

����� (3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child�s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records;

����� (4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or

����� (5) To apply to be the child�s conservator, guardian ad litem or both. [1987 c.795 �3]

����� 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.

����� (2) Notwithstanding subsection (1) of this section, a parent is not required to give notice of a change of residence if the court, upon ex parte or other motion of the parent and for good cause, enters an order suspending the requirement. [1987 c.795 �4; 1997 c.707 �11; 2003 c.576 �113]

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

����� 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]

����� 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.

����� (2) The existence of an order of joint custody shall not, by itself, determine the responsibility of each parent to provide for the support of the child.

����� (3) The court shall not order joint custody, unless both parents agree to the terms and conditions of the order.

����� (4) When parents have agreed to joint custody in an order or a judgment, the court may not overrule that agreement by ordering sole custody to one parent.

����� (5) Modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order.

����� (6)(a) The inability of a parent to comply with the terms and conditions of a joint custody order due to the parent�s temporary absence does not constitute a change of circumstances if the parent�s temporary absence is caused by the parent being:

����� (A) Called into state active duty as defined in the Oregon Code of Military Justice; or

����� (B) Called into active federal service under Title 10 of the United States Code as a member of the Oregon National Guard.

����� (b) As used in this subsection, �temporary absence� means a period not exceeding 30 consecutive months. [1987 c.795 �6; 2003 c.576 �114; 2005 c.79 �3; 2013 c.81 �21]

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

����� 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.

����� (2) 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; 2021 c.274 �5]

����� 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.

����� (2) At its discretion, the court may:

����� (a) Order mediation under this section prior to trial and postpone trial of the case pending the outcome of the mediation, in which case the issue of custody shall be tried only upon failure to resolve the issue of custody by mediation;

����� (b) Order mediation under this section prior to trial and proceed to try the case as to issues other than custody while the parties are at the same time engaged in the mediation, in which case the issue of custody shall be tried separately upon failure to resolve the issue of custody by mediation; or

����� (c) Complete the trial of the case on all issues and order mediation under this section upon the conclusion of the trial, postponing entry of the judgment pending outcome of the mediation, in which case the court may enter a limited judgment as to issues other than custody upon completion of the trial or may postpone entry of any judgment until the expiration of the mediation period or agreement of the parties as to custody.

����� (3) If either party objects to mediation on the grounds that to participate in mediation would subject the party to severe emotional distress and moves the court to waive mediation, the court shall hold a hearing on the motion. If the court finds it likely that participation in mediation will subject the party to severe emotional distress, the court may waive the requirement of mediation.

����� (4) Communications made by or to a mediator or between parties as a part of mediation ordered under this section are privileged and are not admissible as evidence in any civil or criminal proceeding. [1987 c.795 �13; 2003 c.576 �116; 2017 c.651 �13; 2025 c.592 �115]

����� 107.180 [1959 c.534 �1; renumbered