Title 109 · ORS Chapter 109
to 109.834 and the determination has not been modified in accordance
Citation: ORS 109.701
Section: 109.701
109.701 to 109.834 and the determination has not been modified in accordance with ORS 109.701 to 109.834.
����� (2) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in ORS 109.774 to 109.827 are cumulative and do not affect the availability of other remedies to enforce a child custody determination. [1999 c.649 �25]
����� Note: See note under 109.701.
����� 109.784 Temporary order for parenting time or visitation. 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
����� (b) The visitation or parenting time provisions of a child custody determination of another state that permit visitation or parenting time but do not provide for a specific visitation or parenting time schedule.
����� (2) If a court of this state makes an order under subsection (1)(b) of this section, the court shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in ORS 109.741 to 109.771. The order remains in effect until an order is obtained from the other court or the period expires. [1999 c.649 �26]
����� Note: See note under 109.701.
����� 109.787 Registration of child custody determination; notice; fee; hearing. (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 established under ORS 21.145;
����� (c) One certified copy of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
����� (d) Except as otherwise provided in ORS 109.767, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child custody determination sought to be registered.
����� (2) On receipt of the documents required by subsection (1) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
����� (3) The person seeking registration of a child custody determination shall serve notice upon the persons named under subsection (1)(d) of this section notifying them of the opportunity to contest the registration in accordance with this section.
����� (4) The notice required by subsection (3) of this section must state that:
����� (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
����� (b) A hearing to contest the validity of the registered determination must be requested within 21 days after service of notice; and
����� (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
����� (5) A person seeking to contest the validity of a registered order must request a hearing within 21 days after service of the notice and pay the filing fee established under ORS 21.145. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
����� (a) The issuing court did not have jurisdiction under ORS 109.741 to 109.771;
����� (b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771; or
����� (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which registration is sought.
����� (6) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
����� (7) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [1999 c.649 �27; 2011 c.595 �34; 2025 c.256 �9]
����� Note: See note under 109.701.
����� 109.790 [1973 c.375 �9; 1997 c.707 �24; repealed by 1999 c.649 �55]
����� 109.791 Enforcement of registered determination. (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 ORS 109.741 to 109.771, a registered child custody determination of a court of another state. [1999 c.649 �28]
����� Note: See note under 109.701.
����� 109.794 Simultaneous proceedings. 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 109.771, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. [1999 c.649 �29]
����� Note: See note under 109.701.
����� 109.797 Expedited enforcement of child custody determination. (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 petition for enforcement of a child custody determination must state:
����� (a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
����� (b) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under ORS 109.701 to